Terms & Conditions
By accessing, using, or obtaining any content, data, materials, information, products, or services from Tripbyrails, Inc.’s websites and associated mobile apps (“Tripbyrails Service"), you agree to be legally bound by these terms and conditions (“Terms”). If you do not agree to all of these terms, please refrain from using the Tripbyrails service. All uses that do not comply with the terms are prohibited.
The Tripbyrails Services provide you with tools and resources to search for and plan travel services, including online travel search tools now known or hereafter developed, as well as any software and systems developed or deployed in association with the online travel search.
The Tripbyrails Service is an online travel search. Tripbyrails does not provide, own, or control any of the travel services or products that are presented and are accessible through the Tripbyrails Service, such as bus travel, train travel, flights, rental cars, hotels, and the like (“Travel Offerings”). The travel offerings are controlled, owned, and provided by third parties (“travel providers"), either directly by the service provider or through an agent such as an online travel agency. The travel providers are solely responsible for the travel offerings, and the travel provider’s terms and privacy policies cover your reservations. You must agree to the travel provider’s terms as well as the terms of the service provider's actual travel services. Interacting with travel providers’s access through Tripbyrails is done at your own risk, and Tripbyrails has no responsibility if anything goes wrong with your reservation during or after travel. The listing of a travel offering or travel provider on Tripbyrails Services is neither implied nor explicit as a recommendation, sponsorship, control, or affiliation with the travel providers or the travel offerings.
Tripbyrails provides data, including pricing, locations, and schedules, which are obtained from travel providers. Tripbyrails does not warrant and is not responsible for the accuracy, timeliness, or completeness of the provided data. Tripbyrails does not service the travel offerings nor control the travel providers, and Tripbyrails does not verify the data provided to us by the travel providers. Tripbyrails does not guarantee the prices and availability listed on Tripbyrails Services. Prices and availability vary continuously, and additional fees, charges, and/or taxes may be applicable. Some listings on Tripbyrails may be sold in another currency than the listed currency that was your default display currency or the currency that you had selected to view listings in. The currency conversions shown on Tripbyrails are for informational purposes only; actual conversion rates may vary, and your payment provider may apply other currency conversion rates and/or charge fees for payments made in other currencies.
Tripbyrails may charge a service fee for transactions conducted on our platform for the service provided under these Terms and Conditions. This service fee helps us cover the costs of our platform and allows us to invest in future improvements to better serve you. The service fee may vary and will be displayed at the reservation step. The Tripbyrails service fee is nonrefundable as it is charged for the use of our services, which is fulfilled at the time the reservation is confirmed.
A reservation of a travel offering made through the Tripbyrails Service is a reservation that is made directly with the travel provider listed on the reservation step of the Tripbyrails Service. The Tripbyrails Service only facilitates the reservation by offering a user interface to make the reservation with the travel provider. Tripbyrails is in no way responsible for the reservation or the reserved travel offering, as Tripbyrails is not involved in or has control over the data and information regarding the travel offering, including the description, pricing, fees, availability, terms of use, or the actual provision of the travel offering you may have reserved. If any issues or disputes in relation to your reservation may occur, you agree to direct and resolve the issues or disputes directly with the travel provider and not with Tripbyrails. In some instances, Tripbyrails may collect payment for the reservation on behalf of the travel provider. Nonetheless, your reservation is at all times directly with the travel provider, and all reservations are subject to the travel provider's terms and conditions. Reservations and tickets are non-transferable by Tripbyrails, and refunds shall only be processed by Tripbyrails on behalf of the travel provider and under direct, written authorization from the travel provider in accordance with their refund policies, specifically their refund policies for reservations made with Tripbyrails.
You agree to use the Tripbyrails Services for your personal, non-commercial use. You may not use the Tripbyrails Service for any false, fraudulent reservations or reservations for commercial gain. You agree not to use the Tripbyrails Service for any purpose that is unlawful, illegal, or forbidden under U.S. laws, by these Terms, or by any local laws that may apply in your location.
Without prior written authorization from Tripbyrails, you may not: i) access the Tripbyrails Service or the IP with any manual or automated process for any purpose other than your personal use; use of any automated system or software to extract data from the Tripbyrails Services (screen scraping) for commercial or non-commercial purposes is strictly prohibited. ii) bypass or attempt to circumvent any restrictions or controls to prevent or restrict access to the Tripbyrails Service; iii) deep-link to any portion of our website; iv) incorporate any part of the Tripbyrails Service and/or IP into any other website or application, whether visible or not; v) use any software, hardware, or combination that interferes, slows down, places a significant load on our systems, or disables the Tripbyrails Service; vi) reproduce, duplicate, copy, sell, trade, resell, or exploit the Tripbyrails Service; vii) use any service of the Tripbyrails Service for any purpose that is unlawful, harmful, or in any way objectionable or inappropriate as determined by Tripbyrails; viii) post or distribute any content on the Tripbyrails Service that violates the rights of any third party or applicable law; ix) use Our Website to collect or store personal information about others; x) use the Tripbyrails Service for any commercial purpose unless you’ve received express written permission from Tripbyrails; xi) transmit any ad or promotional content on the Tripbyrails Service; or
Tripbyrails may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate, or restrict your access to all or any section of the Tripbyrails Service.Any use of the Tripbyrails Service by travel agents, resellers, or travel searches for any purpose other than selecting and completing a reservation through the use of the Tripbyrails Service is strictly prohibited.
Intellectual Property
We, our affiliates, providers, vendors (third parties), and other licensors own the Tripbyrails Service, along with all of the text, images, software, service marks, trademarks, and other contents of the Tripbyrails Service (IP). You agree not to copy, transmit, or create derivatives of any of the IP, except for personal, non-commercial use on your computer or mobile device. Tripbyrails, the Tripbyrails logo, Tripbyrails.com, Tripbyrails SEARCH, and the Tripbyrails icon logo are trademarks or registered trademarks of Tripbyrails Inc. Other content, products, services, or commercial marks displayed throughout the Tripbyrails Service are the property of our affiliated third parties and other licensors. By accessing the Tripbyrails Service, you are not granted any license or right to use any of the marks or content contained in the Tripbyrails Service.
Privacy Policy
The use of the Tripbyrails Service is subject to our privacy policy. Through your use of the Tripbyrails Service, you consent to the use of your information as set forth in our Privacy Policy.
Disclaimer of Warranties
You understand and agree that the Tripbyrails Service is provided "AS-IS, and we expressly disclaim all warranties of quality, completeness, accuracy, availability, security, or performance. We do not guarantee the information we display, including but not limited to the schedules, times, durations, prices, availability, quality, travel provider information, or any information provided by customer service.
Limitation of Liabilities
Tripbyrails, Inc and our officers, directors, employees, representatives, and Third Parties to the extent permitted by law hereby expressly exclude any responsibility and liability for any damages to your property from accessing the Tripbyrails Service or transmitting any content of the Tripbyrails Service, or any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages (including without limitation lost profits or lost savings), of any kind whether based in contract, tort, strict liability or otherwise, that are in any way associated with the use of the Tripbyrails Service, any failure, inaccessibility or interruption or the performance or nonperformance by Tripbyrails or any Travel Provider, vendor or affiliate, even if Tripbyrails has been advised of the possibility of damages to such parties or any other party. The limitations may not apply or apply partially to you, as some states or countries do not allow the limitation of liability.
Subject to these Terms, you agree to defend, indemnify, and hold Tripbyrails, the Third Parties, and each of our officers, directors, employees, and agents harmless from and against any claim, cause of action, liability, expense, loss, or demand, including without limitation reasonable legal or accounting fees, arising out of or connected in any way to your use of the Tripbyrails Service, access to the IP, your breach of these Terms, or the agreements incorporated in these Terms by reference.
Third-party content and services
The Tripbyrails Service offers links and content offered by third parties; it does not suggest or constitute sponsorship or recommendation of the third parties or their services. Tripbyrails is not responsible and has no control over the accuracy, quality, or comprehensiveness of the content provided by third parties. Tripbyrails is not responsible for your dealings with third parties, and you shall do so at your own risk. You shall hold Tripbyrails harmless of any liability arising from acts, omissions, errors, representations, warranties, breaches, or negligence of the Third Parties or for any personal injuries, death, property, or other damages and/or expenses associated with your dealings with the Third Parties.
The Tripbyrails Service may contain links to third-party websites and other content. We do not have control over the destinations of these links; we do not endorse their contents and are not responsible for their actions or quality. Each website shall be governed by its own terms and conditions of service, privacy policies, and other rules or restrictions.
The Tripbyrails Service offers routed, multi-legged, or travel itineraries otherwise served in combination by two or more travel providers and will require the reservation of two or more tickets. Each of the reserved tickets will be governed by the reservation terms and conditions imposed by the associated third party. Because prices and availability can change rapidly, please ensure that all tickets are available before you proceed with your reservation. Please make sure to complete the reservation of all tickets in your itinerary. Changes or cancellations of any one ticket will not affect the other tickets. Some Tripbyrails services may integrate Google services, and by using Tripbyrails, you agree to be bound by Google's Terms of Service.