Tourlane US – Terms of Service

Last updated: May 14, 2025

Dear visitor,

Thank you for taking the time to carefully read our Terms of Service (the “Terms”). These Terms govern your use of our website and our other Services (as defined below). 

When you visit our website and use 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 and leave our website.

As we build out our service offering, we will update and change these Terms. We will always post the most up-to-date Terms to 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 to these Terms come into effect by being posted to our website will constitute your acceptance of the updated Terms. We recommend that you save or print a copy of these Terms.

SECTION 15 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.

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

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

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

4. all information provided by you to any Tourlane Party is true, accurate, complete and current and you will keep such information up to date;

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

6. 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;

7. 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;

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

9. deep-link to any portion of our Services for any purpose;

10. 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;

11. you will only transact with us or any Tourlane Party on behalf of others if you (i) have the required authority to do so (ii) inform them about the terms that apply to the transaction 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 entered into the transaction, including obligations to pay any amounts due pursuant to the transaction entered into and for all other obligations, (iv) remain responsible for all communications relating to the transaction, and (v) agree to indemnify and hold Tourlane and the Tourlane Group Companies 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 entered into the transaction’s failure to fulfill any of your or their obligations;

12. 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;

13. 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

14. 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.

• erroneous, inaccurate, outdated or incomplete information provided by any Travel Provider to us and from us to you, or directly from the Travel Provider to you;

• any breach of any representation or warranty made by any Travel Provider;

• any damage caused to you or any other person by any 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 Travel Provider;

• a Travel Provider’s failure to comply with applicable federal, state, provincial or local law;

• any other wrongdoing of a Travel Provider (including one that would otherwise result in any liability in tort).

The Travel Providers are independent third parties and not agents or employees of Tourlane or any Tourlane Party.

Because the information about Travel Services provided through our Services comes from 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 PARTY 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 PARTY SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES THAT WERE:

• REASONABLY FORESEEABLE BY BOTH YOU AND THE TOURLANE PARTY;

• ACTUALLY SUFFERED OR INCURRED BY YOU; AND

• DIRECTLY ATTRIBUTABLE TO THE ACTIONS OF THE TOURLANE PARTY;

AND SUCH LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE GREATER OF (I) ANY PRICE PAID BY YOU FOR ANY TRANSACTION WITH US OR THE TOURLANE PARTY 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 Parties.

• 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; and/or

• any 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 Parties 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.

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. 

• 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.

a. Agreement to arbitrate (“Arbitration Agreement”)

You and Tourlane mutually agree that any disputes between you and us or any Tourlane Party arising out of or relating in any way to our Services, these Terms, our Privacy Policy, any services or products provided by us or any of the Tourlane Parties, any dealings with our customer support agents, or any representations made by us or any Tourlane Party (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us or any Tourlane Party (all Tourlane Parties are beneficiaries of this Arbitration Agreement). 

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of our Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms, those claims shall also be subject to this Arbitration Agreement. 

The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

b. Small claims court matters

Notwithstanding the foregoing arbitration provisions, either you or any Tourlane Party may bring, or remove, any claim in small claims court if the Claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any Claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the Claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or we may elect to have the Claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.

c. No class actions or representative proceedings

You and we (including for the benefit of the Tourlane Parties and each one of them) agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. 

d. No jury trial

BY USING OUR SERVICES, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

e. Arbitration rules and governing law

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of New York, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.

f. Mandatory pre-arbitration dispute resolution and notification

Prior to initiating arbitration, you agree to give us (and/or any other Tourlane Party against which you make a Claim) the opportunity to resolve your Claim(s) by notifying us (and/or the other Tourlane Party) of the Claim in writing and attempting in good faith to negotiate an amicable resolution.

You must send a notice of your claim via email to service@tourlane.com. Your email must contain the following information: 

• 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.

g. Commencing arbitration

To initiate arbitration, you must file a demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org.

A party initiating an arbitration against us or any other Tourlane Party must send the Demand for Arbitration to service@tourlane.com concurrent with filing the Demand with AAA.

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us or the relevant Tourlane Party against which you make a Claim. The Arbitration shall be held via videoconference or at such location as may be mutually agreed upon by you and us (or the relevant Tourlane Party against which you make a Claim).

h. Attorneys’ fees and costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

i. Arbitrator’s decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

j. Severability and survival

If any portion of this section 15 titled Dispute Resolution and Arbitration is found to be unenforceable or unlawful for any reason, (i) such portion will be severed and the remainder of the Provision will be given full force and effect; and (ii) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.