Travel Terms of Sale

We recommend visitors review our Terms and Conditions before using our site, services or products. We view our Terms and Conditions as a way to always treat our customers with respect, dignity, and fairness. We strive to make every part of your experience with us as transparent as possible. If there is anything that you do not understand, please do not hesitate to contact us.

TERMS AND CONDITIONS

Updated June 2023

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the Access Travel website, mobile or tablet application, any of our white labeled websites or other Access platforms (collectively "Our Platform"), you agree to be bound by these terms and conditions ("Terms and Conditions") and our Privacy Policy. If you do not accept all of these Terms and Conditions, then you may not use Our Platform. In these Terms and Conditions, "we", "us", "our" or "Access" refers to Access VG, LLC dba Access Development, and "you" or "your" refers to you as the user of Our Platform and any customer visiting Our Platform and/or booking a reservation through us on Our Platform, or through our customer service agents.

THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT defined below under DISPUTE RESOLUTION. We reserve the right to modify or replace these Terms and Conditions at any time and in our sole discretion. When we do, we will update the last revised date at the top of this Agreement. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms and Conditions). It is your responsibility to regularly check Our Platform to determine if there have been changes. Your continued use of Our Platform following the posting of any changes to the Terms and Conditions will constitute your acceptance of any such changes and your agreement to be bound by these Terms and Conditions. If you object to any provision of these Terms and Conditions or any subsequent modifications to these Terms and Conditions or become dissatisfied with Our Platform in any way, your only recourse is to immediately terminate use of Our Platform.

USE OF OUR PLATFORM

Our Platform is for people trying to find and book travel for themselves, their families, their coworkers, or their friends, and Access grants you a limited and revocable right to use Our Platform for those purposes. You represent that all information you supply to access or in the course of using Our Platform is true, accurate, current and complete. If you book travel found on Our Platform on another person's behalf, you represent that you are authorized to make that booking, and you agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. Without separate, written permission from Access in advance, you may not: (i) reuse or "scrape" Access' data for use in another service or website, (ii) attempt to circumvent any controls or limitations Access places on your ability to access Our Platform, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling Our Platform or otherwise interfering with the proper function of Our Platform, (iv) "frame," "mirror," or otherwise incorporate any part of Our Platform into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on Our Platform.

You may only use and register to become a user of Our Platform if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of an account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Platform by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. Note that some email communications from us may automatically log a user into their account. If you forward an email communication to another individual, you acknowledge that the user may gain entry into your account to view your travel information. All information that you provide to us must be accurate and up to date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Platform), you must promptly change your personal information that is affected. You warrant that you have given express consent to (a) the processing of your personal information by hotels, service providers and any other third parties engaged by Access for the purpose of dealing with bookings; and (b) the export of your Personal information to any country in the world.

You may only use Our Platform to search for legitimate travel deals and you may not use Our Platform to make any false, fraudulent or any reservation in anticipation of spikes in demand. By using Our Platform, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

BOOKING TRAVEL THROUGH OUR TRAVEL PARTNERS

Our Platform offers you the ability to book travel with some of our third-party travel partners through the Access travel service. Access does not own or control any of the travel services and products that you can access through Our Platform, such as flights, accommodations, rental cars, packages, or travel insurance (the "Travel Products"). The Travel Products are owned, controlled, or made available by third parties (the "Travel Providers") either directly (e.g., airline) or as an agent (e.g., online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider's terms and privacy policies apply to your booking so you must agree to and understand those terms. Further, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Platform is at your own risk and Access does not have any responsibility should an issue arise with your booking or any issues during your travel. Our Platform hosts content, including prices and savings claims, made available by or obtained from Travel Providers. Access is in no way responsible for the accuracy, timeliness, or completeness of such content. Since Access has no control over the Travel Products and does not verify the content provided by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Platform. You authorize us to book reservations on your behalf with Travel Providers. You agree that your credit card will be charged for the total reservation price plus any applicable taxes. Additional charges (e.g., payment fees, services charges, resort fees, checked-in luggage fees, deposits, or local taxes and fees) that are not part of the original reservation price may also be charged directly by the hotel property, car rental company or other merchant.

CANCELLATIONS OR CHANGES

Cancellations or changes to a hotel or car rental reservation must be made through us by contacting our member service team by calling the phone number listed on the website or in the reservation confirmation email which is sent to the email address you have on file with us. You agree to abide by the cancellation policy that was provided to you on our website during the booking process and provided to you in the reservation confirmation email.

CURRENCY CONVERSION

The currency rates that may be provided when booking services are based on publicly available sources. Actual rates may vary. We do not guarantee the accuracy of the currency information we supply on the website. When using this information, we advise you to independently verify the accuracy of the currency rates. The currency rates provided are for your personal use and you are not permitted to resell, redistribute, or use this information for commercial purposes.

MOBILE APPLICATION

The Terms and Conditions outlined in this document also apply to using our services via our Mobile Application. We grant to you a non-exclusive, non-transferable license to download, install and use the Mobile Application. You will be bound by the same Terms and Conditions as on Our Platform for use of the Mobile Application. All references to "Our Platform" in this document shall also apply to your use of the Mobile Application. The Mobile Application automatically collects information related to any technical errors you may encounter as well as how you are using the Mobile Application including the content you are accessing. By using the Mobile Application, you agree and consent to the collection of this information.

TRAVEL PROGRAMS - CASHBACK OR REWARDS

Some users may be offered the ability to earn cash back ("Cash Back" or "Rewards") on their purchases completed through Our Platform. This Cash Back may be rewarded in dollars, points, miles, cryptocurrency, or other currency as defined by the program. Cash Back or Rewards are earned based on the net purchase amount which excludes taxes, fees, discount, credits, or cancellations. We are not responsible for the distribution of the Cash Back or Rewards from third-party programs. Any distribution errors or questions should be directed to the third-party program in which you are registered to earn Cash Back or Rewards.

INTELLECTUAL PROPERTY

Our Platform, and all information, data and other content and materials available on Our Platform, including, but not limited to, logos and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Access and its suppliers and licensors and are protected by U.S. and international intellectual property laws. Access and its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

LINKS TO THIRD-PARTY SITES

Our Platform may contain hyperlinks to websites operated by parties other than Access. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from Our Platform or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Our Platform has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS, IN PARTICULAR INTERNATIONAL DESTINATIONS, WE AND OUR BUSINESS PARTNERS AND CLIENTS DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK AND WE AND OUR BUSINESS PARTNERS AND CLIENTS ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIMITATION OF LIABILITY

We (together with our officers, directors, employees, representatives, shareholders, affiliates, providers, business partners and clients) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Platform, your downloading of any content from Our Platform or your use of Trips, or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Platform, Trips or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Platform for reservations or booking); or (iii) the performance or non-performance by us, or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

The Information, Software, Products and Services published on this Platform may include inaccuracies or errors, including pricing errors. In particular, Access and Access Partners and clients do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Platform (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Access expressly reserves the right to correct any pricing errors on Our Platform and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Any hotel ratings or reviews displayed on this Platform are intended as only general guidelines, and Access does not guarantee the accuracy of the ratings. Access and its respective suppliers, business partners and clients make no guarantees about the availability of specific products and services. Access and its respective suppliers may make improvements and/or changes on the Platform at any time.

Access and its respective suppliers, business partners and clients make no representations about the suitability of the information, software, products and services contained on this Platform for any purpose, and the inclusion or offering of any products or services on this Platform does not constitute any endorsement or recommendation of such products or services by Access. All such information, software products, and services are provided "as is" without warranty of any kind. Access and its respective suppliers, business partners and clients disclaim all warranties and conditions that this Platform, its servers or any email sent from Access and/or its respective suppliers, business partners and/or clients are free of viruses or other harmful components. Access and its respective suppliers, business partners and clients 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 response, title and non-infringement.

In no event shall Access and/or its respective suppliers, business partners and clients be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Access and/or its respective suppliers, business partners and/or clients have been advised of the possibility of such damages.

If, despite the limitation above, Access or its respective suppliers, business partners and/or clients are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Access and/or its respective suppliers, business partners and clients will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Access in connection with such transaction(s) on this Platform, or (b) One Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions inure to the benefit of Access and/or the respective suppliers, business partners and clients.

DISPUTE RESOLUTION

You agree that by accepting these Terms and Conditions, you and Access are each waiving the right to trial by jury and the ability to participate in any class action suit and that any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify.

You agree that any and all disputes, claims or controversies Access or you have relating in any way to the services or your relationship with Access including without limitation with respect to data, your interaction with Access, Access' advertisements and disclosures, email and mobile messages Access may send to you, the use or disclosure of any information about you, any dealings with our customer service agents, these Terms and Conditions, and privacy policy (collectively, "Claims") will be submitted to arbitration in Salt Lake City, Utah. This also includes any Claims that arose before you accepted these Terms and Conditions, regardless of whether prior versions of the Terms and Conditions required arbitration. This includes any Claims you assert against us, our travel suppliers, business partners or any companies offering products or services through Access. Claims include claims based on contract, tort (including intentional tort), fraud, agency, your or access' negligence, statutory or regulatory provisions, or any other source of law.

In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator's decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seeks less than $10,000, we may reimburse you for filing fees you pay to the AAA and arbitrator's fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

If you elect to seek arbitration, you must first send to Access, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Access should be addressed to: Access VG, LLC, Attn: Legal Department, P.O. Box 27563, Salt Lake City, Utah 84127-0563. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at http://www.adr.org or by calling 1-800-778-7879.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, both Access and you waive any right to a jury trial.

PRIVACY POLICY

Access believes in protecting your privacy. You may review our current Privacy Policy on our website, which also governs your use of Our Platform and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

REGISTRATIONS

Seller of Travel: Access VG, LLC is a registered seller of travel in each of the states listed below:

California registration number: 2131676-50

Florida registration number: ST41099

Hawaii registration number: TAR-7340

Iowa registration number: 1396

Washington registration number: UBI604155904 001 0001

Registration as a seller of travel in California does not constitute the state's approval.

HEADINGS

The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.