Terms of Use — Xcelerate Travel

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY.

THESE TERMS CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND, FOR USERS IN THE UNITED STATES, AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

THE ARBITRATION PROVISIONS INCLUDE A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

1. ACCEPTANCE OF THESE TERMS

These Terms of Use ("Terms") are entered into between you and Xcelerate Travel LLC ("Xcelerate Travel," "Xcelerate," "Company," "we," "us," or "our").

These Terms govern your access to and use of websites, applications, booking platforms, membership platforms, travel advisor platforms, dashboards, lead capture pages, referral systems, artificial intelligence features, communications, social media interactions, mobile experiences, and other products or services operated by or on behalf of Xcelerate that reference these Terms.

These services may include services offered under names or brands such as:

Xcelerate Travel
Xcelerate International
Trax
ClickBookSave
Xcelerate membership programs
Xcelerate travel booking services
Travel Advisor services
Advisor and member dashboards
Travel search and booking engines
Lead generation and marketing pages
Other related Xcelerate brands, websites, technologies, and services

Collectively, these are the "Services." By accessing or using the Services, creating an account, purchasing a membership, requesting travel services, submitting information, clicking to accept these Terms, or otherwise using a Service that references these Terms, you agree to be legally bound by:

These Terms
Our Privacy Policy
Any terms presented to you when purchasing a membership or service
Applicable booking terms
Applicable supplier terms
Any other agreement that expressly applies to a particular product, service, program, or relationship

If you do not agree to these Terms, do not access or use the Services.

2. ADDITIONAL AGREEMENTS

Certain Xcelerate products and relationships are subject to separate agreements.

These may include:

Travel Advisor Agreements
Independent Contractor Agreements
Compensation or Commission Agreements
Affiliate or Referral Program Terms
Membership Terms
Travel Booking Terms
Supplier Terms
Promotional Terms
Contest or Sweepstakes Rules
Payment Authorization Agreements
Other program-specific agreements

Travel Advisors may be required to execute a separate Travel Advisor Agreement before accessing certain host-agency services, supplier credentials, commission programs, training, technology, or booking capabilities.

If an additional agreement conflicts with these Terms, the more specific agreement generally controls with respect to the subject matter covered by that agreement.

3. ELIGIBILITY

You must be at least 18 years old and legally capable of entering into a binding contract to create an Xcelerate account, purchase a membership, participate in an Xcelerate business or referral program, or become an Xcelerate Travel Advisor.1.

By using the Services, you represent that:

You are at least 18 years old
You have legal capacity to enter into these Terms
The information you provide is accurate and complete
Your use of the Services does not violate applicable law
If you are acting for another person or organization, you are authorized to do so

Minor children may be included as travelers in reservations made by an authorized adult, but minors may not independently create accounts or purchase Xcelerate memberships.

The Xcelerate Travel Advisor program is currently intended for eligible adults located in the United States.

Certain membership and consumer travel Services may be available internationally, subject to local laws, supplier restrictions, payment availability, and Xcelerate eligibility requirements.

4. CHANGES TO THESE TERMS

We may modify these Terms from time to time.

When we do, we will update the "Last Updated" date at the top of these Terms.

Changes become effective when posted unless a later effective date is stated.

Where required by law or where a change materially affects your rights, we may provide additional notice.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

5. CHANGES TO THE SERVICES

Xcelerate is continuously developing its products, technology, travel relationships, artificial intelligence capabilities, supplier connections, membership benefits, and business operations.

We may add, modify, replace, suspend, restrict, or discontinue any portion of the Services.

This may include changes to:

Features
Benefits
Suppliers
Travel inventory
Membership offerings
Booking capabilities
Artificial intelligence tools
Advisor tools
Training
Rewards
Referral programs
Commission structures where permitted by applicable agreements
Website functionality
Software
Third-party integrations
Other services

We do not guarantee that any particular feature, supplier, integration, travel product, benefit, discount, or technology will remain available indefinitely.

6. ACCOUNT REGISTRATION AND SECURITY

Certain Services require an account.

You agree to provide accurate, current, and complete information and to update information when necessary.

You are responsible for maintaining the confidentiality of:

Usernames
Passwords
Authentication codes
Account recovery information
API credentials
Supplier credentials
Other security information associated with your account

You may not share account credentials with unauthorized persons.

You are responsible for activity occurring through your account to the extent permitted by law.

You must promptly notify Xcelerate if you become aware of:

Unauthorized account access
Credential theft
Suspicious account activity
Unauthorized bookings
Unauthorized changes
A security compromise
Other misuse of your account

We may require multi-factor authentication or other security controls.

We may suspend, restrict, or disable an account if we reasonably believe it has been compromised or is being used unlawfully or contrary to these Terms.

7. MEMBERSHIPS

Xcelerate may offer paid and unpaid memberships, subscription plans, trials, promotional plans, benefit programs, or other forms of access.

Membership benefits may vary by:

Membership tier
Country
Promotion
Purchase date
Supplier
Availability
Account status
Other applicable conditions

The price, billing frequency, benefits, renewal terms, and any applicable cancellation or refund terms will be presented at checkout or otherwise disclosed in connection with the applicable membership.

Xcelerate does not guarantee that every member will use or obtain value from every membership benefit.

Availability of specific travel discounts or other benefits can change.

8. RECURRING BILLING AND AUTOMATIC RENEWAL

If you purchase a recurring subscription, you authorize Xcelerate or its payment processor to automatically charge the payment method associated with your account at the beginning of each applicable billing period until the subscription is canceled.

Your renewal price will be the price communicated to you in accordance with applicable law and the terms of your plan.

You are responsible for keeping your payment information current.

If a payment cannot be completed, we may:

Retry the payment
Request updated payment information
Suspend membership benefits
Restrict account functionality
Cancel the membership

You may cancel recurring billing using the cancellation method provided through your account or other cancellation method made available by Xcelerate.

Cancellation generally prevents future renewals and does not automatically reverse a charge that has already been processed.

Any applicable refund rights will be determined by:

The terms presented at purchase
A separately stated refund policy
Promotional terms
Applicable law

Nothing in these Terms limits any non-waivable cancellation or refund right granted by law.

9. PAYMENTS

Payments may be processed through third-party payment providers.

Xcelerate does not intentionally store complete payment-card numbers in its general business systems.

By submitting payment information, you represent that you are authorized to use the payment method.

You authorize Xcelerate and applicable payment processors to process charges associated with: Memberships; Subscriptions; Travel; Service fees; Advisor programs; Other purchased services; and Any other transaction you expressly authorize.

You are responsible for applicable taxes, fees, currency conversion charges, bank charges, or payment- provider charges unless expressly stated otherwise.

10. REFERRALS, AFFILIATES, AND COMPENSATION PROGRAMS

Xcelerate may operate referral, affiliate, commission, incentive, or other compensation programs.

Participation may be subject to separate program terms.

Referral tracking may include links, codes, cookies, account attribution, customer relationships, booking activity, membership transactions, and other mechanisms.

Eligibility for compensation may depend on conditions including:

Valid attribution
Completed payments
Expiration of refund periods
Completed travel
Receipt of supplier commissions
Continued account eligibility
Compliance with program rules
Absence of fraud, abuse, chargebacks, or manipulation

Xcelerate may investigate referrals or transactions that appear fraudulent, artificial, duplicated, manipulated, self-generated in violation of program rules, or otherwise abusive.

Where permitted by applicable program terms, disputed compensation may be delayed while a transaction is investigated.

No Earnings Guarantee

Participation in an Xcelerate referral, affiliate, Advisor, or other compensation program does not guarantee: Income; Profit; Sales; Customers; Leads; Commissions; Travel bookings; Business success; or Any particular financial result.

Any examples, projections, testimonials, illustrations, or earnings scenarios are examples only unless expressly stated otherwise.

Actual results depend on numerous factors and may vary substantially.

11. XCELERATE TRAVEL ADVISORS

Xcelerate may operate a host travel agency program through which independent Travel Advisors obtain access to technology, training, supplier relationships, booking tools, commission administration, marketing resources, and other services.

Travel Advisors are independent contractors unless a separate written agreement expressly states otherwise.

Nothing in these Terms creates:

An employment relationship
A partnership
A joint venture
A franchise
A fiduciary relationship
Authority for an Advisor to legally bind Xcelerate

except to the extent expressly provided in a written agreement. Travel Advisors are responsible for complying with:

Their Travel Advisor Agreement
Supplier requirements
Applicable travel laws
Advertising requirements
Consumer protection requirements
Privacy requirements
Licensing or registration requirements
Tax obligations
Xcelerate policies

Xcelerate may establish training, compliance, security, marketing, booking, supplier, or operational requirements for Advisors.

The specific rights and responsibilities applicable to Travel Advisors should be governed by the applicable Travel Advisor Agreement and related program policies.

12. TRAVEL SERVICES

Xcelerate facilitates access to travel products and services that may include:

Hotels and resorts
Flights
Cruises
Car rentals
Vacation rentals
Tours
Activities
Excursions
Transfers
Transportation
Travel insurance
Vacation packages
Destination services
Airport services
Entertainment
Travel-related memberships
Other travel products

Except where expressly stated otherwise, Xcelerate does not own or operate the hotel, airline, cruise ship, vehicle, tour, attraction, insurance product, property, transportation service, or other underlying travel product.

Travel services are ultimately provided by third-party businesses ("Travel Suppliers").

Xcelerate may act as a travel agency, booking intermediary, technology provider, distributor, host agency, payment facilitator, or other intermediary depending on the transaction.

13. TRAVEL SUPPLIERS

Travel Suppliers may include:

Airlines
Hotels
Resorts
Cruise lines
Tour operators
Car rental companies
Vacation rental providers
Destination management companies
Bed banks
Wholesalers
Global distribution systems
Travel aggregators
API providers
Travel insurance companies
Ground transportation companies
Activity providers
Entertainment providers
Other travel businesses

Travel Suppliers are independent businesses.

Their own:

Terms
Conditions
Cancellation policies
Refund rules
Baggage rules
Check-in requirements
Age restrictions
Deposit requirements
Health requirements
Documentation requirements
Loyalty program terms
Privacy policies
Other rules

may apply to your reservation. By booking a travel product, you agree to comply with the terms of the applicable Travel Supplier.

14. TRAVEL PRICES, INVENTORY, AND AVAILABILITY

Travel inventory is dynamic.

Prices, availability, taxes, fees, promotions, restrictions, amenities, room categories, cabin categories, flight schedules, supplier benefits, cancellation rules, commissions, and other information may change at any time.

A price displayed during a search is not guaranteed until the applicable transaction has been successfully completed and confirmed.

Travel data may be supplied through:

APIs
Global distribution systems
Wholesalers
Suppliers
Aggregators
Databases
Third-party technology
Automated systems
Other external sources

Although Xcelerate seeks to present accurate information, data supplied by third parties may be: Delayed; Incomplete; Incorrect; Duplicated; Out of date; or Changed by the supplier before booking.

The supplier’s confirmed booking record and final terms control unless applicable law provides otherwise.

15. TRAVEL DISCOUNTS AND SAVINGS

Xcelerate may advertise discounted prices, member rates, negotiated prices, wholesale rates, promotional rates, private rates, commissions, benefits, rewards, or savings opportunities.

Actual savings vary by:

Property
Supplier
Destination
Dates
Inventory
Membership
Traveler
Market conditions
Comparison source

Unless Xcelerate expressly offers a written savings guarantee with specific terms, Xcelerate does not guarantee that its price will always be lower than every other travel website, supplier, travel agency, membership program, or booking channel.

Any separate savings guarantee is governed by its specific written terms.

16. BOOKINGS AND CONFIRMATIONS

A booking is not considered confirmed merely because:

A search result is displayed
A quote is generated
An itinerary is prepared
A payment method is entered
An AI tool recommends an option
A booking request is submitted

A booking is confirmed only after the applicable booking process is completed and confirmation is issued through the appropriate system or supplier.

You are responsible for reviewing confirmation information immediately.

You must verify:

Traveler names
Dates
Destinations
Property
Room or cabin type
Flights
Transportation
Prices
Taxes and fees
Cancellation terms
Refundability
Traveler information
Other reservation details

Errors must be reported promptly.

17. CANCELLATIONS, CHANGES, AND REFUNDS

Travel cancellation and refund rights vary by supplier and booking.

Some travel products are:

Fully refundable
Partially refundable
Nonrefundable
Subject to cancellation penalties
Subject to change fees
Subject to restrictions

You are responsible for reviewing the applicable cancellation and refund terms before completing a booking.

Xcelerate cannot require an independent Travel Supplier to provide a refund contrary to the Supplier’s applicable terms.

Where Xcelerate collects funds in connection with a travel transaction, any refund may remain subject to: Supplier approval; Supplier refund timing; Payment processor timing; Nonrefundable fees; and Applicable law.

18. PAYMENT DISPUTES AND CHARGEBACKS

If you believe a charge is incorrect, you should contact Xcelerate, your Travel Advisor, or the applicable Travel Supplier promptly so the issue can be investigated.

Initiating a chargeback does not automatically cancel a membership, booking, supplier obligation, or contractual payment obligation.

Fraudulent or abusive chargebacks may result in:

Account suspension
Account termination
Cancellation of benefits
Recovery efforts
Other remedies permitted by law

Nothing in this section prevents a consumer from exercising legitimate rights provided by their bank, card issuer, payment network, or applicable law.

19. CURRENCY CONVERSION

International travel may involve multiple currencies.

Prices may change due to exchange-rate movements between:

Quote
Authorization
Payment
Settlement
Refund
Travel

Your bank or payment provider may impose:

Currency conversion charges
Foreign transaction fees
International processing fees
Other charges

Xcelerate is not responsible for fees independently imposed by your financial institution.

20. PASSPORTS, VISAS, ENTRY REQUIREMENTS, AND TRAVEL DOCUMENTATION

Travelers are responsible for determining and satisfying applicable:

Passport requirements
Visa requirements
Entry requirements
Transit requirements
Citizenship requirements
Immigration requirements
Health documentation
Vaccination requirements
Parental consent requirements
Customs requirements
Other government requirements

Requirements can change without notice.

Possession of a passport, visa, or other documentation does not guarantee admission into a country.

Government authorities have final authority over entry and exit decisions.

Xcelerate and its Travel Advisors may provide general information or links concerning travel requirements, but such assistance does not transfer responsibility for compliance from the traveler.

Travelers should verify requirements directly through appropriate governmental and official sources before departure.

21. HEALTH AND MEDICAL MATTERS

Health requirements and travel conditions can change.

Travelers are responsible for determining whether they are medically able to travel and for obtaining appropriate professional medical advice.

Information provided through Xcelerate concerning:

Health
Vaccinations
Disease
Medication
Accessibility
Medical insurance
Travel fitness

is informational only and is not medical advice. Consult an appropriate healthcare professional concerning medical issues.

22. TRAVEL INSURANCE

Xcelerate strongly encourages travelers to consider appropriate travel insurance.

Travel insurance may provide coverage for events such as:

Trip cancellation
Trip interruption
Medical emergencies
Emergency evacuation
Delays
Lost baggage
Other covered risks

Coverage depends entirely on the insurance policy purchased.

Xcelerate does not guarantee that a particular loss will be covered.

Travelers are responsible for reviewing:

Coverage
Limits
Exclusions
Pre-existing condition provisions
Deadlines
Documentation requirements
Claims procedures

Declining travel insurance may leave the traveler responsible for substantial nonrefundable expenses.

23. TRAVEL INTERRUPTIONS AND EVENTS OUTSIDE XCELERATE’S CONTROL

Travel may be affected by events outside Xcelerate’s control, including:

Weather
Hurricanes
Natural disasters
War
Civil unrest
Terrorism
Government action
Border restrictions
Health emergencies
Epidemics or pandemics
Strikes
Labor disputes
Supplier insolvency
Flight cancellations
Mechanical problems
Port closures
Schedule changes
Cyber incidents
Utility failures
Other events beyond our reasonable control

Xcelerate is not responsible for a Travel Supplier’s inability or refusal to perform because of such events except to the extent liability cannot legally be excluded.

24. ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGY

Artificial intelligence and automation may be integrated throughout Xcelerate’s Services.

AI may assist with:

Travel research
Recommendations
Destination discovery
Search
Itinerary development
Customer support
Advisor support
CRM functions
Lead management
Communications
Marketing
Training
Data organization
Summarization
Personalization
Knowledge retrieval
Administrative functions
Other workflows

AI May Be Incorrect

Artificial intelligence can produce incorrect, incomplete, outdated, misleading, or fabricated information.

You should independently verify material information before relying on AI-generated content.

This is particularly important for:

Prices
Availability
Supplier rules
Cancellation policies
Visa requirements
Passport rules
Health information
Legal requirements
Travel restrictions
Taxes
Commissions
Booking information

AI Does Not Complete Final Bookings or Financial Transactions Xcelerate does not intend for a general-purpose AI system to independently execute the final step of a travel booking or independently initiate, approve, or complete a financial transaction.

AI may assist with activities leading up to a transaction.

Final booking and payment actions occur through designated transactional systems and authorized processes.

No Professional Advice

AI-generated information is not:

Legal advice
Financial advice
Tax advice
Medical advice
Immigration advice
Other regulated professional advice

Sensitive Information

Do not enter unnecessary sensitive information into general AI interfaces, including:

Complete payment-card numbers
Passport images
Government identity documents
Passwords
Authentication credentials

25. COMMUNICATIONS WITH AI SYSTEMS

When you interact with an AI-powered feature, information you provide may be processed by Xcelerate and authorized technology providers for purposes described in our Privacy Policy.

Your use of an AI tool does not create a confidential, fiduciary, attorney-client, physician-patient, financial advisory, or other professional relationship.

You remain responsible for decisions made based on AI output.

26. INTELLECTUAL PROPERTY

The Services and their content, functionality, design, organization, software, databases, text, graphics, interfaces, logos, images, video, audio, features, workflows, and other materials may be owned by Xcelerate, its licensors, suppliers, or other rights holders.

They are protected by applicable:

Copyright
Trademark
Patent
Trade secret
Database
Contract
Other intellectual property laws

Subject to these Terms, Xcelerate grants you a limited, revocable, nonexclusive, nontransferable right to use the Services for their intended purpose.

No ownership interest is transferred to you.

27. XCELERATE BRANDS AND TRADEMARKS

Xcelerate names, logos, trademarks, service marks, product names, slogans, visual identity, and other brand elements may not be used without authorization.

Travel Advisors may receive a limited license to use designated Xcelerate branding under their Travel Advisor Agreement and applicable brand standards.

Authorization to use Xcelerate branding ends when the applicable authorization, account, Advisor relationship, or agreement ends.

28. RESTRICTIONS ON COPYING, SCRAPING, AND AUTOMATED ACCESS

Unless expressly authorized in writing, you may not:

Scrape the Services
Crawl the Services
Harvest data
Systematically download content
Copy supplier databases
Extract travel inventory
Circumvent API controls
Reverse engineer protected functionality
Use automated bots to access restricted areas
Circumvent rate limits
Bypass access controls
Reproduce substantial portions of the platform
Create a competing database or service from Xcelerate content

You also may not use Xcelerate proprietary content or restricted platform data to train, develop, evaluate, or improve an artificial intelligence or machine-learning model without Xcelerate’s written permission.

Normal search-engine indexing and tools expressly authorized by Xcelerate are not prohibited.

29. USER CONTENT

The Services may allow users to submit content such as:

Reviews
Comments
Photos
Videos
Travel notes
Itineraries
Messages
Profile information
Recommendations
Questions
Feedback
Other materials

You retain ownership of rights you lawfully hold in your User Content.

By submitting User Content through the Services, you grant Xcelerate a worldwide, nonexclusive, royalty- free license to host, store, reproduce, modify for technical purposes, display, distribute, and otherwise use that content as reasonably necessary to:

Operate the Services
Provide requested functionality
Display the content as intended
Promote the Services where you have authorized public use
Protect the Services
Comply with law

You represent that you have the rights necessary to provide the content.

You remain responsible for your User Content.

30. CONTENT STANDARDS

You may not submit or publish content that:

Is unlawful
Is fraudulent
Is defamatory
Is threatening or harassing
Promotes violence
Exploits minors
Violates privacy rights
Infringes intellectual property
Contains malicious code
Intentionally deceives users
Impersonates another person
Misrepresents affiliation with Xcelerate
Contains unauthorized advertising or spam
Facilitates illegal activity
Otherwise violates these Terms

We may remove content that violates these Terms.

31. PROHIBITED CONDUCT

You agree not to:

Violate applicable law
Commit fraud
Misrepresent your identity
Manipulate referrals
Create fake accounts
Manipulate commissions
Submit fraudulent bookings
Abuse discounts or benefits
Circumvent security measures
Gain unauthorized access to another account
Interfere with the Services
Introduce malware
Attack our infrastructure
Harvest personal information
Spam users
Misuse supplier credentials
Make unauthorized reservations
Use stolen payment information
Falsify traveler information
Abuse chargebacks
Misrepresent yourself as an employee of Xcelerate
Falsely claim authority to bind Xcelerate
Violate supplier rules
Assist another person in doing any of these things

32. MONITORING AND ENFORCEMENT

We may investigate suspected violations of these Terms.

We may:

Review relevant account activity
Remove content
Restrict functionality
Suspend accounts
Cancel access
Preserve records
Contact affected parties
Contact suppliers
Prevent payment or commission processing where contractually permitted
Cooperate with law enforcement
Take other appropriate action

We are not required to monitor every user or transaction.

33. THIRD-PARTY WEBSITES AND SERVICES

The Services may link to or integrate with third-party websites and applications.

These may include:

Travel suppliers
Payment processors
Social media platforms
YouTube
Insurance providers
Financial platforms
Maps
Authentication providers
Advertising services
AI providers
Other third parties

Xcelerate does not control these third-party services.

Their terms and privacy policies apply when you use their services.

34. RELIANCE ON INFORMATION

Information available through Xcelerate may originate from:

Travel Suppliers
Users
Travel Advisors
Databases
APIs
Artificial intelligence
Third-party content providers
Public sources
Other external systems

We attempt to provide useful and accurate information but cannot guarantee that all information is complete, current, or error-free.

You are responsible for verifying information that is material to a purchasing or travel decision.

35. PRIVACY

Your use of the Services is subject to the Xcelerate Travel Privacy Policy.

The Privacy Policy describes how Xcelerate collects, uses, shares, processes, and protects personal information.

The Privacy Policy is incorporated into these Terms by reference.

36. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive transactional electronic communications from us concerning: Your account; Membership; Travel; Bookings; Payments; Security; Commissions; Advisor matters; Legal notices; and Customer service.

Where permitted, we may also send marketing communications.

Marketing communications may be subject to separate consent requirements, and you may opt out as described in the communication or our Privacy Policy.

Your consent to receive marketing text messages, where applicable, is not a condition of purchasing a product or service unless permitted by law.

37. COPYRIGHT COMPLAINTS

Xcelerate respects intellectual property rights.

If you believe material available through our Services infringes your copyright, you may send a written notice to:

privacy@xceleratetravel.com Your notice should include sufficient information to:

Identify the copyrighted work
Identify the allegedly infringing material
Locate the material
Identify and contact you
Explain your good-faith belief that the use is unauthorized
Confirm that the information in your notice is accurate

Xcelerate may remove or restrict access to disputed material where appropriate.

Nothing in this section represents that Xcelerate has completed any particular statutory copyright-agent registration that may separately be required to obtain a statutory safe harbor.

38. SUSPENSION AND TERMINATION

We may suspend or terminate access to the Services where reasonably necessary for reasons including: Violation of these Terms; Fraud; Security risk; Nonpayment; Chargeback abuse; Supplier violations; Misuse of credentials; Illegal activity; Harassment; Threats; Risk to customers or Advisors; Intellectual property violations; or Material violation of another applicable agreement.

Termination of an account does not automatically eliminate:

Outstanding payment obligations
Booking obligations
Supplier obligations
Commission adjustments
Refund obligations
Chargebacks
Legal claims
Terms intended to survive termination

39. GEOGRAPHIC AVAILABILITY

Xcelerate Travel LLC operates from the United States.

The Services may not be legally available in every jurisdiction.

If you access the Services outside the United States, you are responsible for compliance with applicable local laws.

The availability of a membership worldwide does not mean that every feature, supplier, travel product, benefit, payment method, or business opportunity is available in every country.

Travel Advisor participation is currently limited to eligible U.S. participants unless Xcelerate expressly authorizes otherwise.

40. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

XCELERATE MAKES NO WARRANTY THAT:

THE SERVICES WILL ALWAYS BE AVAILABLE
THE SERVICES WILL BE ERROR-FREE
ALL DATA WILL BE ACCURATE
ALL PRICES WILL REMAIN AVAILABLE
ALL SUPPLIER INFORMATION WILL BE CURRENT
ALL TRAVEL PRODUCTS WILL BE AVAILABLE
EVERY AI RESPONSE WILL BE ACCURATE
ALL DEFECTS WILL BE CORRECTED
THE SERVICES WILL BE FREE OF HARMFUL COMPONENTS
EVERY USER WILL SAVE MONEY
EVERY ADVISOR WILL EARN MONEY
THE SERVICES WILL MEET EVERY USER’S EXPECTATIONS

TO THE FULLEST EXTENT PERMITTED BY LAW, XCELERATE DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND OTHER EXPRESS OR IMPLIED WARRANTIES.

NOTHING IN THESE TERMS EXCLUDES A WARRANTY THAT CANNOT LEGALLY BE EXCLUDED.

41. TRAVEL SUPPLIER DISCLAIMER

XCELERATE DOES NOT OWN OR OPERATE THE UNDERLYING TRAVEL SERVICES PROVIDED BY INDEPENDENT TRAVEL SUPPLIERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, XCELERATE IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, NEGLIGENCE, BREACHES, FAILURES, INSOLVENCY, DELAYS, CANCELLATIONS, SERVICE QUALITY, SAFETY CONDITIONS, OR OTHER CONDUCT OF INDEPENDENT TRAVEL SUPPLIERS.

THIS INCLUDES, WITHOUT LIMITATION:

AIRLINES
HOTELS
CRUISE LINES
TOUR OPERATORS
TRANSPORTATION PROVIDERS
CAR RENTAL COMPANIES
EXCURSION PROVIDERS
INSURANCE COMPANIES
OTHER TRAVEL PROVIDERS

NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED.

42. ASSUMPTION OF TRAVEL RISK

Travel involves inherent risks.

These may include:

Injury
Illness
Death
Crime
Transportation accidents
Weather
Natural disasters
Political instability
Civil unrest
Terrorism
Disease
Animals
Environmental hazards
Recreational activities
Food or water contamination
Limited access to medical services
Delayed evacuation
Supplier negligence
Traveler negligence
Unknown or unexpected hazards

By choosing to travel, you acknowledge and accept the ordinary and inherent risks associated with travel.

To the fullest extent permitted by law, Xcelerate is not responsible for injuries, losses, or damages caused by risks inherent in travel or by independent Travel Suppliers.

43. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, XCELERATE TRAVEL LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION:

LOST PROFITS
LOST REVENUE
LOST BUSINESS
LOSS OF DATA
LOSS OF GOODWILL
LOST OPPORTUNITIES
TRAVEL INTERRUPTIONS
EMOTIONAL DISTRESS
OTHER CONSEQUENTIAL LOSS

EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, XCELERATE’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID DIRECTLY TO XCELERATE FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY WHERE LIABILITY CANNOT LEGALLY BE LIMITED.

44. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Xcelerate Travel LLC and its affiliates, officers, directors, employees, contractors, service providers, licensors, successors, and assigns from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or related to:

Your violation of these Terms
Your unlawful use of the Services
Your User Content
Your infringement of another person’s rights
Fraudulent activity
Misuse of another person’s information
Unauthorized bookings
Misuse of payment credentials
Conduct outside the permitted use of the Services

For Travel Advisors, additional indemnification obligations may appear in the applicable Travel Advisor Agreement.

45. INFORMAL DISPUTE RESOLUTION

Before either party initiates arbitration concerning a dispute, the party asserting the dispute must make a reasonable good-faith effort to resolve it informally.

A user may begin this process by emailing:

privacy@xceleratetravel.com The notice should include:

The user’s name
Account email
A description of the dispute
Relevant transaction or booking information
The requested resolution

The parties will have at least 30 days after receipt of a sufficiently detailed notice to attempt to resolve the dispute before arbitration is initiated, unless applicable law requires otherwise.

This requirement does not prevent either party from seeking immediate relief where necessary to prevent imminent harm or protect intellectual property.

46. GOVERNING LAW

These Terms and disputes arising from them are governed by the Federal Arbitration Act where applicable and, subject to any mandatory consumer rights, by the laws of the state in which Xcelerate Travel LLC is legally organized, without regard to conflict-of-laws principles.

Before publication, Xcelerate should identify its selected governing state expressly in this section.

Mandatory consumer protections in your place of residence remain applicable where they cannot legally be waived.

47. DISPUTE RESOLUTION AND BINDING ARBITRATION FOR U.S. USERS

PLEASE READ THIS SECTION CAREFULLY.

Except for disputes described under "Exceptions to Arbitration," you and Xcelerate agree that disputes arising out of or relating to:

These Terms
The Services
Memberships
Transactions
Communications
Your account
The relationship between you and Xcelerate

will be resolved through binding individual arbitration rather than a lawsuit in court. This agreement is governed by the Federal Arbitration Act.

Waiver of Jury Trial

YOU AND XCELERATE EACH WAIVE THE RIGHT TO HAVE AN ARBITRABLE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.

Individual Claims Only

Arbitration will proceed only on an individual basis unless Xcelerate and the claimant expressly agree otherwise.

48. EXCEPTIONS TO ARBITRATION

Either party may:

Bring an individual claim in small claims court if the claim qualifies
Seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect

intellectual property, confidential information, security, or prevent unauthorized access or misuse. Nothing in these Terms prevents a user from filing a complaint with an appropriate government or regulatory agency where permitted by law.

49. ARBITRATION PROCEDURES

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA rules in effect when the arbitration begins, except where those rules conflict with these Terms or applicable law.

Information concerning AAA procedures is available from the American Arbitration Association.

A party seeking arbitration must provide the other party with the notices required by these Terms and the applicable arbitration rules.

The arbitrator may award the same individual remedies that would be available in court to the extent permitted by law.

The arbitrator must apply these Terms and applicable law.

Any hearing may be conducted remotely where permitted by the applicable rules or by agreement.1.

50. ARBITRATION FEES

Payment of arbitration filing, administration, and arbitrator fees will be governed by applicable AAA rules and applicable law.

Xcelerate will not seek reimbursement of arbitration fees that applicable consumer arbitration rules require Xcelerate to pay unless an arbitrator determines that a claim was frivolous or brought for an improper purpose and applicable law permits reimbursement.

51. CLASS ACTION WAIVER

YOU AND XCELERATE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH A WAIVER IS PROHIBITED BY APPLICABLE LAW.

An arbitrator may not combine claims of multiple individuals or preside over a representative proceeding unless applicable law requires otherwise or the parties agree in writing.

If this Class Action Waiver is determined to be unenforceable with respect to a particular claim or remedy, that claim or remedy will proceed in an appropriate court to the extent required by law while enforceable individual claims remain subject to arbitration where legally permitted.

52. USERS OUTSIDE THE UNITED STATES

The arbitration provisions above apply to users outside the United States only to the extent enforceable under applicable law.

Nothing in these Terms deprives an international consumer of mandatory rights or remedies that cannot legally be waived under the laws of the consumer’s jurisdiction.

53. TIME LIMIT FOR CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, A CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES.

If applicable law prohibits shortening the limitations period for a particular claim, the legally required limitations period will apply.

54. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the provision will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect.

Special severability rules contained in the arbitration provisions apply to those provisions.

55. WAIVER

Failure by Xcelerate to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

A waiver is effective only if expressly made by an authorized representative.

56. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Xcelerate’s written consent.

Xcelerate may assign these Terms in connection with:

A merger
Reorganization
Corporate restructuring
Financing
Acquisition
Sale of assets
Transfer of the applicable business

subject to applicable law.

57. FORCE MAJEURE

Xcelerate will not be responsible for delay or failure to perform caused by circumstances beyond its reasonable control.

These may include:

Natural disasters
Severe weather
War
Terrorism
Civil unrest
Government action
Epidemics
Pandemics
Labor disputes
Internet failures
Cloud service outages
Cyberattacks
Supplier failures
Transportation disruptions
Power failures
Other events beyond reasonable control

58. SURVIVAL

Sections that by their nature should survive termination will survive termination of these Terms.

These include provisions concerning:

Intellectual property
Payment obligations
Disclaimers
Limitation of liability
Indemnification
Dispute resolution
Arbitration
Governing law
Other accrued rights and obligations

59. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any applicable additional agreement constitute the agreement between you and Xcelerate concerning the subject matter they govern.

They supersede prior discussions or representations concerning the same subject matter except where a separate written agreement expressly remains in effect.

Travel Advisors, affiliates, suppliers, contractors, and other business participants may have separate agreements with Xcelerate.

Those agreements remain independently enforceable.

60. CONTACT

Questions concerning these Terms may currently be directed to:

Xcelerate Travel LLC Email: privacy@xceleratetravel.com Xcelerate may designate a separate legal or support contact in the future.

Privacy requests should be submitted in accordance with the Xcelerate Travel Privacy Policy.