Tourlane US – Terms of Service

Last updated: May 28, 2025

Dear traveler,

Thank you for taking the time to carefully read our Terms of Service (the “Terms”). These Terms govern your use of our Services including your use of our website and mobile application and your booking of Travel Services through our Services.

When you use our Services, including by making a booking through our Services, you agree to these Terms and they form part of the contract between you and us. It is a condition of using our Services that you accept these Terms. If you do not want to accept these Terms, you must stop using our Services.

We may change these Terms at any time by updating them on our website. When using our Services, please always ensure that you read and agree with the most up-to-date Terms published on our website. Your continued use of our Services after any changes come into effect will constitute your acceptance of the updated Terms. Any existing bookings will continue to be governed by the Terms that applied to your booking when the booking was made. We recommend that you save or print a copy of these Terms.

SECTION 43 OF THESE TERMS TITLED ‘DISPUTE RESOLUTION AND ARBITRATION’ CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST US IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY.

These Terms cover the following topics: Part A: General terms for all Services

1. Defined Terms

2. Role of Tourlane and scope of the contract between you and Tourlane

3. Travel Provider Terms

4. User claims against Travel Providers

5. Booking and conclusion of contract

6. Geographical availability of our Services

7. License to use our Services and your obligations when doing so

8. Services “as is”; no warranties; no right to uninterrupted service

9. Links to Third Party Content

10. Travel Service Information (including price and availability information)

11. Ratings

12. General payment terms

13. Taxes

14. Passport, visa, customs, foreign exchange, health and safety regulations

15. Booking Documents

16. Special needs or requirements

17. Voluntary non-use of booked Travel Services

18. Insurance

19. LIMITATION OF TOURLANE’S AND THE TOURLANE PARTIES’ LIABILITY

20. Indemnification

21. Release

22. User account

23. User Content

24. Intellectual property, including trademarks and copyright

25. Preventing and reporting brand fraud and scam activities

26. Data Privacy

27. Customer Support

28. Miscellanous Terms

Part B: Additional Terms for Land Packages sold by Tourlane

29. Contract and Travel Provider Rules

30. Pricing and payment for Land Packages

31. Tourlane’s right to cancel trip if minimum number of participants not met

32. Booking changes and cancellations for Land Packages: TourlaneCare Basic and TourlaneCare Flex

Part C: Additional Terms for Tourlane’s assistance in your purchase of Flight Services

33. Contract for Flight Services and Tourlane’s role; applicable terms

34. Pricing and payment for Flight Services

35. Travel Provider Rules

36. Baggage loss or damage

37. Booking changes and cancellations for Flight Services

38. Airline rules

39. Notice of air passenger rights under U.S. federal law

Part D: Rules for customers from specific states

40. Rules for customers who are residents of New York State

41. Rules for customers who are residents of Massachusetts

Part E. Miscellaneous Terms

42. Governing law and jurisdiction

43. DISPUTE RESOLUTION AND ARBITRATION

44. Failure to invoke

45. Unenforceable provisions

46. Entire agreement

47. Assignment

48. No agency relationship

49. Third-party rights

50. Survival of obligations

Part A: General terms for all Services

1. Defined Terms

In these Terms,

“AAA” has the meaning assigned to it in Section 43.

“AAA Rules” has the meaning assigned to it in Section 43.

“Arbitration Agreement” has the meaning assigned to it in Section 43.

“Booking Confirmation” has the meaning assigned to it in Section 5.

“Booking Documents” has the meaning assigned to it in Section 15.

“Booking Request” has the meaning assigned to it in Section 5.

“Claims” has the meaning assigned to it in Section 43.

“Content” refers to all information, text, descriptions, reviews, photographs, images, videos, code, software, typefaces, graphics, music, sounds, illustrations, maps, rating systems, designs, icons, trademarks, service marks, logos and all other content made available through our Services.

“Damages” has the meaning assigned to it in Section 20.

“FAA” has the meaning assigned to it in Section 43.

“Flight Seller” has the meaning assigned to it in Section 2.

“Flight Services” has the meaning assigned to it in Section 2.

“Land Package” is a combination of Travel Services other than Flight Services into a Travel Package, including but not limited to accommodations, transfers, car rentals, train transportation, cruises, activities (e.g., guided tours, safaris, sports activities, etc.) and other non-flight related Travel Services.

“Modified Trip Offer” has the meaning assigned to it in Section 5.

“Services” refers to (i) the provision of our websites, mobile applications, email newsletters, social media channels, and other digital and online tools and Content, (ii) our service of combining Travel Services other than flights into Land Packages and selling those Land Packages, and (iii) our service with regard to Flight Services as an agent between the User as the buyer of Flight Services and the Flight Seller (i.e., providing information about and assistance in buying flight tickets from a third-party Flight Seller).

“Terms” are these Terms of Service.

“Third-Party Content” has the meaning assigned to it in Section 9.

“Tourlane”, “we”, “us”, “our” refer to Tourlane LLC, a Delaware LLC having its registered office at 251 Little Falls Drive, Wilmington, Delaware 19808.

“Tourlane Group Companies” means Tourlane and its affiliates, including shareholders and subsidiaries (and each of them is a “Tourlane Group Company”).

“Tourlane Parties” and “Tourlane Party” has the meaning assigned to it in Section 19.

“Travel Documents” has the meaning assigned to it in Section 14.

“Travel Packages” refers to the combination of several Travel Services (such as, for example, transportation and accommodation) into one combined travel offer.

“Travel Provider” refers to independent third parties that provide Travel Services (for example, a hotel, airline, or cruise ship company).

“3. Travel Provider Terms” has the meaning assigned to it in Section 3.

“Travel Services” refers to services made available by independent third-party Travel Providers and included in the Travel Packages offered through our Services (for example, stays at a hotel, flight or train transportation, guided tours, or other tourist activities).

“Travel Service Information” refers to information (including but not limited to information about destinations, itineraries, accomodations, means of transportation, prices, availabilities and other information) related to the Travel Services that are offered through Tourlane’s Services.

“User Content” has the meaning assigned to it in Section 23.

“you” and “user” refers to the user of our Services.

“Your Contracting Party” has the meaning assigned to it in Section 7.

2. Role of Tourlane and scope of the contract between you and Tourlane

Tourlane provides Content about Travel Services and, depending on the nature of the Travel Services, sells or brokers the sale of Travel Services:

(a) With regard to Travel Services other than Flight Services, unless otherwise stated, Tourlane acts as the packager and seller of such Travel Services which it combines into Travel Packages (“Land Packages”).

(b) with regard to flights and flight-ancillary services (e.g., airport lounge passes) (“Flight Services”), unless otherwise stated, Tourlane acts as an agent only between the buyer and the seller of the Flight Services (the “Flight Seller”).

To the extent Tourlane acts as a seller of a Land Package (see (a) above), the contract between you and Tourlane will govern (i) the provision of Tourlane’s website, mobile application, email newsletter, and other digital and online tools and Content to you, (ii) Tourlane’s support for you in booking the Land Package, and (iii) the provision of the Land Package to you. For additional terms and conditions applying to this situation, please refer to Part B of these Terms below.

To the extent Tourlane acts as an agent for a Flight Seller (see (b) above), the contract between you and Tourlane governs (i) the provision of Tourlane’s website, mobile application, email newsletter, and other digital and online tools and Content to you, (ii) Tourlane facilitating your entry into a contract with a third-party Flight Seller for the purchase of Flight Services and your payment for the Flight Services. The contract regarding the Flight Services is concluded directly between you and the Flight Seller and Tourlane is not a party to such contract. For additional terms and conditions applying to this situation, please refer to Part C of these Terms below.

3. Travel Provider Terms

In both cases 2(a) and 2(b) above (i.e., irrespective of whether Tourlane acts as seller of a Land Package, or only as agent for a third-party Flight Seller), in addition to these Terms, the Travel Services are also governed by the terms and conditions of the Travel Providers providing the Travel Services (for example, a hotel’s booking terms, an airline’s conditions of carriage, or a rental car company’s rental agreement, etc.). Such terms and conditions are referred to as “Travel Provider Terms”.

When making a booking through Tourlane’s Services, you will be provided with the Travel Provider Terms and your booking will confirm your acceptance of such Travel Provider Terms. It is important that you familiarize yourself with the Travel Provider Terms before making a booking.

To the extent Tourlane acts as travel agent only (with regard to Flight Services), the Travel Provider Terms will be applicable in addition to your contract with the Flight Seller.

To the extent Tourlane acts as a seller of a Land Package, the Travel Provider Terms will be incorporated into your contract with Tourlane governing the Land Package.

If you violate a Travel Provider Term, this may adversely affect the Travel Services (for example, your booking may be cancelled, or you may be denied access to the Travel Services; depending on the Travel Provider Terms you violated, this may result in a loss of money paid for such booking).

Please note that some Travel Providers may require you to sign a liability waiver prior to participating in the Travel Services they offer.

4. User claims against Travel Providers

Where Tourlane acts only as booking agent, you acknowledge and agree that any claims relating to non-performance or improper performance of Travel Services (including delays, cancellations, over-booking, or quality defects) can only be made against the Travel Provider(s). Upon written request, Tourlane will promptly confirm to you the legal name, mailing address, and any available email or telephone contact information for the relevant Travel Provider(s). If you submit a written claim to Tourlane within the applicable limitation period in accordance with the Travel Provider Terms, Tourlane will, without assuming any liability, promptly forward your claim and any supporting documentation to the Travel Provider and will confirm such forwarding to you in writing or by email. This forwarding service does not extend or revive any statutory or contractual deadlines that apply to your claim.

5. Booking and conclusion of contract

When you purchase a Land Package and/or Flight Services through Tourlane’s Services, you and Tourlane go through the following steps:

(i) First, you explore trips on Tourlane’s website and liaise with Tourlane’s travel experts to tailor the Land Package and/or Flight Services to your individual needs and preferences.

(ii) Then, you confirm that you want to book the suggested trip through Tourlane’s Services, i.e., you submit a booking request (“Booking Request”). You can make your Booking Request in writing, through the Tourlane website, via email or other electronic communication, or by telephone. With this Booking Request, you make a binding offer to Tourlane in its capacity as seller of the Land Package and/or agent for a Flight Seller, to conclude a sale and purchase contract concerning the relevant Land Package(s) and/or Flight Services. Your Booking Request is binding for you for 16 calendar days. This 16-day period gives Tourlane the opportunity to contact all relevant Travel Providers and confirm availability of the Travel Services included in the Land Package and/or Flight Services you want to purchase.

(iii) Shortly after your Booking Request, Tourlane will confirm receipt of your Booking Request. This confirmation of receipt does not conclude the purchase contract(s) regarding the Land Package(s) and/or Flight Services. 

(iv) The purchase contract is only concluded when Tourlane sends you a booking confirmation, either in the form of a statement confirming that your Booking Request has been accepted and your trip has been booked or in the form of an invoice (“Booking Confirmation”).

(v) In the unlikely case that Tourlane was not able to confirm the supply of all elements of the requested Land Package and/or Flight Service, Tourlane will, instead of the Booking Confirmation, send you a modified offer (“Modified Trip Offer”). You are free to accept or decline the Modified Trip Offer. Tourlane will honor the Modified Trip Offer for 10 days from the date on which it communicated the Modified Trip Offer to you. If you want to accept the Modified Trip Offer, you need to confirm your acceptance of the Modified Trip Offer to Tourlane in writing or by making a requested down payment within 10 days from the date on which Tourlane communicated the Modified Trip Offer to you.

6. Geographical availability of our Services

Our Services are currently not available in all US states and territories. We will inform you during the booking process if our Services are not yet available in the state or territory where you reside.

7. License to use our Services and your obligations when doing so

Tourlane grants you a limited, personal, nontransferable, non-sublicensable, non-exclusive, revocable license to access and use the Services only as expressly permitted in these Terms.

Tourlane may revoke the user’s license to access the Services at any time for any valid reason with immediate effect.

Tourlane reserves the right to modify, suspend, or terminate the Services or any part thereof, including user accounts, at any time for any reason with or without notice. In the event of termination, these Terms will continue to govern the relationship between Tourlane and the user. Tourlane shall not be liable to the users or any third parties for the termination of access to the Services.

When using our Services, you represent and agree that

• you will use our Services in compliance with these Terms and applicable law, and not for any unlawful purpose;

• you are of legal age in the jurisdiction in which you reside and have the legal capacity and authority to enter into contracts;

• you use our Services only for non-commercial, personal purposes;

• all information provided by you to Tourlane and any Travel Provider(s) is true, accurate, complete and current and you will keep such information up to date;

• if you notice any error, inaccuracy, or omission in any information related to or connected with your booking and supplied by you, a Tourlane Party, or a Travel Provider (in each case including but not limited to, Travel Service Information, booking information, information relating to you or other members of your travel party, information about a booking or reservation not having been made as agreed, information in Travel Documents or Booking Documents, and other information), you will immediately notify the Tourlane Customer Service of such error, inaccuracy or omission and, if it relates to information provided by you, supply the corrected or missing information;

• you will not make any false or fraudulent booking through the Services (including, but not limited, to bookings with a false name or with an invalid method of payment); Tourlane reserves the right to cancel any booking that it reasonably believes to have been fraudulently made, including by unauthorized use of a credit or debit card;

• you will not copy, monitor or access any part of our Services and Content using scrapers, spiders, robots, AI or software tools, or any other automated or manual means or processes;

• violate the restrictions in any robot exclusion headers on our website or other part of our Services, or bypass or circumvent other measures employed to prevent or limit access to our Services;

• take any actions that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;

• deep-link to any portion of our Services for any purpose, including without limitation, the purchase path for travel services;

• you will respect all intellectual property rights in Content and other elements accessible to you through our Services and will not use, transmit, copy, reproduce, download, print, modify, display, frame or reframe, mirror, publish, create derivative works from, transfer or sell any Content or other element or part of our Services without express written authorization from us, provided that you may copy, print, and/or download your travel, transportation and lodging reservations and itineraries from our Services for your personal, non-commercial use and the personal, non-commercial use by persons that travel with you;

• you will only book on behalf of others if you (i) have the required authority to do so (ii) inform them about the terms that apply to the booking (including the Travel Provider Terms) and ensure that they agree to, and will comply with, such terms, (iii) acknowledge that you will be responsible for all obligations of yourself and the others on whose behalf you have made the booking, including obligations to provide accurate, complete and up-to-date information, pay any amounts due pursuant to the bookings made, and all other obligations of you and the other person(s) on whose behalf you enter into contact with Tourlane or a Travel Provider, (iv) remain responsible for all communications relating to the booking, and (v) agree to indemnify and hold Tourlane, the Tourlane Parties, and the Travel Providers relevant to the booking, harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to or caused by your and/or any of the persons for who you made the booking’s failure to fulfill any of your or their obligations;

• you will not use our Services in any manner which could damage, disable, overburden, impair or otherwise interfere with other user’s use of our Services, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

• you will not attempt to gain unauthorized or unintended access to any part of our Services, user accounts, computer systems or software through hacking, password mining, or any other means; and

• you will not obtain or attempt to obtain any access to the Services or any Content through any means not intentionally made available by us for use in this manner, including by harvesting or otherwise collecting information about Tourlane or other users of the Services.

If you violate any of the above representations, agreements and obligations, this may adversely affect your rights under any contract concluded with Tourlane, any other Tourlane Group Company, a Flight Seller, and/or a Travel Provider (in each case, “Your Contracting Party”).

In the case of a violation of any of the above representations, agreements and obligations by you (or any person for which you have made a booking) that cannot be, or is not, cured without causing any material adverse consequences (to be determined in the absolute and sole discretion of Your Contracting Party), Your Contracting Party may cancel or terminate the contract with you without any entitlement for you (or the person for who you made a booking) to receive a refund or benefit from any other rights or entitlements, subject only to applicable mandatory law.

Tourlane and/or any Travel Provider may cancel all or part of your booking with immediate effect if (i) you engage in fraudulent activity, violent, threatening, or otherwise unlawful conduct, or (ii) you materially breach these Terms or the rules issued by any Travel Provider after receiving a written or oral warning. In such event the total price remains payable. Tourlane reserves all other rights and remedies at law.

8. Services “as is”; no warranties; no right to uninterrupted service

All Content and Services are provided to you on an “as is” basis and neither Tourlane nor any tourlane group company makes any representations or warranties of any kind, either express or implied, as to the operation of the Services or the information, Content or materials made available through the Services.

To the fullest extent permissible, Tourlane and the tourlane group companies disclaim all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, non-infringement of the rights of third parties, suitability for any specific purpose, availability and freedom from interruptions, accuracy, reliability, completeness, freedom from errors or omissions, timeliness, currency, freedom from viruses or other harmful components, that defects will be corrected, and all other warranties that are not explicitly stated herein.

In addition to, and without limiting any of the foregoing, no warranty or guarantee is made regarding the acceptance of any request, that a user will receive the lowest available price for goods and/or services made available through the Services, regarding the availability of products and/or services through the Services, and regarding the QUALITY AND results that may be obtained from the use of the Services.

We may also make improvements and changes to our Services at any time.

9. Links to Third Party Content

If as part of our Services we make available to you links to third party websites, services and resources (“Third-Party Content”), this does not mean that we endorse, recommend, or accept liability for such Third-Party Content. Any concerns regarding Third Party Content must be directed to the third party providing such Third-Party Content. If you choose to follow any links to Third Party Content provided by us, you do so at your own responsibility and risk.

10. Travel Service Information (including price and availability information)

Tourlane undertakes commercially reasonable efforts to always publish accurate and up-to-date Travel Service Information (including prices, availabilities and other information) related to the Travel Services that are offered through Tourlane’s Services.

Because prices for and availabilities of Travel Services are dynamic and can change at any time, we reserve the right to update Travel Service Information displayed through our Services at any time.

Because we obtain most of the Travel Service Information from Travel Providers, despite commercially reasonable efforts to always display accurate, complete and up-to-date Travel Service Information, we cannot guarantee the accuracy, currency and completeness of all Travel Service Information. Where Travel Service Information is inaccurate, incomplete or outdated due to typographical or other errors on our side, or errors in Travel Service Information received from a Travel Service Provider, we reserve the right to correct such information at any time.

If there is an error and you have made a booking, we will offer you the opportunity to keep your booking under the corrected conditions (price, dates, etc.) or to cancel your booking and receive a full refund of funds already paid. We decline any obligation to make Travel Services available to you at an incorrect (lower) price or at unavailable dates even after you have been sent a booking confirmation.

The Travel Service Information in the individual travel offer, the travel confirmation and the relevant invoices form the basis of your contract with Tourlane as seller of travel or agent for a seller of travel. Additional Travel Service Information or agreements that change the scope of the Travel Services owed under the contract require written confirmation. Illustrations, images or photos of destinations, accomodations (such as hotel rooms), cars, trains, cruise ships or other means of transportation are provided as non-binding examples only and do not form part of the contract. The actual appearance of the destination, accommodation or means of transportation may differ from the appearance in any illustrations, images or photos and neither Tourlane nor any Tourlane Party or Travel Provider are liable for any such difference or deviation. Absent express written agreement between Tourlane and the User, information in hotel brochures, on third-party websites or in other descriptions that are not published by Tourlane are not binding for Tourlane nor any Tourlane Party or Travel Provider.

11. Ratings

Ratings of Travel Services on third party rating sites, by local or national star rating organizations, and/or shown on or through our Services (for example, a hotel’s star rating) indicate what you might expect from the respective Travel Service but are subject to subjective judgments and standards and may differ from standards in your own country. Such ratings do not represent or promise any particular standard, feature or amenity. We cannot guarantee the accuracy of any specific rating whether displayed through our Services, on a third party website, or elsewhere.

12. General payment terms

13. Taxes

14. Passport, visa, customs, foreign exchange, health and safety regulations

The user as traveler is responsible for their full compliance with passport, visa, customs, foreign exchange and health and safety regulations. If they have booked for additional persons, they are also responsible for such persons’ compliance with such regulations.

The user is responsible for obtaining and carrying all travel documents required by all relevant authorities (including but not limited to, identity verification documents, official forms and certificates, visas, Booking Documents, and all other documents or information required to travel) (the “Travel Documents”), any necessary vaccinations and other health precautions, and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these and all other applicable regulations, including but not limited to the payment of cancellation costs, shall be borne by the user. Please make sure that your passport, if required for your travel, is valid for at least six months beyond your planned return date.

Tourlane will provide general information about passport and visa requirements (including the approximate timelines for obtaining any necessary visas) as well as health formalities of the country of destination, but the user acknowledges that such information is (i) subject to changes outside of the control of Tourlane, sometimes at short notice, and (ii) general in nature and that the user’s specific situation may mean that the applicable regulations differ from the general information provided by Tourlane (for example, depending on the user’s nationality or nationalities, or other individual circumstances). The user therefore acknowledges and agrees that Tourlane does not take responsibility for the currency, applicability and/or accuracy of the general information provided by Tourlane.

If the user has agreed with Tourlane that Tourlane will assist the user in obtaining required visas, Tourlane is not responsible for the timely issuance and receipt of necessary visas by the respective diplomatic representation unless Tourlane has violated its own obligations.

Please inform yourself well ahead of your planned departure time about any vaccinations required or recommended for your destination as well as other prophylactic measures. Where appropriate due to your personal circumstances, medical advice should be sought regarding thrombosis and other health risks.

Please also consult general health and safety information for your destination, available in particular from your local and the destination’s health and public safety authorities, tropical medicine specialists, or travel medicine information services. As with regard to the information about passport, visa and other requirements mentioned above, any general information provided by Tourlane in this regard cannot be relied upon without independent verification and may no longer be up to date or not applicable to your specific health situation.

You also must review any governmental travel advice or warnings issued by your own and the destination country’s relevant governmental agencies before you book international travel, and monitor such advice during travel.

Neither Tourlane nor any Tourlane Party represents or warrants that travel to international destinations is advisable or without risk and neither Tourlane nor any Tourlane Party is liable for damages or losses that may result from travel to such destinations.

15. Booking Documents

Tourlane will provide you with all documents relating to your booking (“Booking Documents”), unless it informs you that you will receive all or part of the Booking Documents directly from Travel Providers. Booking Documents will be sent to you by post or electronically at Tourlane’s and/or the relevant Travel Provider’s discretion. Please inform Tourlane if you have not received all Booking Documents at least 10 days prior to the departure date.

You are obliged to check all Booking Documents for correctness and completeness, in particular for conformity with the offer and agreed booking terms, and to alert Tourlane immediately if you find any inaccuracies or lack of documents.

16. Special needs or requirements

If you have special needs or requirements, including disability needs, please inform our team before or when booking so that we may assist you in finding a Travel Package that meets your needs. While we will undertake reasonable best efforts to find a Travel Package that meets your needs, because not all Travel Providers in all destinations are able to accommodate special needs, we may not be able to find a Travel Package that meets your needs. Unless expressly agreed otherwise, special requests are not deemed to be a condition of a booking request nor do they form the basis for a contract that is concluded following a booking request.

After booking, Tourlane accepts special requests for the sole purpose of forwarding them to the relevant Travel Providers. Unless expressly agreed otherwise, Tourlane is not responsible for the fulfillment of such special requests.

As a general rule, any special requests only become part of Tourlane’s or a Travel Provider’s contractual obligations upon express written confirmation by Tourlane or the relevant Travel Provider.

17. Voluntary non-use of booked Travel Services

If you voluntarily decline, interrupt, or otherwise do not use any portion of booked Travel Services after commencement of travel, no refund is owed to you for any unused portion of the Travel Services. At your written request Tourlane may, without any obligation nor guarantee, attempt to recover any cost savings actually realized by the relevant Travel Provider(s). Any amounts recovered will be remitted to you less (i) a $100 administrative fee and (ii) any non-recoverable charges. This clause does not limit any statutory rights to a refund that may arise where a provider itself cancels or materially alters the service.

18. Insurance

Unless otherwise stated, prices displayed through our Services do not include travel insurance. We strongly recommend that you take out insurance that adequately covers the risks related to travel (including but not limited to cancellations outside of the control of Tourlane and the Travel Providers, illness, accidents, patient transport, etc.). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements.

Please note that TourlaneCare Flex is not an insurance. For more information on TourlaneCare Flex, please see Section 32 below.

19. LIMITATION OF TOURLANE’S AND THE TOURLANE PARTIES’ LIABILITY

TO THE WIDEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOURLANE OR ANY OF THE TOURLANE GROUP COMPANIES, AND/OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, CONTRACTORS, PARENTS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES (THE “TOURLANE PARTIES” AND EACH INDIVIDUALLY, A “TOURLANE PARTY”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE THE SERVICES OR ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR THE TOURLANE WEBSITES, MOBILE APPLICATIONS, EMAILS OR SOCIAL MEDIA CHANNELS, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ACCESSED OR OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS (INCLUDING BOOKINGS) ENTERED INTO THROUGH THE SERVICES; (VII) ANY TRAVEL SERVICES; (VIII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO A USER’S COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (IX) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, ANY DELAY OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, EVEN IF A TOURLANE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

TO THE EXTENT PERMITTED BY LAW, THE TOURLANE PARTIES DO NOT ASSUME RESPONSIBILITY AND DECLINE LIABILITY FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES OR STRIKES (BY AIRLINES, PROPERTIES, AIR TRAFFIC CONTROLLERS, ETC.), INTERRUPTION OF MEANS OF COMMUNICATION OR ELECTRICITY, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, PANDEMICS, EPIDEMICS, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, FORCE MAJEUR OR CAUSES BEYOND THE TOURLANE PARTIES’ CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURLANE AND ALL TOURLANE GROUP COMPANIES ALSO DECLINE ANY LIABILITY FOR ANY FLIGHT SELLER’S OR TRAVEL PROVIDERS’ ACTS OR OMISSIONS, WHETHER INTENTIONAL OR NEGLIGENT, INCLUDING BUT NOT LIMITED TO: 

• ERRONEOUS, INACCURATE, OUTDATED OR INCOMPLETE INFORMATION PROVIDED BY ANY FLIGHT SELLER OR TRAVEL PROVIDER TO US AND FROM US TO YOU, OR DIRECTLY FROM THE FLIGHT SELLER OR TRAVEL PROVIDER TO YOU;

• ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY ANY FLIGHT SELLER OR TRAVEL PROVIDER;

• ANY DAMAGE CAUSED TO YOU OR ANY OTHER PERSON BY ANY FLIGHT SELLER OR TRAVEL PROVIDER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES, LOSSES, EXPENSES OR DELAYS RESULTING FROM ANY ACT OR OMISSION OF ANY FLIGHT SELLER OR TRAVEL PROVIDER;

• A FLIGHT SELLER OR TRAVEL PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL OR LOCAL LAW;

• ANY OTHER WRONGDOING OF A FLIGHT SELLER OR TRAVEL PROVIDER (INCLUDING ONE THAT WOULD OTHERWISE RESULT IN ANY LIABILITY IN TORT).

THE FLIGHT SELLERS AND TRAVEL PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TOURLANE OR ANY TOURLANE GROUP COMPANY.

BECAUSE THE INFORMATION ABOUT TRAVEL SERVICES PROVIDED THROUGH OUR SERVICES COMES FROM FLIGHT SELLERS AND TRAVEL PROVIDERS, TOURLANE AND THE TOURLANE GROUP COMPANIES DECLINE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR SUCH INFORMATION, UNLESS TOURLANE OR A TOURLANE GROUP COMPANY DIRECTLY CAUSED ANY MATERIAL INACCURACY.

IF NOTWITHSTANDING THE ABOVE ANY TOURLANE GROUP COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER THESE TERMS OR OTHERWISE IN CONNECTION WITH OR RELATED TO THE SERVICES, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOURLANE GROUP COMPANY SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES THAT WERE:

• REASONABLY FORESEEABLE BY BOTH YOU AND THE TOURLANE GROUP COMPANY;

• ACTUALLY SUFFERED OR INCURRED BY YOU; AND

• DIRECTLY ATTRIBUTABLE TO THE ACTIONS OF THE TOURLANE GROUP COMPANY;

AND SUCH LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE GREATER OF (I) THE PRICE PAID BY YOU FOR THE TRAVEL SERVICES IN QUESTION OR (II) ONE-HUNDRED US DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF EACH OF THE TOURLANE GROUP COMPANIES.

20. Indemnification

You agree to defend, indemnify and fully compensate Tourlane and all Tourlane Parties, against and for any claims, causes of action, demands, recoveries, damages, losses, fines, penalties, costs or expenses of any kind or nature (including reasonable legal and accounting fees) (“Damages”) brought (i) by you or on behalf of you in excess of the liability described above, or (ii) by any third party as a result of:

• a breach by you of these Terms or any terms referenced herein;

• your violation of any law or regulation or the rights of any third party;

• your use of our Services, or any Travel Service booked through our Services; and/or

• any User Content or other content you provide or submit in connection with the Services;

provided that this indemnification shall only apply to the extent that the Damages are not directly caused by the actions of any Tourlane Group Company.

You agree to undertake best efforts to support Tourlane and the Tourlane Group Companies if they are defending against a claim. Notwithstanding your obligation to fully indemnify the Tourlane Parties, Tourlane and the Tourlane Group Companies reserve the right to take full control of the defense against any claim or other dispute, and you agree not to settle any claim or other dispute without Tourlane’s prior written consent. Tourlane will promptly provide you notice of any such claim. Both you and Tourlane shall promptly provide the other notice of any such claims or other disputes.

21. Release

If you have a dispute with any third party, including but not limited to a Travel Provider (including but not limited to any dispute regarding any booking or other transaction or any service or product linked to from our Services), you agree that you will not involve, hold liable, or make any claim against, (including for Damages or compensation), any Tourlane Party in any way in respect of the dispute. The foregoing sentence will not apply to the extent such dispute is directly caused by a Tourlane Party.

We plan to make our offering available to California residents in the future. Once our offering is available to California residents, if you are a California resident and you use our Services, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.

22. User account

Our Services offer you the possibility to open a user account. If you create a user account, you are responsible for keeping your account access information secure. You are solely responsible for any use of your account by you or others (even those transactions that you did not intend to be performed). You agree to notify us immediately of any unauthorized use of your account and to provide us with all information required for us to ensure compliance with these Terms as well as with any legal obligations that we are subject to.

Data you submit when creating your user account, and through your user account, is subject to our Privacy Policy. You can request deletion of your user account at any time by contacting service@tourlane.com. This does not affect your existing bookings.

23. User Content

We may offer you the possibility to submit reviews, photos, videos, or other content (“User Content”) through our Services. By submitting any User Content (or authorizing the submission of any User Content in which you hold any right), you grant Tourlane a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such User Content in any media, now known or later devised, for any purpose.

By submitting any User Content (directly or indirectly through others who you authorize to do so), you confirm that you have all required legal rights and authority to submit such User Content and to grant the above-mentioned license with regard to such User Content. To the extent that the User Content you submit (or authorize others to submit) contains trademarks or other protected names or marks, you confirm that you have the legal right and authority to use such trademarks or other protected names or marks and you agree to fully indemnify the Tourlane Parties against any third party claims based on the User Content submitted directly or indirectly by you in accordance with Section 20.

You further acknowledge and agree that:

• We may choose to use the name that you submit with any User Content to attribute your User Content (for example, by listing your first name on a review that you submit) at our reasonable discretion in a nonidentifiable format.

• That such User Content may also be shared with any Travel Providers.

• That any User Content you submit, or authorize others to submit, is non-confidential and non-proprietary.

• That none of the User Content you submit, or authorize others to submit, is misleading, deceptive, or likely to deceive or mislead any person.

• That by submitting communications or User Content to us, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms.

• That you are fully responsible for the User Content you submit or authorize others to submit, and that none of the User Content submitted directly (or indirectly through others) by you contains any content, information, comments, links or other materials that:

- are unlawful, harmful, harassing, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, tortuous, defamatory, false, hateful or otherwise objectionable;

- infringe or violate the intellectual property of others including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, and/or rights to privacy or publicity; and/or

- that you do not have a right to make available under law or contractual or fiduciary relationships.

If under applicable laws you retain any rights of attribution, integrity or any other moral rights in any User Content, you agree to the fullest extent permitted by applicable law, to waive your right to assert these rights or to require that any personally identifying information be used in connection with the User Content, or any derivative works thereof, and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the User Content by us or our licensee(s).

We may exercise our rights in User Content (for example: to use, publish, display, delete, etc.) without notice to you or anyone else. You also grant Tourlane the right to legally pursue any person or entity that violates any intellectual property rights in, or attributable to, your User Content.

24. Intellectual property, including trademarks and copyright

All Content provided through the Services as well as the arrangement and compilation of the Content and the infrastructure used to provide it is protected under intellectual property laws of the United States and other jurisdictions, including trademark and copyright laws. Most of such Content, its arrangement and compilation and the infrastructure used to provide it is proprietary to and owned by a Tourlane Group Company and/ or the Travel Providers and/or third parties who have provided a license to a Tourlane Group Company or a Travel Provider to use it.

When accessing and using our Services, you agree to respect the intellectual property rights of Tourlane, all Tourlane Group Companies, Travel Providers, and third parties.

To the maximum extent permitted by law, reproduction of our Services or Content, in whole or in part, is prohibited. Copying, storing or otherwise using our Services or any Content contained in or accessible through our Services other than for your personal, non-commercial purposes is only allowed with our express prior written authorization.

Absent express language to the contrary, links to third-party websites or other content and/or the use of third-party trademarks in our Services, and/or the availability of goods or services from third parties through our Services, does not constitute and should not be construed as an affiliation, endorsement or sponsorship by Tourlane of such third parties, or by such third parties of Tourlane. We do not control and are not responsible for content on websites, in emails, social media channels, or in mobile applications operated by parties other than us.

Infringement of intellectual property (copyrights, trademarks, etc.)

We respect the intellectual property rights of others and do not permit, condone or tolerate the infringement of any third party’s intellectual property rights.

If you believe that any of our Content infringes the intellectual property rights of you or a third party, please send us a written notice at the address listed below that includes the following information:

• A clear identification of the intellectual property that you claim has been infringed;

• A clear identification of the Content that you claim infringes the intellectual property (e.g., a screenshot and, ideally, a link to the infringing Content);

• Your contact information so that we can reply to you, preferably including an email address and telephone number;

• A statement that you have a

- “good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.” and that

- “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The written notice must be signed by the holder of the allegedly infringed rights, or a person authorized to act their behalf.

Please send us the notice via email to service@tourlane.com.  

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole and absolute discretion.

25. Preventing and reporting brand fraud and scam activities

It is strictly prohibited to use our brand or Content to undertake any misleading or fraudulent or otherwise criminal activity.

Here are some things no Tourlane representative will ever do:

• Request account passwords or other sensitive personal data not related to your booking.

• Request wire transfers, credit card information or other payment information through text messages, social media or over the phone.

• Request you to make a payment immediately while the “sales agent” stays on the phone.

• Request gift cards in exchange for services.

If someone purporting to be a Tourlane representative asks for any of the above, please do not comply, end the communication, and report it to us at service@tourlane.com as soon as possible.

If you are otherwise aware of an infringement of our brand or its use for any criminal activity, please also contact us at service@tourlane.com.

26. Data Privacy

Data protection and privacy is important for Tourlane. Your personal data, and the personal data of others in your travel party for who you organize travel through the Services, is collected in connection with your use of the Services (including but not limited to your registration as a user of the Services, your interactions with Tourlane, your booking, if any, etc.), and subsequently stored and processed solely for the purposes of providing you our Services and enabling the Travel Provider to provide Travel Services you booked, as well as for customer administration and customer retention. Tourlane may transfer such data to third parties who need this data for the fulfillment and processing of contracts concluded as part of Tourlane’s Services, in particular but not limited to, Travel Providers, partner agencies and travel insurance providers. The Tourlane Group Companies will not share personal data with external third parties unless there are valid legal reasons or obligations to do so. You can find out more about data privacy at Tourlane by reviewing our Privacy Policy.

27. Customer Support

We are here to help you with any queries you have in relation to our Services. Please contact us at service@tourlane.com.

28. Miscellanous Terms

For other terms and conditions applicable to all Services please see also Part D below titled “Miscellaneous Terms”.

Part B: Additional Terms for Land Packages sold by Tourlane

The additional terms of this Part B apply to the extent Tourlane acts as a seller of a Land Package (cf. also Section 2 titled “Role of Tourlane and scope of the contract between you and Tourlane”).

29. Contract and Travel Provider Rules

Tourlane is the seller of any Land Package included in your booking. Consequently, the contract for the purchase of the Land Package is concluded between you and Tourlane directly.

Because Tourlane is not providing the Travel Services itself (these will instead be provided by the Travel Providers, such as, for example, hotel, rental car, train, or bus companies), and because such Travel Providers have their own Travel Provider Terms, the contract between you and Tourlane will incorporate the Travel Provider Terms of all Travel Providers whose Travel Services are included in the Land Package.

When making a booking through Tourlane’s Services, you will be provided with the Travel Provider Terms (for example, a hotel’s booking terms or a rental car company’s rental agreement) and your booking will confirm your acceptance of such Travel Provider Terms. It is important that you familiarize yourself with the Travel Provider Terms before making a booking. The Travel Provider Terms will be incorporated into your contract with Tourlane governing the Land Package.

See existing TnCs Teil A Abschnitt II: Regelungen bei der Vermittlung von verbundenen Reiseleistungen gem. § 651w BGB UND Teil B: Reisebedingungen für Pauschalreisen der Sensation Travel GmbH / Tourlane

30. Pricing and payment for Land Packages

Because Tourlane acts as the seller of the Land Package, Users that make a booking pay Tourlane directly for the Land Package and Tourlane subsequently remits the funds received, minus Tourlane’s margin, to intermediaries (such as, for example, destination management companies, agencies or bed banks) or directly to the Travel Providers (such as, for example, hotel, train, cruise, or rental car companies) who provide the individual Travel Services that constitute components of the Land Package.

For bookings with departure date more than 30 days after the booking confirmation date, (i) 25% of the full price for the Land Package will be due 7 days after the invoice for the Land Package is issued and sent to the User, and (ii) the remaining 75% of the full price for the Land Package will be due 30 days before the departure date.

For bookings with departure date less than 30 days after the booking confirmation, 100% of the full price for the Land Package will be due immediately after the invoice for the Land Package is issued and sent to the User.

Tourlane may be able to offer savings on Travel Services because they are bundled together in a Land Package. We are not, therefore, able to itemize for you the cost of each component that makes up a Land Package. The total price for a Travel Package may include compensation for Tourlane for its packaging and facilitation services.

31. Tourlane’s right to cancel trip if minimum number of participants not met

Tourlane may withdraw from a contract governing a Land Package (or modify the relevant Travel Service included in the Land Package) if a required minimum number of travelers is not reached, provided that (i) Tourlane has informed the User before booking that a minimum number of travelers exists for such Land Package (or part thereof) and (ii) Tourlane promptly informs the User of the cancellation as soon as it becomes clear that the minimum number of travelers will no be reached.

In the case of a cancellation of the complete Land Package, Tourlane will refund the full purchase price for the Land Package. In the case of a partial cancellation of specific elements of a Land Package, Tourlane will refund a portion of the purchase price that corresponds to the value of the cancelled element relative to the value of the complete Land Package.

32. Booking changes and cancellations for Land Packages: TourlaneCare Basic and TourlaneCare Flex

• Up to 45 days before departure: cancellation fee of 20 % of the full booking price;

• 44 to 30 days before departure: cancellation fee of 30 % of the full booking price;

• 29 to 20 days before departure: cancellation fee of 45% of the full booking price;

• 19 to 14 days before the start of the trip: cancellation fee of 75% of the full booking price;

• 13 to 7 days before the start of the trip: cancellation fee of 85% of the full booking price;

• 06 days to no-show: cancellation fee of 90 % of the full booking price.

Receipt by Tourlane is decisive for the timeliness of any booking change or cancellation request. We recommend that you make any such request in writing via email during normal business hours to .

• 30 to 20 days before departure: cancellation fee of 45% of the full booking price;

• 19 to 14 days before departure: cancellation fee of 75% of the full booking price;

• 13 to 7 days before the start of the trip: cancellation fee of 85% of the full booking price;

• 06 days to no-show: cancellation fee of 90 % of the full booking price.

Receipt by Tourlane is decisive for the timeliness of any booking change or cancellation request. We recommend that you make any such request in writing via email during normal business hours to .

Part C: Additional Terms for Tourlane’s assistance in your purchase of Flight Services

The additional terms of this Part C apply to the extent Tourlane acts as an agent for a Flight Seller (cf. also Section 2 titled “Role of Tourlane and scope of the contract between you and Tourlane”).

33. Contract for Flight Services and Tourlane’s role; applicable terms

With regard to Flight Services, Tourlane acts solely as a sub-agent in facilitating the sale of Flight Services (including but not limited to airline tickets) to travelers. All flight bookings and ticket issuances are fulfilled by an accredited flight consolidator (broker) as Flight Seller, who holds the necessary accreditations (ARC, IATA and/or other accreditations) required for the sale and issuance of airline tickets. Tourlane does not itself hold any such accreditation and does not issue tickets directly. By booking through our Services, you acknowledge and agree that the flight consolidator is the principal in respect of the ticket sale, and all relevant regulatory accreditations are held by the flight consolidator, not Tourlane.

Consequently, the contract regarding the Flight Services is concluded directly between you and the Flight Seller. Tourlane as the agent facilitating your entry into the contract between you and the Flight Seller is not a party to such contract and has no liability under or in connection with such contract.

Tourlane’s role as agent is limited facilitating your entry into the contract with the Flight Seller, including by providing you information about the Flight Services, receiving your booking request, confirming your booking request with the Flight Seller and you, forwarding you all relevant Booking information, receiving your payment for the Flight Services on behalf and as agent of the Flight Seller and remitting your payment, minus Tourlane’s service fee, to the Flight Seller.

The provision of the Flight Services is the sole responsibility of the Flight Seller and the relevant Travel Providers (airlines and providers of flight-ancillary services), not of Tourlane. Tourlane declines any and all responsibility for Flight Services.

In addition to your contract with the Flight Seller, which will be subject to the Flight Seller’s terms and conditions, the Flight Services may also be subject to the terms and conditions of the Travel Providers providing the Flight Services (for example, an airline’s conditions of carriage or an airport lounge’s terms of use). When making a booking through our Services, you will be provided with all applicable Travel Provider Terms and your booking will confirm your acceptance of such Travel Provider Terms. It is important that you familiarize yourself with the Travel Provider Terms before making a booking.

If you violate any Travel Provider Terms, this may adversely affect the Travel Services (for example, your booking may be cancelled, or you may be denied access to the Travel Services without the right to a refund).

Therefore, if you have any questions about the terms applicable to your booking, it is important that you ask our customer service team for clarification before making the booking.

34. Pricing and payment for Flight Services

Before booking Flight Services, you will always be shown the total price for the Flight Services, including all governmental, airline, agency and service fees, surcharges, costs and commissions.

The price and availability of a specific Flight Service is only guaranteed once your purchase of the Flight Service is fully completed and your tickets are issued.

Tourlane applies a service fee on top of the Flight Seller’s price for the Flight Services. This service fee will be included in the total price for the Flight Services shown to you before you make your booking. To the greatest extent permitted by applicable law, Tourlane’s service fee remains unaffected by service disruptions or changes, in particular changes of traveler names, rebookings, cancellations, annulations of flights or terminations of you contract with the Flight Seller or the Travel Provider (airline, etc.).

While you pay Tourlane directly both for your Land Package and your Flight Services, you will receive two separate invoices, reflecting the fact that Tourlane receives the payment for the Land Package as seller, and the payment for the Flight Services only as agent for and on behalf of the Flight Seller.

For bookings made more than 30 days before the departure date, the payment for Flight Services is due five days after the invoice for the Flight Services is issued, unless otherwise stated on the invoice. For bookings made less than 30 days before departure date, the payment for Flight Services is due immediately after the invoice for the Flight Services issued.

Tourlane will remit the funds you paid for the Flight Services (minus Tourlane’s service fee) to the Flight Seller upon confirmation from the Flight Seller of your flight reservation.

35. Travel Provider Rules

The Flight Services you book through Tourlane’s Services will be governed by the terms and conditions of the Flight Seller and the Travel Provider Terms (such as, for example, the airline’s terms of carriage or airport lounge’s terms of use). You will be provided with these terms before making a booking and your booking will confirm your acceptance of such terms. It is important that you familiarize yourself with all of these terms before making a booking.

36. Baggage loss or damage

For air travel, you must report baggage loss, damage, or delay immediately upon discovery to the airline’s baggage service desk and obtain a Passenger Irregularity Report (“P.I.R.”) before leaving the airport. Written notice to the airline must, in any event, be filed within the deadlines specified by the Montreal Convention or applicable U.S. Department of Transportation regulations. Failure to comply with these notice requirements may bar or reduce your claim. Tourlane is not liable for any costs, expenses, charges, damages or losses arising from lost or damages baggage.

37. Booking changes and cancellations for Flight Services

Flight Services have distinct cancellation terms and conditions from our Land Packages because they are governed by the terms of the Flight Seller and the Travel Provider Terms. You will be provided with these terms before making a booking and your booking will confirm your acceptance of such terms. It is important that you familiarize yourself with all of these terms before making a booking.

38. Airline rules

When making a Flight Service booking, you understand and agree that:

• Ultimately, it is the airline that controls the flight and its schedule, and it may change or cancel your flight for a variety of reasons (for example, mechanical problems, adverse weather conditions, public safety considerations, etc.). Whenever an airline gives us information about a change or cancellation to your itinerary, we will pass it on to you and help you assess your options. You should always check the scheduled departure time of your flight before your departure. Please consult Section 39 for your passenger rights in case of complications.

• Airlines control seating and we do not guarantee the availability of specific seats, even when pre-booked.

• If you book a roundtrip flight and do not use the outward flight, the airline may cancel the return flight without refund.

• For special or charter flights, the airline, the flight schedule, the aircraft type, the itinerary and possible stops are given as an indication only. These specifics may be subject to change even after confirmation; please check all relevant terms before making a booking.

• Some airlines impose extra charges for meals, luggage and preferred seat selection, etc. Unless we provide such optional services for booking through our Services then any reference about these extra optional services and related charges shown through our Service is for information only and may be updated by airlines at any time. Where we provide the option for you to book such extras through our Services, then the price of such optional extras will be displayed to you and after selection by you, added to your total price for the Flight Services.

• You must follow the relevant airline rules on the carriage of children. Children older than 2 on the return date must have a return ticket at a child fare for both the outbound and inbound flights. You will not be eligible for a refund of any seat charges incurred during travel if you do not comply. Children aged under 2 will not be allocated their own seat unless a child fare is booked for them. Unaccompanied children under 14 will only be allowed to fly in line with the relevant airline rules.

• The carriage of hazardous materials or dangerous objects aboard aircraft in your luggage or on you is generally forbidden. We strongly encourage you to familiarize yourself with all applicable safety information and protocols applicable both to the airlines you plan to use and the airports you plan to use (including when only transiting through).

39. Notice of air passenger rights under U.S. federal law

As a traveler booking Flight Services through Tourlane as travel agent, you are entitled to important protections under United States federal law and international law (in particular The Montreal Convention 1999). Below, we include a summary of your most important rights as of the date of these Terms. Because regulation changes, Tourlane does not assume any liability for the comprehensiveness, currency and accuracy of the below summary – please consult the U.S. Department of Transportation’s Fly Rights website at https://www.transportation.gov/airconsumer/fly-rights for up to date and comprehensive information.

The rights summarized below apply to all flights departing from U.S. airports, including international flights, regardless of whether you purchased your ticket directly from the airline or through a travel agency. Each airline may have additional policies – please review your carrier’s contract of carriage for specific terms.

• Flight cancellations or significant changes: If your flight is canceled or significantly changed by the airline, or if you are denied boarding without appropriate justification under the law, you are entitled to a prompt, automatic refund of the full ticket price and any government or airline-imposed fees, unless you accept alternative transportation. Refunds must be issued in the original form of payment within seven business days for credit card purchases and within 20 calendar days for other forms of payment.

• Flight delays: For domestic flights, if your flight is delayed by three hours or more, you are entitled to a refund if you choose not to travel. For international flights departing the U.S., if your flight is delayed by six hours or more, you are entitled to a refund if you choose not to travel

• Lost, delayed, or damaged baggage: If your checked baggage is lost, damaged, or delayed, you may be entitled to compensation and/or a refund of any fees paid for checked baggage (in the case of a delay, depending on the length of the delay).

• Unavailability of Paid Ancillary Services: If you paid for ancillary services (such as seat selection, Wi-Fi, or in-flight entertainment) that are not provided, you are entitled to a refund for those services

• Automatic Refunds: Refunds for the above scenarios are meant to be automatic without the need for you to submit a request. Nevertheless, many air carriers will wait for a refund request so we recommend that you submit a written refund request directly to your air carrier or to Tourlane at service@tourlane.com (please note that the terms of Section 4 apply and Tourlane does not assume any legal liability borne by the Flight Seller and the airline). Airlines and ticket brokers such as the flight consolidator Tourlane works with (Conso) are required to process refunds within the timeframes stated above.

• Additional Assistance: In the event of long delays, airlines may also offer assistance such as meals, hotel accommodation, and transportation, particularly for delays caused by airline-controlled factors

For more information about your rights as an air traveler, please visit the U.S. Department of Transportation’s Fly Rights website at https://www.transportation.gov/airconsumer/fly-rights

Part D: Rules for customers from specific states

40. Rules for customers who are residents of New York State

Users who are residents of New York State benefit from the legal rights and protections of the New York Truth in Travel Act. They have, amongst others, the right to receive, within five business days of the booking confirmation, a written disclosure that clearly and conspicuously sets out the following information:

• Tourlane’s name, business address and telephone number;

• the amount due, the date of payment, the purpose of the payment and an itemized statement of the balance due, if any;

• the name of the carrier with which the travel promoter has contracted to provide the transportation, the type and size of carrier to be used, and the date, time and place of each departure;

• a detailed description of any other services provided in conjunction with the transportation;

• conditions, if any, upon which the travel services contract between Tourlane and the traveler may be cancelled, and the rights and obligations of all parties in the event of such cancellation;

• the conditions, if any, upon which the travel services contract between Tourlane and the carrier or other service provider may be cancelled, and the rights and obligations of all parties in the event of such cancellation;

• a description of all contingencies, limitations and/or conditions of the agreement; and

• information, in capital letters and not less than ten point bold font, about their right to cancel the transaction without any penalty or obligation within three business days from the receipt of the written disclosure and instructions on how to exercise such right.

Consequently, New York residents have the right to cancel their booking without any penalty or obligation within three business days from the receipt of the above written information. The right to cancel the booking can be exercised by sending or delivering a signed and dated copy of the below cancellation notice or any other written notice by email to service@tourlane.com or by mail or other delivery method to Tourlane’s contact address stated in these Terms.

41. Rules for customers who are residents of Massachusetts

Tourlane will remit the funds you paid for any Flight Services (minus Tourlane’s service fee) to the Flight Seller upon confirmation from the Flight Seller of your flight reservation. Tourlane will provide written confirmation to you after remitting payment to the Flight Seller.

Part E. Miscellaneous Terms

42. Governing law and jurisdiction

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.

43. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS AGAINST OR INVOLVING TOURLANE OR ANY OF THE TOURLANE PARTIES BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL. 

Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this Section 43 on dispute resolution and arbitration applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification, prohibition on class actions or representative proceedings, and waiver of jury trial provided below still apply to the extent enforceable by law.

We are committed to customer satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes:

• investigation and negotiation of your claim with our customer support team; and, if necessary,

• binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal.

Both you and each of the Tourlane Parties retain the right to seek relief in small claims court as an alternative to arbitration.

• your full name,

• your postal address,

• all email addresses you used to contact Tourlane or the relevant Tourlane Party,

• a description of the nature of your complaint, and

• the resolution that you are seeking.

If we are not able to resolve your complaint within 60 days of receipt of your email, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all pre-arbitration dispute resolution and notification requirements stated in this subsection have been met. The statute of limitations shall be tolled while you and the relevant Tourlane Party engage in the dispute resolution process required by this subsection.

44. Failure to invoke

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

45. Unenforceable provisions

If any provision (or any part of any provision) of these Terms is found by an arbitrator, court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of the agreement with you. In such a case, the validity and enforceability of the other provisions shall not be affected.

46. Entire agreement

These Terms constitute the entire agreement between you and us with respect to our Services. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Services.

47. Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms. However, we will not do so in such a way as to reduce any rights or guarantees you have under these Terms.

48. No agency relationship

Neither Tourlane nor any Tourlane Parties agree to act as your agent or fiduciary in providing the Services to you.

49. Third-party rights

Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party’s consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

50. Survival of obligations

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.