Terms & Conditions
The following terms and conditions (“Terms and Conditions”) apply to all travel and travel-related Services offered for sale by Travelopod Worldwide Inc., a Delaware corporation, and its parent and affiliate Travelopod, Inc., a California corporation, alongside their respective agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter collectively referred to as “Travelopod”, “we”, or “us”). The website www.travelopod.com is operated by Travelopod Worldwide Inc. under an operating and licensing agreement with Travelopod, Inc., and serves as a shared platform through which both entities market, contract, and fulfill travel services. Our telephone number is 1-844-455-5444.
The terms “Service” or “Services” as used in these Terms and Conditions encompass: travel planning and consultation, charter or other airfare, passage on cruises, charters, river boats, yachts, and other water vessels, ground transportation, concierge services, hotel rooms, resorts, camps, or other lodgings, tours, car rentals, leisure or adventure activities, equipment rentals, expeditions, and any other travel or travel-related products offered, sold, recommended, or provided by Travelopod. The term “Trip” is defined as any Service, or package of Services, offered. “Supplier” or “Vendor” refers to any provider of the Services we offer. “Itinerary” refers to the particularized schedule for a trip. References herein to “Traveller,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases, or attempts to purchase, a Trip for themselves and/or others.
All bookings of Trips are also subject to the Terms and Conditions of the supplier of the Service incorporated in a Travelopod Trip. By placing an order with Travelopod (whether fulfilled through Travelopod Worldwide Inc. or Travelopod, Inc.), you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Travelopod, these Terms and Conditions will control all issues relating to the liabilities and responsibilities of Travelopod Worldwide Inc. and Travelopod, Inc.
Please review these Terms and Conditions carefully prior to completing your booking. By accessing our platform, submitting an inquiry, or clicking 'By selecting Authorize & Complete Booking' during checkout, you acknowledge that you have read, understood, and agreed to be legally bound by all terms, policies, and conditions set forth herein. When Traveler is purchasing a Trip for someone besides themselves, clicking on the “By selecting Authorize & Complete Booking” box verifies Traveler has informed all other Travellers in their group of these Terms and Conditions and accept them on their behalf, warranting that the other Travellers in their group, after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions. Without this acceptance, the processing of an order or inquiry is not technically possible. Therefore, by placing an order with Travelopod, you, and all Travellers in your group (if applicable), agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
Table of Contents
- Eligibility - The Services offered by Travelopod are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. Travellers must be over the age of 18 to purchase a Travelopod Trip.
- Modification of Our Terms and Conditions - Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with Travelopod or reviewed our Terms and Conditions.
- Payments & Merchant of Record - I understand if I have an unpaid balance to Travelopod and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.
In order for Travelopod or our designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Travelopod and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide, and (iii) use methods of contact that may include pre-recorded/artificial voice messages and/or automatic dialing devices, as applicable.
Merchant of Record & Billing Statement Descriptors:
Travelopod accepts payments via international credit and debit cards (including Discover, American Express, Visa, and MasterCard), wire transfer, and direct bank deposits. Services and bookings may be fulfilled by Travelopod Worldwide Inc. or its affiliate Travelopod, Inc. Depending on which entity issues your booking confirmation and processes your transaction:
- Transactions processed by Travelopod Worldwide Inc. will appear on your cardholder statement as Travelopod Worldwide or Travelopod.
- Transactions processed by Travelopod, Inc. will appear on your cardholder statement as Travelopod Inc or Travelopod.
- Where flight tickets, hotel reservations, or other travel services are billed directly by the third-party provider, the charge will appear under the specific name of the operating airline or travel supplier.
- Prices - Our prices are contractual tariffs. No claim relating to the price of a Trip will be considered once the reservation is effective.
Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price:
- Items of a personal nature such as incidentals and laundry
- Excess baggage charges
- Port charges
- Foreign government departure taxes
- Costs of Passports or Visas
- Inspection fees, customs fees, immigration and naturalization fees
- Agency service fees and processing fees
- Single room supplement
- Travel insurance including health, accident, lost baggage, and trip cancellation
- Airport parking, tips, and gratuities
- Any other activities or items not explicitly advertised as included in the price of a Trip in the description of the offered Trip
- Cancellations, Alterations & Refund Policy - Our Cancellations, Alterations, and Refund Policies vary by Service and/or Trip sold. Specific terms are viewable in writing prior to purchase via booking quotes or invoices delivered to the purchaser. If any terms are unclear, please speak with one of our agents prior to purchase.
CHANGES AFTER PURCHASE: All changes made to the booking after purchase are restricted and are strictly subject to the airline fare rules. Flight dates & times are changeable subject to availability and upon payment of a change fee per person, plus any additional cost between the original total price paid and the lowest total price available for the new flight at the time the change is made. Any confirmation made beyond the time frame allowed may result in additional costs, of which you will be informed by email. It is essential that you return the confirmation document, otherwise your initial reservation will stand.
Any cancellation or alteration of your booking may result in costs that will be billed by our Suppliers, and our administrative costs may be added to these. In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from the refund payable to you as per this agreement.
The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to Travelopod Worldwide. Any interrupted or shortened stay, or any Service not actually used by you, for whatever reason (in particular in the event that you fail to arrive in time to enjoy the Services) does not entitle you to a refund.
As a general rule alteration, whatever their nature, are treated as a cancellation followed by a new booking, involving the relevant cancellation charges. These charges will be added to any costs charged by the Supplier, of which you will be informed before the alteration is made.
A. Cancellations and Alterations attributable to Travelopod Worldwide
Particularly as a result of political or environmental changes, rescheduling of air routes and times and other circumstances outside our control, we have on occasion to make changes to and cancel confirmed bookings. While we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking, we can reasonably expect to have a major effect on your confirmed Trip. Significant changes are likely to include the following changes when made before departure where applicable to your booking: a change of accommodation to that of a lower standard for the whole or a major part of the time you are away, a change of area of travel for the whole or a major part of the time, a change of outward departure time or overall length of time you are away of twelve or more hours or a change of departure point to one which is more inconvenient for you where your Trip includes flights arranged by us.
If we have to make a significant change or cancel, we will notify you as soon as possible. We will endeavour to offer you alternative routing and/or dates and at least one option, which is of a similar standard and cost. If there is time to do so before departure, we will offer you the choice of the following options:
- accepting the changed arrangements or
- purchasing an alternative Trip from us, of a similar standard to that originally booked if available. We will endeavour to offer You at least one alternative Trip of equivalent standard for which You will not be asked to pay any more than the price of the original Trip. If this Trip is in fact cheaper than the original one, we will refund the price difference. If You do not wish to accept the Trip, we specifically offer You, you may choose any of the other arrangements we have available. You must pay the applicable price of any such alternative arrangements. This will mean You’re paying more if they are more expensive or receiving a refund if cheaper or
- cancelling or accepting the cancellation in which case you will receive a full refund of all money you have paid to us.
Please note the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions:
- Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
- No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
Very rarely, we may be forced by "force majeure" to change or terminate your Trip after departure but before the scheduled end of your Trip. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation, or meet any costs or expenses you incur as a result.
B. Cancellations and Alterations attributable to You
Important: All bookings of airline tickets, & vacation packages are non-refundable generally unless specifically described otherwise. Any alteration, transfer, or cancellation relating to airfare, or dynamic packages (flight + hotel) which affect the booked flight(s), will involve charges up to the price of the air tickets bought including, without limitation, all fees, taxes, and charges. All cancellations must be done over the phone only. We can accept refund requests only if the following conditions have been met:
- Only if the fare rules provide for cancellation and refunds;
- It is not "no show" situation (most "no show" bookings are in-eligible for any waiver from suppliers for refund processing)
- we are able to receive waivers from suppliers to process the requested cancellation and refund
All refund requests are processed in a set format. Once your cancellation request has been submitted with our customer care agent, you will get an email notification acknowledging your request. This acknowledgement does not automatically qualify you for a refund. Based upon the fare rule we work with the airline or other involved suppliers to generate a waiver and process the refund if fare rules allow. Cancellations vary as per fare rules, Refunds may take up to 4-6 business weeks to process.
*California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Traveller is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveller, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveller, unless the Traveller advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveller with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
*For Washington Residents only:
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
C. Method of Refunds – All refunds, if any, shall be refunded to Traveller via the same payment method utilized for Trip purchase
Best Price Guarantee:
To make a Best Price claim, customers must email service@travelopod.com within 24 hours of booking with Travelopod and include the competitor name, rate details, and an unedited screenshot of the competing offer. If within that 24-hour window after purchasing your flight, you find the exact same flight itinerary at a lower price and document this for us, you are entitled to a refund equal to the difference between your total paid amount and the lower documented price. By "same flight," we mean an identical flight itinerary for the same number of travelers, identical routes, operating airline(s), flight numbers, travel dates, stops, cabin class, and departure/arrival times.
Changes After Purchase:
All changes requested after ticket issuance or booking confirmation are restricted and strictly subject to airline and supplier tariff rules. Flight dates and times are changeable subject to availability and upon payment of the airline’s change fee per person, any applicable fare difference between the original fare and the lowest available fare at the time of exchange, plus Travelopod’s administrative processing fee. Any confirmation made beyond the allowed airline schedule window may result in additional costs, of which you will be informed by email. It is essential that you return written confirmation for changes; otherwise, your original reservation will remain unchanged.
Any cancellation or alteration of your booking may result in costs billed by our Suppliers, to which Travelopod’s administrative costs will be added. In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from any refund payable to you under this agreement.
The cancellation of your booking for whatever reason does not exempt you from paying all sums owed to Travelopod. Any interrupted or shortened stay, or any Service not actually utilized by you for whatever reason (including failure to arrive on time to receive Services), does not entitle you to a refund. As a general rule, alterations are treated as a cancellation followed by a new booking, involving standard supplier cancellation penalties and administrative charges.
Refund Eligibility & Processing Timelines:
- Supplier Constraints: Most discounted airline tickets, vacation packages, and hotel reservations are non-refundable and non-transferable under carrier tariff rules. Where fare rules permit cancellation and refund, or where a carrier schedule irregularity warrants a statutory refund, Travelopod will submit waiver and refund requests on your behalf to the operating carrier or supplier.
- Refund Method: All approved refunds will be credited exclusively back to the original credit or debit card (or bank payment method) used at the time of purchase. Under no circumstances will refunds be issued to alternate cards, cash, or third parties.
- Settlement Timeframes: Once approved by the supplier, refund processing and statement settlement typically take 1 to 2 billing cycles (up to 30 business days), depending on carrier processing queues and individual cardholder banking institutions.
- Administrative Fees: Travelopod ticketing, consultation, and administrative processing fees are strictly non-refundable.
- No-Show Bookings: "No-show" reservations are strictly ineligible for supplier waivers or refund consideration.
*Notice for California and Illinois Residents:
Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed to and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
Cancellations and Alterations Attributable to Travelopod:
Particularly as a result of political or environmental changes, rescheduling of air routes, or circumstances outside our control, we may occasionally need to make changes to or cancel confirmed bookings. While we endeavor to avoid changes and cancellations, we reserve the right to do so.
Most changes are minor. Occasionally, a “significant change” is necessary. A significant change is one made before departure that we reasonably expect to have a major effect on your confirmed Trip (e.g., lower accommodation standard for a major duration, change of destination region, outward departure change of 12 or more hours, or an inconvenient change of departure airport).
If a significant change or cancellation becomes necessary, we will notify you as soon as reasonably possible and offer you the choice of:
- Accepting the modified arrangements;
- Purchasing an alternative Trip of comparable standard (refunding the difference if less expensive, or paying the difference if more expensive); or
- Cancelling the booking and receiving a full refund of monies paid to us for the affected Service.
Compensation will not be payable, and no liability beyond the choices above will be accepted, where changes or cancellations arise from Force Majeure or your failure to comply with booking conditions (such as timely payment).
- Best Price Guarantee - To make a Best Price Guarantee claim, customers should email service@travelopod.com within 24 hours of booking with Travelopod Worldwide and include the competitor name, rate details and a screenshot of the other offer. If within that space of time after having purchased your flight, you find the same flight at a lower price and are able to document this for us, you are entitled to have an amount refunded which is equal to the difference between your total paid amount and the lower price which you have found. By the same flight, we mean a flight or several flights for the same number of persons and for the same routes, using the same airline(s), flight numbers, travel time, number of stops, outbound and inbound dates and times.
- Insurance - Travelopod strongly recommends that all Travellers purchase comprehensive travel insurance covering Trip Cancellation, Interruption, Medical Emergency, Evacuation, and Lost Baggage. While we may provide referrals to reputable insurance providers, Traveler acknowledges that it is Traveler’s sole responsibility to evaluate policy terms, exclusions, and limits, and to purchase appropriate coverage. Travelopod Worldwide Inc. and Travelopod, Inc. are not insurers and are not responsible for any uninsured losses, medical expenses, or travel disruptions.
- Passports, Visas, Health Requirements, and Travel Risks - It is the Traveler’s sole responsibility to verify and fulfill all passport, visa, transit permit, and vaccination requirements prior to travel. A full and valid passport is required for all persons traveling to any destination outside the United States.
Most international destinations (including India) require passports to remain valid for at least six (6) months beyond the scheduled conclusion of your itinerary. Non-U.S. citizens must consult the appropriate consulates for entry requirements. Certain destinations require proof of return/onward passage, sufficient maintenance funds, and mandatory travel health insurance before issuing visas or permitting entry.
You must ensure that passenger names provided during booking correspond exactly with the machine-readable names appearing on your government passports and identification.
Entry and immunization requirements change frequently. You assume full responsibility for verifying entry, passport, health, and security conditions with the U.S. Department of State (travel.state.gov), the Centers for Disease Control and Prevention (cdc.gov/travel), and the applicable foreign consulates.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED CARRIAGE BY ANY AIRLINE OR TRANSPORT PROVIDER OR DENIED ENTRY INTO ANY JURISDICTION DUE TO FAILURE TO CARRY REQUIRED DOCUMENTATION. IF SUCH FAILURE RESULTS IN FINES, SURCHARGES, OR PENALTIES IMPOSED ON TRAVELOPOD, YOU AGREE TO INDEMNIFY AND REIMBURSE US IN FULL.
Although international travel is generally completed without incident, travel to certain destinations involves heightened safety, security, and health risks. By facilitating travel, Travelopod does not represent or warrant that travel to such destinations is advisable or without risk, and Travelopod shall not be liable for damages, injuries, or losses resulting from travel to such points.
- Domestic Travel: A valid REAL ID or government-issued photo ID is required for all domestic air travel.
- International Travel: Valid passports, entry visas, transit visas, and Schengen visas must be held by all passengers prior to boarding.
- Accommodations & Car Rentals - “Accommodations” include any lodging or vehicle afforded to Travellers (hotels, resorts, cruise cabins, campgrounds, and car rentals). Travelopod procures accommodations through independent third-party Vendors and retains no ownership, management, or operational control over these properties. Travelopod does not guarantee accommodation amenities or third-party vendor performance.
Prices are based on double occupancy unless specified otherwise; single supplement fees may apply.
- Check-In Requirements: The primary reservation holder must present a valid photo ID and physical credit card at check-in. Credit cards are required by properties for security deposits and incidental charges (e.g., resort fees, parking, mini-bar, energy surcharges). These charges are assessed directly by the property and are not included in your base rate.
- Car Rentals: The primary driver must be present, sign the rental agreement, and provide a valid driver's license and credit card in their own name at pick-up.
- Notices - Any notices required or permitted hereunder shall be delivered in writing via email to service@travelopod.com or mailed to our corporate office.
- Seller of Travel Disclosures - Travelopod Worldwide Inc. (Delaware Entity / Platform Operator):
- California Seller of Travel Registration (CST) #: 2159872-40
- Non-Participation in TCRF: Travelopod Worldwide Inc.’s principal place of business is located outside the State of California. Pursuant to California Business & Professions Code § 17550.7 and § 17550.13, Travelopod Worldwide Inc. is not a participant in the California Travel Consumer Restitution Fund (TCRF).
- Notice to California Customers: Transactions fulfilled by Travelopod Worldwide Inc. are not covered by the California Travel Consumer Restitution Fund, and you are not eligible to file a claim against the Fund in the event of company or supplier default.
- Travelopod Worldwide is registered with the State of Washington. Washington Registration no. 605-566-374
Travelopod, Inc. (California Entity / Franchisor & Affiliate):
- California Seller of Travel Registration (CST) #: 2112418-40
- TCRF Notice: Travelopod, Inc.’s principal place of business is located in California. It is a registered participant in the California Travel Consumer Restitution Fund (TCRF). Eligible California transactions contracted with and fulfilled by Travelopod, Inc. may be covered by the TCRF.
- Registration as a seller of travel does not constitute approval by the State of California.
- Local Customs and Laws - Travelers will visit destinations with unfamiliar laws, customs, legal standards, and infrastructure. Travelers agree to respect local customs and obey all local, municipal, and national laws. Travelopod is not liable for costs, legal penalties, or damages resulting from a Traveler’s failure to adhere to local laws and regulations.
- Legal Compliance and Proper Conduct - Traveler’s participation in a Trip may be terminated immediately if Traveler is disciplined by civil or aviation authorities, or if Travelopod or its Suppliers, in their sole discretion, determine that Traveler’s conduct endangers safety, breaches airline rules, or disrupts the welfare of other passengers or staff. In such an event, Traveler will be solely responsible for all repatriation and substitute accommodation expenses, and no refunds will be provided.
- Marketing Materials - Photographs and visual depictions on our platform or in promotional brochures are for illustrative purposes only to indicate general standards of service; they do not constitute warranties regarding exact accommodations, aircraft, or room views. The travel information that we provide you on our site and in newsletters, brochures and the like about options for Accommodations, excursions, restaurants, bars/clubs, etc. comes from a variety of sources, including information published by the establishments themselves, by other travel guides, and on-line research, and is believed to be accurate. Nonetheless, some of the information could not be independently verified and may be inaccurate and not up to date. You should not view the information as recommendations, and should do your own investigation to confirm that the business/site in question is still operational and suits your needs.
Travelopod may occasionally use traveler testimonials, photos, or likenesses submitted to us or taken during group activities for promotional purposes without compensation, and Traveler grants Travelopod an irrevocable, royalty-free license for such use. Traveller fully consents to such use of Traveller’s statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to Traveller and grants Travelopod a non-revocable license for said use.
- Limitation of Liability - IN NO EVENT SHALL TRAVELOPOD WORLDWIDE INC., TRAVELOPOD, INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF OPPORTUNITY, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
IN NO EVENT SHALL TRAVELOPOD’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL COMMISSION OR SERVICE FEES ACTUALLY RECEIVED BY TRAVELOPOD FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
TRAVELOPOD ACTS AS AN INDEPENDENT SALES AGENT AND INTERMEDIARY FOR THIRD-PARTY SUPPLIERS AND CARRIERS. ALL SUPPLIERS PROVIDING TRAVEL SERVICES AND ACCOMMODATIONS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELOPOD. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVELOPOD ASSUMES NO LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, ACCIDENT, DELAY, IRREGULARITY, OR NON-PERFORMANCE CAUSED BY ANY ACT, OMISSION, DEFAULT, BANKRUPTCY, OR NEGLIGENCE OF ANY THIRD-PARTY VENDOR, GOVERNMENTAL BODY, OR ACT ATTRIBUTABLE TO THE TRAVELER.
- Disclaimer of Warranties - UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, ALL SERVICES AND PRODUCTS FACILITATED BY TRAVELOPOD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVELOPOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Indemnification and Release - Except as otherwise set forth herein, Traveller hereby releases, forever discharges Travelopod Worldwide Inc., Travelopod, Inc., and their respective officers, directors, agents, employees, and affiliates from any and all liability, loss, damages, claims, or costs arising out of Traveler’s participation in a Trip, whether caused by the act or omission of a Supplier, accommodation provider, third party, or Traveler's own conduct.
Traveler further agrees to indemnify, defend, and hold harmless Travelopod Worldwide Inc. and Travelopod, Inc. against any and all claims, damages, liabilities, judgments, settlements, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Traveler's booking, violation of these Terms, breach of third-party supplier rules, or violation of any law or rights of a third party.
- Force Majeure - Travelopod shall not be held liable or responsible, nor deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from acts of God or events beyond our reasonable control (“Force Majeure”). Force Majeure events include, but are not limited to: severe weather, hurricanes, earthquakes, floods, fires, volcanic eruptions, war, acts of terrorism, civil unrest, strikes, labor disputes, epidemics, pandemics, government-mandated border closures, public health emergencies, travel warnings or alerts issued by the World Health Organization, Centers for Disease Control and Prevention, or U.S. Department of State, utility interruptions, or carrier insolvencies. Travelopod reserves the right to alter or cancel any Itinerary necessitated by a Force Majeure event, and refunds will be strictly limited to amounts recovered from underlying Suppliers.
- Special Rules Regarding Air Transport -
- Conditions of Carriage: Air transport is governed by the operating carrier's conditions of carriage and published tariffs. Travelopod does not operate aircraft, cannot guarantee aircraft types, and is not responsible for airline schedule adjustments, mechanical delays, or cancellations.
- Schedule Alterations & Connecting Flights: Airlines retain the right to change schedules, routings, and equipment at any time. When independent connecting travel is arranged, Traveler is advised to book flexible connections and allow sufficient transit time. Travelopod cannot reimburse expenses incurred from missed independent connections.
- E-Ticketing Constraints: Pursuant to IATA standards, all tickets are issued electronically. Where technical constraints, infant ticketing, or interline limitations make issuance impossible, Travelopod reserves the right to cancel the booking without liability and provide a full refund of payments received.
- Failure to Check In (No-Show): Failure to check in for any leg of an itinerary will result in the automatic cancellation by the airline of all downstream and return segments without refund eligibility.
- Return Reconfirmation: Travelers must monitor carrier schedules and reconfirm return flights directly with the operating carrier at least 72 hours prior to scheduled departure.
- Luggage Liability: Airlines are solely responsible for lost, delayed, or damaged checked luggage subject to international conventions (Warsaw and Montreal Conventions). Travelers must file property irregularity reports (PIR) directly with the carrier before exiting customs. Additional fees for checked, overweight, or oversized baggage are payable directly to the carrier.
- Babies and infants: Babies (up to 2 years of age) do not occupy a seat; the price of the ticket is generally 10% of the official rate. On certain flights children (from 2 to 11 years of age) may be granted a reduction, except on charter flights.
- Pregnancy: Different airlines have their own restrictions on when pregnant women may fly on their plane, which can range from prohibiting flying anywhere from 7 to 30 days by the due date. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, Travelopod will not be responsible for any resulting cancellation fees and charges.
- Representations and Warranties - Traveler represents and warrants that: (i) Traveler has full legal capacity and authority to enter into and perform obligations under these Terms; (ii) Traveler will comply with all applicable laws and respect local customs; and (iii) all passenger and payment information provided to Travelopod is true, current, and complete. Traveler authorizes Travelopod to conduct lawful verification to confirm booking eligibility and fraud prevention.
- Medical and Physical Condition; Medical Emergencies - Certain travel activities (including walking tours, water sports, expeditions, and altitude travel) require physical fitness and specific capabilities. Traveler certifies that Traveler and all members of Traveler's party are medically fit to undertake the booked Itinerary and will not consume substances that could impair physical or mental faculties during activities.
Travelers are solely responsible for carrying, managing, and administering their own medications. Medical facilities and personnel in foreign countries may not meet domestic standards, and medical evacuation may be difficult, delayed, or unavailable. Travelopod is not responsible for the availability, standard, or cost of any medical care or evacuation provided during a Trip. YOU ASSUME ALL RISKS AND COSTS OF ANY MEDICAL TREATMENT OR EVACUATION REQUIRED DURING YOUR TRIP.
- Disputes: Governing Law, Jurisdiction, etc. - These Terms and Conditions, and any dispute or controversy arising out of or related to your booking, our platform, or services, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Traveler and Travelopod agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal or state courts located in Santa Clara County, California. Each party irrevocably submits to the exclusive personal jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.
- Attorney’s Fees, Costs, and Expenses - If any act of law or equity, including an action for declaratory relief or any arbitration proceeding is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Trip, our Privacy Policy, Travelopod’s website or any literature or materials concerning Travelopod, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
- Assignment - Travelers may not assign or transfer their rights, bookings, or obligations under these Terms and Conditions without the prior express written consent of Travelopod. Travelopod may assign its rights and duties hereunder to any affiliate or successor without restriction.
- Severability and Survivability - If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, void, or unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Any term that by its nature contemplates continuing performance or protection—including Sections 3, 5, 11, 15, 16, 17, 22, and 23—shall survive the termination, expiration, or fulfillment of this Agreement.
- Entire Agreement, Waiver, Etc. - These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's right thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Travelopod does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in writing signed by both the parties.