Agreement between the customer and My Backpacking Advisor

Welcome to the My Backpacking Advisor website or mobile properties, including related applications (collectively, this "Website"). This Website is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions, and notices.

Personal and noncommercial use limitation

This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to My Backpacking Advisor or its Suppliers (as defined below) and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:
(i) access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of My Backpacking Advisor; (ii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website; (iii) take any action that imposes, or may impose, in the discretion of My Backpacking Advisor, an unreasonable or disproportionately large load on the My Backpacking Advisor; or (iv) deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of My Backpacking Advisor.

Acts or omissions by suppliers

My Backpacking Advisor act as sales agents for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary ("Suppliers") and are not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.
My Backpacking Advisor assume no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; (3) any wrongful or negligent acts or omissions on the part of any other party not under their control; and (4) any Supplier price drop after your travel arrangements have been confirmed, paid in full, or ticketed. You hereby release My Backpacking Advisor from all claims arising out of any problem covered in this paragraph.

Supplier financials and safety

My Backpacking Advisor have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release My Backpacking Advisor from all claims arising out of any problem covered in this paragraph.
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by My Backpacking Advisor is a binding assurance or promise about the insurance We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.

Right and trade-mark notices

All contents of this website are: © 2020 My Backpacking Advisor All rights reserved.

Liability disclaimer

The information, software, products, and services published on this website may include inaccuracies or typographical errors. In particular, My Backpacking Advisor do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of tours, vacation packages, hotel, air, car and other travel products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Ratings displayed on this website are intended as only general guidelines, and My Backpacking Advisor do not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. My Backpacking Advisor and / or their respective suppliers may make improvements and / or changes on this website at any time.
My Backpacking Advisor and / or their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by My Backpacking Advisor. All such information, software, products, and services are provided "As is" without warranty of any kind. My Backpacking Advisor, and / or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non infringement. The carriers, hotels, cruises, tour operators, and other suppliers providing travel or other services for My Backpacking Advisor are independent entities and not agents or employees of My Backpacking Advisor or the agencies in the My Backpacking Advisor network. Agencies in the My Backpacking Advisor network are independent entities and not agents or employees of My Backpacking Advisor. My Backpacking Advisor and the agencies in the My Backpacking Advisor network are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. My Backpacking Advisor have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall My Backpacking Advisor and / or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this website, or for any information, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability, or otherwise, even if My Backpacking Advisor, and / or their respective suppliers have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You agree to defend and indemnify My Backpacking Advisor, parent, affiliates and subsidiary companies and / or their respective suppliers and any of their officers, directors, shareholders, employees, representatives, independent contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of these website Terms, Conditions, and Notices or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this website.

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Reviews, submissions, comments and use of other interactive areas

We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant My Backpacking Advisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that My Backpacking Advisor may choose to provide attribution of your comments or reviews at our discretion. You further grant My Backpacking Advisor the right to pursue at law any person or entity that violates your or My Backpacking Advisor’s rights in the Submissions by a breach of this agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary and further that My Backpacking Advisor is free to use any ideas, concepts, know-how, or techniques contained in any Submissions for any purpose whatsoever, including, but not limited to, developing, selling, and marketing products and/or services. This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If My Backpacking Advisor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including My Backpacking Advisor;

• Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

• Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

• Viruses, corrupted data or other harmful, disruptive or destructive files;

• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

• Content or links to content that, in the sole judgment of My Backpacking Advisor, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose My Backpacking Advisor or its users to any harm or liability of any type.

My Backpacking Advisor takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is My Backpacking Advisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, My Backpacking Advisor is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although My Backpacking Advisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, My Backpacking Advisor reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by My Backpacking Advisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release My Backpacking Advisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against My Backpacking Advisor by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

Links to third-party sites

This website may contain hyperlinks to websites operated by parties other than My Backpacking Advisor. Such hyperlinks are provided for your reference only. My Backpacking Advisor does not control such websites and is not responsible for their contents or your use of them. My Backpacking Advisor's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software available on this website

Any software that is made available to download from this Website ("Software") is the copyrighted work of My Backpacking Advisor, and / or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, My Backpacking Advisor hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned or licensed by My Backpacking Advisor and / or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warrantied, if at all, only according to the terms of the license agreement.
You acknowledge that the Software and any accompanying documentation and / or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Terms, conditions and warranties

What are My Backpacking Advisor’s policies concerning refunds and changes?
Your payments are made in one part: The balance.

• THE BALANCE, UPON RECEIPT, IS REFUNDABLE.

• The balance is due at the time of purchase. The balance payment is refundable based upon the following schedule:

  • BEFORE YOU RETURN HOME FROM YOUR TRIP: Balance payment is 100% refundable.

Be sure to inquire with your travel insurance company about which reasons for cancellation are covered under your policy’s cancellation provisions.

Travel destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. My Backpacking Advisor urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
By offering for sale travel to particular international destinations, My Backpacking Advisor does not represent or warrant that travel to such points is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations.

Modification of these terms and conditions

My Backpacking Advisor reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of My Backpacking Advisor's website and facilities.

General

This agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Delaware, USA without regard to principles of conflicts of laws. Any civil action or legal proceeding arising out of or relating to this website or dealings with My Backpacking Advisor shall be brought in the courts of record of the State of Delaware. Each party consents to the jurisdiction of such Delaware court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such Delaware court. Service of any court paper may be effected on such party by mail, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and My Backpacking Advisor as a result of this agreement or use of this website.
My Backpacking Advisor's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of My Backpacking Advisor’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by My Backpacking Advisor with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and My Backpacking Advisor with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and My Backpacking Advisor with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and / or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website and the use of Independent Agencies (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this website may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your purchase, in your being denied access to any cruises, escorted tours, vacation packages, flights, hotels, or automobiles, in your forfeiting any monies paid for such purchase. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

Currency converter

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but My Backpacking Advisor and / or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, My Backpacking Advisor advises the customer to consult a qualified professional to verify the accuracy of the currency rates. My Backpacking Advisor do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.