Terms of Use

1. GENERAL PROVISIONS

These terms and conditions outline the rules and regulations for the use of OVAGO Company’s Website, located at OVAGO.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use OVAGO.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms:

“Client”, “You” and “Your” refers to you, a natural or juridical person who logs on to this website and is compliant with the Company’s terms and conditions.

“The Company”, “OVAGO”, “Ourselves”, “We”, “Our” and “Us”, refers to TripRobotics Inc., 1000 N. West Street, Suite 1294, Wilmington, Delaware 19801, California CST: 2157896, Florida ST:45218.

“Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2. CONDITIONS TO USE

In order to use Our website or our Services and Products:

• You must be at least 18 years of age;
• You must use OVAGO in compliance with these Terms of Use;
• You must have the legal capacity to enter into a binding legal agreement;
• You must only use the services of OVAGO to make reservations of any form offered by Our services, only if You are authorized to do so both on your behalf and on behalf of third parties;
• all information supplied by You must be true, accurate, current and complete.
• You are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.

3. GENERAL RULES AND CONDITIONS

When You book services using OVAGO, You authorize Us, or a third-party service provider, to act as Your representative during the process of booking such services from the selected Travel Supplier (defined below). By doing so, You also authorize us to make a payment for the above-mentioned products/and/or services in Your name and on Your behalf, as required. We shall ensure the tickets are issued and will charge You, accordingly, depending on which product You book. The amount You are going to be charged will be displayed before Your booking is confirmed by You.

Travel Supplier shall include any travel service providers, including but not limited to airlines, online travel agents, rental car companies, cruise operators, hotels and other short-term lodging facilities, and other providers of travel services.

You are obliged to deliver all data complete and error-free, which is necessary for booking. In case the information is inaccurate, incorrect or payment is processed with a credit card from a third person, We may require additional verification.

We are not responsible for scheduled changes or cancellations of Your travel or travel plans by the Travel Supplier. Airlines and other Travel Suppliers may modify, cancel or reschedule the flights, or other travel services, they process. If there are any issues related to the travel booking that have been contracted through Our services, do not hesitate to let Us know about this. We are looking to resolve any situation as soon as possible and within commercially reasonable standards.

You agree that OVAGO may contact You regarding important or critical updates related to Your booking or travel via email, SMS, or phone calls. See also SMS Transactional Terms and Privacy policy.

4. INTELLECTUAL PROPERTY

Information accessible via the Company site, its original content, features and functionality are and will remain the exclusive property of OVAGO and its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. The reproduction or use of the trademarks, commercial names or any other distinctive signs, including the website of OVAGO, is prohibited and will be prosecuted, according to the applicable national and international legislation.

Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them.

5. TICKETING POLICIES

Once You have completed Your booking via OVAGO, You will receive an Order Confirmation from Us to the email address You provided. This email serves as proof that You have successfully made an order via OVAGO and it reflects Your Passenger(s) details, Itinerary Details and Summary of Charges.

Please note that with the Order Confirmation, we acknowledge that the order was received and is processed by Us or by a third party. The Order Confirmation shall not serve in any case as an electronic ticket or a guarantee to board the plane. Once the payment is received and Your reservation is ticketed, You will receive a separate email with the e-ticket receipt.

The ability to cancel or modify a booked flight is restricted and will depend on the airline's fare rules or other terms and conditions. While some airlines may allow free cancellation within 24 hours after the ticket issuance, this possibility is limited for specific airfares and ticket types. If You wish to cancel Your reservation, please contact Our Customer Care representatives at +18884574490 and request the cancellation policy of Your ticket.

Changes to name details are restricted by many airlines, therefore in case any change is required, You should be aware that modifications are only allowed in accordance with the airline's policy. Most airlines treat a name change as a cancellation, to which standard conditions and charges would apply.

In case that You request any changes and/or modifications caused by a change in Your travel plans or Your personal circumstances (cancellation or modification), in addition to the terms and conditions of the airline company, Our processing fees will apply.

You may be entitled to a partial refund if you cancel your booking. In addition to the cancellation terms and conditions of the airline company, our standard processing fees will apply.

Post-Ticketing Processing Fees. Quoted per passenger

The refundable amount will be credited back to the original source of payment, however, please be advised that the return period depends on your bank policy.

If you have booked with us any products or services, including flights, but don't turn up to check-in (no show), or, otherwise, do not avail yourself of the purchased products or services, you will not be entitled to any refund. You may, however, be entitled to a tax refund as you have already paid for your flight. This provision is subject to relevant airline policy.

*Applicable from 28 November 2024

6. BAGGAGE ALLOWANCE

The Baggage Allowance is reflected on the order confirmation with OVAGO and as well as on the e-ticket receipt.

The Customer should check directly with the airline, indicated on Your itinerary, for the latest baggage allowance information in order to learn about the permitted count, size, and weight for every type of item You would like to bring on the trip.

Some airlines offer lower fares that do not include luggage. Once You have selected your flight, check the order confirmation to find out if luggage is included in Your fare.

With regard to the policy of charging baggage fees, it can be changed at any time by each airline company. OVAGO does not control and has no input into luggage fees charged by airlines. There are airlines that charge baggage fees for any luggage You carry. If Your luggage exceeds the weight, size or number specified in the airline policy, the airline may charge additional charges for carrying luggage. OVAGO bears no responsibility or liability for luggage fees you incur and are charged by the airline.

7. TRAVEL SUPPLIERS: RULES AND RESTRICTIONS

These Terms of Use extend to all services provided by Us related to OVAGO, including the services you book through Us from Travel Suppliers; however, Travel Suppliers may have additional terms that may apply to your booking.

We encourage You to study in detail both these Terms of Use and those of the Travel Suppliers, so that You are aware of all the terms, conditions and policies that apply to Your travel services.

Since You are contracting for the booking of travel services through Us, You hereby agree to all fees charged for these travel services, including those additional fees that Travel Suppliers may require. We reserve the right to cancel Your booking if full payment is not received in a timely fashion. Some Travel Suppliers may require You to present a credit card or cash deposit upon check-in to cover additional expenses incurred during Your travel. Such a deposit is unrelated to any payment received by OVAGO for Your booking. As such, OVAGO bears no responsibility or liability for any additional expenses incurred by You during Your travel.

You agree and understand that any breach of the rules and restrictions of the Travel Suppliers by You may result in the cancellation of Your reservation, the denial of access to the applicable product or travel services, the loss of any funds paid for such reservations and, or the debit of Your account for any costs We incur as a result of such an infringement.

8. REQUIREMENTS FOR TRAVEL

Not all documents listed below are required for all travel, and requirements vary depending on your destination, connections and visa/passport status. Please consult your local embassy or the government department responsible for posting travel requirements.

• “Real ID-compliant” - Driver’s License, US military ID, US passport, or other accepted identification to fly within the United States.
• Valid passport.
• Sometimes visa requirements (for more information contact the Embassy of the visiting country).
• Depending on the destination, a negative Covid-19 test is required (for more information check the entry requirements of Your destination country).

Our Company is not liable if you are refused entry onto a flight or into any country, due to your conduct, including your failure to carry the correct and adequate travel documents required by any Travel Supplier, authority, or country (including countries you are transiting through).

We are not responsible for any risks associated with traveling to different countries or the specific risks that particular countries pose, and We disclaim all liability for any damages or losses related to travel to those particular countries.

9. PAYMENT

When You make a booking via OVAGO, You will need to provide us with accurate credit or debit card details. By providing Your credit or debit card information, you authorize OVAGO, or a third-party service provider of OVAGO, to charge You for the total amount of travel services. You may see multiple charges: “Fares” and “Taxes and Fees” for the travel services equally the Total Amount as quoted in your booking.

If We encounter any issues while processing Your payment, We will notify You. We will not be liable for any subsequent price increase as a result of payment failure. Any price increases are reviewed with and agreed upon by You before the booking is made.

Neither OVAGO nor any third-party service provider will be under any obligation to issue tickets before the payment process has been completed. You will receive Your booking confirmation and electronic invoice via email to the address You provided at the time of your booking.

10. REFUNDS AND CANCELLATIONS

Voluntary Cancellation by passengers

We understand that travel plans can often change. If You wish to cancel Your booking, depending on Your ticket policy, You may be eligible for a partial refund.

Ticket cancellation must be done at least 24 hours prior to the scheduled departure time. Passengers holding tickets that were not canceled prior to the departure, passengers who did not show up for the flight or did not board after the check-in process, might not be eligible for a refund.

Refunds must be requested only within the ticket validity period and are only possible if/should the fare rules of the purchased ticket permit it. If You purchased a discounted fare, this may be partially or completely non-refundable.

For partially used tickets, the refundable amount will be recalculated according to the unused sector and only if the airline policy allows. If there is no ticket value left, the unused tax (if any) will be refunded.

If Your ticket is not eligible for a refund, We will offer You alternative options according to the fare rules of your ticket (e-credit or exchange if available).

When refunding the ticket, additional flight services purchased from third parties (e.g. insurance, airport transfer) are not canceled automatically. To cancel these services, please request them directly from the third-party provider of the specific service.

Schedule Changes and Involuntary Cancellation

If the airline company cancels a flight or fails to operate it according to the originally scheduled time, You will have the possibility to choose one of the offered alternatives for Your travel arrangements. We will ensure that You are notified of any significant changes once We become aware of them and We accept no liability for any changes or costs incurred that may result.

You will have the choice of accepting the change of timing or a new travel arrangement offered by the airline. If the changes are not acceptable, You might have the possibility to apply for a refund in accordance with the conditions of carriage. In case You are eligible for a refund, Our processing fee applies, as well as the deduction of non-refundable fees.

Applicable surcharges in case of cancellation of the reservation

The ability to refund Your ticket is subject to the rules of the ticketed fare and specific terms and conditions of the airline company, therefore administrative fees and penalties may apply.

Our services are provided in full by Our agents. By services, we mean processing any requests made by You to cancel, change, or refund your ticket. For these services offered by Our company via Our service center, social media, or all other channels, a processing fee of $150 applies. All penalties and fees are calculated per ticket.

Processing fees for customers holding tickets with a Support Package included will be charged in accordance with the type of Package purchased.

Administrative Fees, tips, and/or Support Packages are considered non-refundable charges. Also, any applicable airline penalty or cancellation fee is non-refundable by default and will be deducted from the amount to be returned to You.

We have no influence and therefore cannot be held liable for the outcome of the cancellation/change/refund process, which is the total discretion of the airlines. Nevertheless, the processing fee paid to process Your request, which is not the airline's fee to cancel/change/refund the ticket, is a service provided by Our company and cannot be returned.

Refund Processing Time

In most cases, the refundable amount will be credited back to the original method of payment; however, there are exceptional situations in which tickets will be refunded via alternative methods such as check or PayPal. We will issue refunds for eligible tickets within 20 business days for credit/debit card purchases, but please note that this does not include Your own bank processing time.

11. CREDIT CARD CHARGEBACKS

You can dispute charges with credit card companies ("chargebacks"). If You have a question about a charge on your credit card statement, we encourage you to call customer support and the Travel Supplier prior to disputing a charge with Your credit card company to discuss any questions or concerns about the charges. We retain the right to cancel any travel reservation in the event of a chargeback related to that reservation.

By using OVAGO to make a reservation with a Travel Supplier, You accept and agree to the relevant cancellation policy of that Travel Supplier. In all cases, the cancellation policy of each reservation is made available on our Website when you are making your booking. Please note that certain rates or special offers are not eligible for cancellation or change. By using our service to make a reservation with a Supplier, you waive the right to any chargeback claims mentioned below. OVAGO and its Travel Suppliers deem the following chargeback scenarios as improper and retain the right to investigate and rebut any such chargeback claims, including the right to recover costs of such chargeback claims from You:

• Chargebacks resulting from non-cancellable reservations in the event that OVAGO or the Travel Supplier cannot provide a refund, whether or not the reservation is used.
• Chargebacks resulting from the cardholder's decision to not use a service made available by a Travel Supplier and did not have the right to a refund (e.g., the cardholder did not show up for a scheduled flight, and did not cancel in advance).
• Chargebacks arising from non-compliance with these terms and conditions and policies regarding the cancellation or the refund.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
• Chargebacks arising from the Travel Supplier’s failure to deliver a product or service in a manner that’s consistent with the Travel Supplier’s product description but that You may no longer want or need.
• Chargebacks resulting from the cardholder’s decline to use the available services due to concerns related to COVID-19 or travel restrictions on the cardholder.
• Chargebacks resulting from force majeure or other circumstances (including the bankruptcy of the OVAGO or Travel Suppliers) that are beyond the control of OVAGO or its affiliates.

12. FORCE MAJEURE

Any act or situation which is beyond Our control is known as a “Force Majeure” event. In such a circumstance, We are not liable for any failure to perform, or delay in performance of our obligations or contracts, for interruption of service directly or indirectly from acts of God.

No party will be held legally responsible for any losses or damages of nature incurred or suffered by that other party, as long as this failure or delay is the direct result of a Force Majeure event.

Any act, event, non-happening, omission or accident beyond Our control includes (but is not limited to):

• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disasters.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
• The acts, decrees, legislation, regulations or restrictions of any government.
• Other causes beyond our reasonable control.

We will use our reasonable endeavors to minimize any delay or issues caused by Force Majeure or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure event.

In case of a Force Majeure Event: Your reservation MUST be canceled prior to the scheduled departure date or You risk forfeiture of the value of the tickets and no refund, rebooking or rerouting option may apply. Your entire ticket will be lost. If You’ve already submitted a request for a refund, take note that your refund may take a little longer than normal to complete due to the sheer number of travelers that may be impacted by the same Force Majeure Event.

We are committed to following the established policy and try to prescribe an alternative resolution that will suit both sides. Travel Suppliers might offer waivers to cancel, postpone trips or provide a refund to the passengers that might be accessible in case a specific flight that was affected is canceled. If You request any changes and/or modifications caused by force majeure circumstances (e.g. cancellation or modification), in addition to the terms and conditions of the Travel Supplier, our processing fees will apply.

Types of travel services You may be able to select when booking:

• Cancel/ Credit:

Allows You to cancel now and book new travel at a later date once You are ready to travel again. New dates must be within the Travel Suppliers’s requirements, which usually consist of a rebooking deadline or travel-must-commence-by date. These are typically one (1) year after the date of purchase. This is the preferred and faster option as per the Travel Supplier’s rules and policies, as not all Travel Suppliers allow for a refund option.

• Change:

Some Travel Suppliers will waive their penalty fees to allow You to book new flights. New travel services are subject to the Travel Supplier’s restrictions and fare difference. Changes are only allowed for unused travel services. When You request to change your travel service with Us, We will handle fulfilling Your request with the Travel Supplier on Your behalf.

• Refund:

If You cannot change your travel services or dates, You may be entitled to a refund. Some Travel Suppliers allow some tickets to be refunded even if you purchased non-refundable tickets. Refunds are usually only available for unused travel services. When You request a refund with Us, We will cancel Your booking and will handle fulfilling Your request with the Travel Supplier on Your behalf.

We will provide refunds based on the circumstances of the case, and only when the following conditions are met:

(i) the Travel Supplier cancels or significantly changes a flight,

(ii) the Travel Supplier acknowledges that a consumer is entitled to a refund, and

(iii) passenger funds are possessed by OVAGO or OVAGO’s third-party service providers.

If these conditions aren't met, OVAGO or its third-party service provider will not make any refunds. In these cases, the obligation to provide a refund, according to DOT Enforcement Notices, belongs to the airlines, carriers, or Travel Supplier.

IMPORTANT:

• Our Company services are provided in full by our third-party service providers, by services we mean processing any requests made by the Customer to cancel, change the flight or refund requests, so for these services offered by Our Company a separate reduced fee will be charged.
• Our Company has no influence and therefore cannot be held liable for the outcome of the cancel/change/refund process, which is at the total discretion of the Travel Supplier. Nevertheless, the fee paid to process your request, which is not the Travel Supplier's fee to cancel/change/refund the ticket, is a service provided by Our Company and cannot be returned or refunded to you, even if the outcome of the cancel/change/refund request is unsatisfactory to You.

13. LIMITATION OF LIABILITY

All information contained on Our website is disseminated as is and without any guarantee of accuracy or being free from errors or omissions. We do not guarantee in any way the timeliness, accuracy or availability of information unless these are guaranteed by statute or other laws and international treaties. In no event, including, but not limited to negligence, will, OVAGO, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website, OVAGO and its contents (collectively the "Covered Parties"), be liable to any person or entity for any injury, loss, claim, damage or for any special, punitive, exemplary, direct, indirect, incidental, compensatory or consequential damages of any kind, regardless of whether are based on the contract, tort, negligence, offenses, strict liability or otherwise, arising out of or in any way related with the activities or business of our Company, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) the use, or inability to use, unauthorized use of, performance or non-performance of the Website or the services or materials on the Website or the reserved travel reservations through the call center, even if they are informed about the possibility of such damages; (iii) unauthorized access to or tampering with Your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) any transactions entered into through this Website; (vii) any damages or viruses that may infect computer equipment or other property, or any loss of data, access, use or use of Your account browsing the Website, or downloading materials, data, text, images, videos, audio or other information from the Website or associated with any e-mail or links sent by OVAGO or its third party service providers; or (viii) damages otherwise arising out of the use of the Website, any delay or inability to use the Website, or any information, products, or services obtained through the Website.

In no case shall Our total liability, or that of our Travel Suppliers, exceed the total costs stipulated in the itinerary that generate such liability. Please note that claims or cause of action arising out of or in connection with Your access and use, or the purchase of products and/or services from the Website must be submitted within one hundred eighty (180) days from the date the purchase was completed. If legislation in force does not allow limits or exclusions regarding the liability for the harmed damages, the ones indicated above may not apply in Your case. Your use of the Website will be at Your own risk. Our Company acts as an intermediary or as an agent for the products and services related to travel such as air transport, hotel accommodation, meals, travel insurance, car rentals, etc.) and We are in no way responsible for the products and services of these Travel Suppliers.

The Travel Supplier that provides travel or other services on OVAGO are independent contractors and not agents or employees of OVAGO, its third-party service providers or OVAGO Covered Parties. OVAGO and Our subsidiaries are not responsible for the acts, errors, omissions, representations, guarantees, violations or negligence of such providers or any personal injury, death, loss, accident, delay, material damage or other damages or expenses resulting from these Travel Suppliers. We have no liability and will not make any refund or accept responsibility for any damage in case of any delays, cancellations, overbooking, strike, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, force majeure or other causes beyond the Covered Parties’ direct control.

No Covered Party shall be responsible for any Service Provider's breach of warranty, nor for any other wrongdoing of a Service Provider (including any liability in tort), as to any products and/or services available through OVAGO. No Covered Party shall be responsible for any Service Provider's failure to comply with these Terms of Use or with applicable federal, state, provincial and local law.

By using Our site, You hereby agree to the Terms of Use and you will not bring any legal proceedings against OVAGO, or its Covered Parties. Therefore, both OVAGO and its Covered Parties are not responsible for any loss or damage to the property or injury of any person caused by any defect, negligence or any other wrongful act of omission or any non-compliance by any kind.

Further, any inconvenience, loss of pleasure, mental suffering or other similar matter; any delayed departure, missed connections, replacement of accommodations, termination of service or changes in rates and charges; any cancellation or double reservation of reservations or tickets outside the reasonable control of OVAGO; and any claims of any kind arising out of or in connection with air transport or other transport services, products or other features performed (or not) or arising (or not) in connection with Your travels are not the responsibility or liability of OVAGO and its Covered Parties. Additionally, OVAGO is not responsible for any delays, cancellations or changes to the flight programs performed by the airlines. The limitations specified in these Terms of Use will survive and apply even if it is found that any limited remedy specified in these Terms has failed to achieve its essential purpose. The limitations of liability provided in these Terms of Use are to ensure the benefit of OVAGO and its Covered Parties.

14. INDEMNIFICATION

You agree to indemnify, defend and hold Our Company its Covered Parties, associates, partners, business partners and/or their respective traders and any of their respective leaders, officers, directors, managers, employees and agents harmless from and against any third party declarations, causes of action, requests, reclamations, losses, injuries, fines, sanctions or other amounts of any kind, including legal and accounting expenses, arising from:

• your exploitation of OVAGO;
• your infractions of laws or the rights of a third party; or
• your alleged breach of these Terms of Use or use of Services.

15. DISPUTES RESOLUTION

DISPUTE RESOLUTION PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND TripRobotics Inc ARE UNABLE TO RESOLVE A CLAIM OR DISPUTE, THE CLAIM OR DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR OR PANEL OF ARBITRATORS INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU AND TripRobotics Inc ALSO AGREE THAT ANY CLAIM OR DISPUTE CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS IN THIS SECTION. IF YOU DO NOT ACCEPT THEM, YOU MAY NOT USE THE SITE.

If any provision in this section is found to be invalid, void, or unenforceable, then such provision shall be severed from this section and the remaining provisions in this section shall remain in full force and effect to the greatest extent permitted by law.

ARBITRATION AGREEMENT. If you have a claim or dispute with TripRobotics Inc, we hope to resolve it as quickly and easily as possible. First, discuss your claim or dispute with a customer service representative. If the customer service representative and ultimately TripRobotics Inc are unable to resolve your claim or dispute, you agree that either TripRobotics Inc or you can initiate binding arbitration as described herein. This binding arbitration is the only method for resolving any such claim or dispute.

Arbitration means an impartial third party will hear the claim or dispute between TripRobotics Inc and you and provide a decision. Binding arbitration means the decision of the arbitrator or panel of arbitrators is final and enforceable. A claim or dispute is any unresolved disagreement between TripRobotics Inc and you. A claim or dispute also includes a disagreement about this Arbitration Agreement’s meaning, application, or enforcement. The arbitrator or panel of arbitrators shall decide any claim or dispute under this Arbitration Agreement. The arbitrator or panel of arbitrators shall have the sole authority to rule on his or her own jurisdiction, including any challenges or objections concerning the existence, applicability, scope, enforceability, construction, validity and interpretation of this Arbitration Agreement and any agreement or waiver to arbitrate a claim or dispute hereunder. TripRobotics Inc and you each agree to waive the right to a jury trial or a trial in front of a judge in a public court.

This Arbitration Agreement is governed by the Federal Arbitration Act. The American Arbitration Association will administer each arbitration and the selection of arbitrators will be according to the applicable rules for the American Arbitration Association. The arbitration will be held in DelawareDallas County, Texas. TripRobotics Inc is responsible for paying for the fees and expenses of arbitration for any non-frivolous claim; provided, however, that each party shall bear the expense of its own counsel.

No amendment to or termination of this Arbitration Agreement shall apply to a claim or dispute of which TripRobotics Inc had actual notice on the date of amendment or termination.

CLASS ACTION WAIVER. Neither TripRobotics Inc nor you will be entitled to join or consolidate claims or disputes by or against others as a representative or member of a class, to obtain relief in any arbitration in the interests of the general public, or to act as a private attorney general. In other words, any claim or dispute between TripRobotics Inc and you shall not be the subject of a class action lawsuit or arbitration proceeding but rather an individual, one-on-one arbitration between TripRobotics Inc and you. This Class Action Waiver provision is independent of the Arbitration Agreement provision, and no waiver of the Arbitration Agreement provision shall nullify this Class Action Waiver provision.

GOVERNING LAW, JURISDICTION, AND VENUE. These Terms of Use and Conditions shall be interpreted and enforced according to the laws of the State of DelawareTexas without application of its or any other jurisdiction conflicts or choice of law rules. Subject to the Arbitration Agreement, for any action or proceeding regarding these Terms, TripRobotics Inc and you irrevocably submit to the exclusive jurisdiction of the state and federal courts located in DelwareDallas County, Texas and the venue shall exclusively lie in DelawareDallas County, Texas to the express exclusion of all other venues. TripRobotics Inc and you consent to and irrevocably waive any challenge to the jurisdiction, forum, venue, or inconvenience of such courts.

16. RELATED LEGISLATION

You should know that any travel in other countries to arrive at Your destination, most probably are subject to the Montreal Convention, or now to the Warsaw Convention and its amendments, in particular cases can be regulated by Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The contract of carriage by a carrier may be limited by these international laws, but both the contract of carriage and these laws limit the liability of the carrier.

17. NOTICE OF CONTRACT TERMS INCORPORATED BY REFERENCE

1. An airline's individual terms and conditions, related rules, regulations and policies and any applicable costs will apply to Your travel on that airline.
2. If You use more than one airline for your travel the conditions, regulations and any applicable charges may apply to You for each airline.
3. The conditions, regulations and any applicable charges of each airline are, by this notice, incorporated into and made part of your contract of carriage.
4. The conditions may include but are not restricted to:
   • Conditions and limits on the airline's responsibilities for the bodily wounds or death of passengers.
   • Application of the airline's conditions and limits of responsibilities to the acts of the businesses and people, associated with the airline, their supporters and representatives, including anyone, providing services or goods to the airline.
   • Claims, restrictions, including time limits by which passengers must file claims or bring legal actions against the airline.
   • Rules about reconfirmations or reservations; check-in times; the use, duration and validity of air transportation services; and the airline's right to refuse passengers access to the aircraft.
   • Rights of the airline and limits on the airline’s responsibilities for delay or failure to achieve service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the airline to notify passengers of the identity of the operating carrier or substituted aircraft.
   • Rights of the airline to refuse access to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where tickets are sold. Many airlines also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the airline's airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each airline all free of charge.
6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as an agent for the other carrier.

18. PROHIBITED ITEMS

For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gasses, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with Your carrier. Laws forbid the carriage of dangerous materials aboard aircraft in Your luggage or on Your person.

19. TRAVEL INSURANCE

Travel Insurance is available from Travel Guard

20. DISCOUNT COUPONS

A Discount Coupon is a voucher you have received by email accompanied by a code that can be used to book airline tickets on OVAGO.com.

• Voucher Usage:

To apply for the voucher, go to OVAGO.com, select the desired flight option, and insert the voucher ID on the checkout page. Please note that you can choose any flight available, even if the flight takes place after the voucher's expiry date.

A coupon can be applied only on tickets purchased directly from our website.

Coupons are applicable per passenger. One Coupon can only be used to discount the ticket price of one passenger. Vouchers cannot be used to discount the price of infant tickets.

• Validity:

Vouchers are valid for 1 year after the date of issue.

Each voucher code can only be used once at OVAGO.com. Making multiple copies, modifying, or changing a Voucher is not permitted in any way.

• Transferability:

Vouchers issued by OVAGO can be transferred to another passenger. To transfer this voucher you must provide the passenger with the voucher ID. Disclosing this information to any person shall constitute authorization for that person to use the voucher. The owner is solely responsible for protecting this information from disclosure and OVAGO assumes no responsibility for unauthorized use of the voucher by any person who presents this data at the time of purchase.

• Theft or Loss:

The voucher will not be replaced if lost or stolen.

21. ADDITIONAL SERVICE BUNDLES

The service bundles offered along with the tickets, allow You additional flexibility in case of reservation changes or refunds, ticket cancellations within 24 hours of purchase, and Price Drop Protection offers further price protection services, subject to the following terms:

• You can either choose to purchase a Standard plan or Plus plan service bundle.
• Reservation changes include, but are not limited to date change, routing change, name correction and seat reinstatement.
• Our regular processing fee when a reservation change is requested is $150.00. If a service bundle is acquired the processing fee is reduced to $50.00 with the Standard plan, and is completely removed with the Plus plan.
• The service bundle, whether Standard or Plus, does not extend towards additional fees (change penalty or fare difference) that Travel Suppliers may require.
• Price Drop Protection is a service offered in addition to the ticket which consists of OVAGO searching for your exact itinerary (flight numbers and travel dates, fare conditions) within 72 hours after Your booking in order to spot any price changes that can lead to additional savings on the ticket(s) You booked on KAYAK.
• The eligible cashback amount will be credited to You via the original form of payment.
• The Price Drop Protection is not available on all itineraries or all airlines and it does not serve as any sort of guarantee of savings. If within 72 hours OVAGO is not able to spot price changes, the ticket(s) will remain as originally booked.
• Costs for Standard and Plus plans are non-refundable and shall be considered consumed once any of the given available options are exercised.
• Priority Assistance Service entails that Users will be accorded priority in handling inquiries and support requests. With this service, the user’s request will be addressed with higher precedence compared to those of non-Priority Assistance users.

*Applicable from 28 November 2024

22. CANCEL FOR ANY REASON (CFAR) PLAN

The second package offered in addition to the airline ticket cost is the Cancel for Any Reason plan. It allows the customers to request ticket cancellation without any documentation and receive a partial refund under the below terms:

• The cancellation request must be made with our Customer Care department via phone or ‘Contact us’ form at least 24 hours prior to your first scheduled departure.
• The plan does not apply to tickets changed or canceled directly with the airline. In such cases, the plan is to be considered no longer applicable.
• Once the 24 hours prior to the first departure limit has been passed, the Plan will be considered consumed and airline-imposed fare rules will apply
• The Cancel For Any Reason (CFAR) plan is nonrefundable
• The cancellation request applies for the whole booking. It can not be applied to an individual flight segment.
• The plan does not offer coverage after the trip has started, including requests at the airport and/or at the point of destination.
• Once a valid cancellation request is received, the customer will be refunded the full cost of the ticket.
• The plan does not cover any additional purchases related to the ticket expenses (pre-selected seats, additional baggage, insurance packages, etc.). Such expenses will not be refunded.
• For this plan, the refund will be issued within 15 days from the day of the request. The refund money will be transferred to the original form of payment.
• The plan is considered used and nonrefundable in the case of full refunds being issued by the airline due to involuntary flight cancellation because of airline schedule changes, irregular operations, or other Unforeseen Circumstances.

"Unforeseen circumstances" means any extraordinary event that can be described as any circumstance beyond the reasonable control of an airline. For example, but not as a limitation, hurricanes, floods, earthquakes, cyclones, thunderstorms, blizzards, volcanic eruptions, high winds, excessive precipitation, wildfires and other natural disorders, or civil disorder and unrest, political instability, quarantine, aircraft maintenance problems and security issues.

23. TRAVEL PROTECTION PLAN

The purpose of the Travel Protection Plan (further on TP) is to provide advanced concierge services, including assistance with refunds and reservation changes due to flight cancellations, medical reasons, and/or other various circumstances that can occur during your trip.

Passengers who acquire our TP plan will receive assistance services at their earliest convenience. We also undertake to handle all the cases related to the airlines on your behalf.

Please note that the TP plan is not an insurance policy and shall not be treated as such.

The TP plan includes:

• 100% refund for flight cancellation due to Acts of God or airline bankruptcy

The present service includes the passenger's assistance in order to receive 100% compensation in case of flight cancellation due to unforeseen circumstances or bankruptcy of the airline.

For the purpose of this service, the following definitions apply:

“Flight cancellation” means the event that occurs when the airline no longer operates a flight, and they are providing written confirmation of that.

“Unforeseen circumstances” means any extraordinary event that can be described as an Act of God or any circumstance beyond the reasonable control of an airline. Like hurricanes, floods, earthquakes, cyclones, thunderstorms, blizzards, volcanic eruptions, high winds, excessive precipitation, wildfires and other natural disorders, or civil disorder and unrest, political instability, quarantine, aircraft maintenance problems and security issues.

“Airline bankruptcy” means a legal status of an airline of being unable to repay its debts which has been confirmed by a court order.

To obtain the above-mentioned service, a request must be sent to our support team within 24 hours of flight cancellation. The request must contain written documentation issued by the airline confirming the flight cancellation, which allows you to be eligible for compensation.

The refund will be processed within three weeks of receiving the request.

• 100% refund for fully unused tickets in case of hospitalization.

The present service includes the passenger's assistance in order to receive 100% compensation for fully unused tickets in cases when the passenger is hospitalized and as a consequence is unable to take the trip.

For this service, the passenger must submit his/her request to our support team at least 24 hours prior to the flight's scheduled departure. The request must be confirmed by admittance or discharge forms, which should include the exact time period when the passenger is prohibited from making the trip.

The refund is to be processed within three weeks of the request being received.

In the case of partially used tickets, when the passenger is hospitalized and cannot continue the trip, we will work with the airline on behalf of the passenger to reschedule the trip at no charge fees. However, the passenger might be required to cover the difference between fares. The change request is to be processed within 3 days.

• 50% guaranteed refund for fully unused tickets in case of sickness.

This includes assistance to receive a 50% refund of fully unused tickets for passengers unable to make their flight due to sickness.

In this case, the request must be submitted to our support team at least 24 hours prior to the flight's scheduled departure and must be accompanied by a verifiable doctor’s note, which should include the exact time period when the passenger is prohibited from making the trip. The refund is to be processed within three weeks of the request being received.

• Free exchange in case of a missed flight or missed connection.

The present service includes a free-of-charge ticket exchange in case the passenger misses the trip departure as a result of airline schedule changes or unforeseen circumstances, as described above.

In this case, the request must be submitted to our support team at least 24 hours prior to the flight's scheduled departure and the passenger can be rescheduled on a flight within 5 days of the original flight on the same airline.

The change request is to be processed within 3 days.

• Extra air concierge services

This service is available only for the requests submitted at least 24 hours prior to the flight scheduled departure and includes:

• Waiver of our processing fee in case of requests for regular ticket changes or cancellations when the passenger is unable to make his/her trip for any reason.
• A guarantee to find the best available flight options in case of reservation changes.
• Assistance with special services and meal requests.
• A guarantee of request handling and resolution within 3 days of the request being received.

Please note that airline fees and fare differences might apply. Our processing fees are waived only for the first change of the protected reservation.

• Mishandled baggage

This service provides passengers with assistance in order to locate and retrieve any checked baggage that has been lost or misdirected by the airline.

• The service is offered under the below conditions.
• The service is offered per person and per reservation, regardless of the number of stopovers and connections associated with that.
• This service is offered only for baggage checked at the airport. Carry-on bags are not covered.

The service does not cover tickets bought separately, under different airline confirmation numbers and/or different ticket numbers.

If a bag is lost or misdirected the passenger must first report it to the airline by opening a claim and receive a unique identifier associated with that (i.e. reference or tracking number). If the passenger does not mention the given identifier, the request will not be processed.

In such a case, the request must be submitted to our support team within 24 hours of the arrival time of the flight on which the bag was lost, and must contain a copy of the claim submitted by the passenger with the airline. Requests out of the 24-hour window will not be processed.

By submitting such a request the passenger authorizes us to communicate directly with the airline on his/her behalf.

• USD $25.00 voucher for future purchases

Once the Travel Protection Plan has been activated, a bonus voucher in the amount of USD $25.00 will be issued along with it. The voucher is valid for one year after its issuance date. It can be transferred and may be used by any third party. Only one voucher may be used to purchase a ticket.

Other terms:

• The Plan is available for purchase only at the time of booking.
• The fees associated with the Plan are non-refundable and shall be considered consumed once any of the given available options are exercised.
• The services are available to the passenger only and do not apply to his/her companion unless such companions have activated the Plan as well.
• If the passenger is entitled to more than one service or compensation, s/he will be granted only one, exchange or refund. Once such is used, the Protection Plan is to be considered consumed.
• Requests under the Travel Protection Plan are to be submitted to our Customer Care team via the Contact us form, via email at [email protected] or via phone at +18884574490.

24. PRICE DROP PROTECTION

The Price Drop Protection is a service offered in addition to the ticket which implies searching for your exact itinerary (flight numbers and travel dates) within 24 hours after booking to identify any price changes that can lead to additional savings on the ticket(s) you booked with us.

Once the service package is booked, you authorize us by default in case a lower price is found, to rebook your itinerary and reissue your ticket(s) by keeping the same itinerary.

50% of any savings obtained from the given service will be shared with you in the form of a flight coupon that can be used on your next purchase.

The Price Drop Protection is not available on all itineraries or all airlines and it does not serve as any sort of guarantee of savings. If within the given 24 hours we are not able to spot price changes, the ticket(s) will remain as originally booked and we'll not be able to offer any sort of additional value.

Costs for the Price Drop Protection are by default non-refundable and shall be considered consumed once the 24-hour window has passed or the service has been used.

25. FLEXIBLE TICKET

The Flexible Ticket plan is designed to allow customers to make date and time changes on flight booking without covering the airline’s change fees or processing fees. The customer(s) might still have to pay the difference between already paid and new fares, where applicable. If it is necessary to make changes to flight booking, the request must be submitted through our Customer Care team and it will be subject to the below terms:

• The change on a flight booking request must be made exclusively with our Customer Care department via chat, phone, or ‘Contact us’ form at least 24 hours prior to your first scheduled departure.
• The plan does not apply to tickets changed or directly canceled with the airline. In such cases, the plan shall be considered consumed.
• Once the 24 hours prior to the flight departure limit has been passed, the Plan will be considered consumed and fare rules imposed by the airline will apply.
• Flight booking change is possible only within the same airline(s) and same ticket stock. Ticket transfer to a different carrier is not permitted.
• When making the flight booking change the next dates must be set so that these do not exceed 12 months from the date the original ticket was booked.
• Changing the place of departure or destination place is not permitted. When processing the requested change the flight segments must be used in the same order as they were originally booked. Out-of-sequence usage is not permitted.
• Change of a ticket to allow a so-called "stopover" — staying in a connecting city longer than 8 hours—is not permitted.
• The change can be made for the entire trip or for its return once the first part of the trip is completed. It can not be done mid-trip or for a specific flight segment.
• Any reservation change is subject to seat availability. If the requested change results in a more expensive fare, the customer(s) will have to cover the difference.
• Upgrades to a different booking class or a different cabin are not covered by this Plan.
• The Plan does not cover name corrections, name changes, or ticket transfers to different individuals.
• The plan does not cover cases when customers did not show up to their flights or missed their connections for any reason(s).
• No additional-to-the-ticket expenses (pre-selected seats, additional baggage, insurance packages, etc.) are covered by the plan, and will not be transferred towards the new ticket(s) or refunded.
• The Plan covers only the first change, any subsequent changes will be subject to airline-imposed fees and our processing fees.
• The plan is to be considered consumed once the trip is finished or the ticket is refunded.
• The costs associated with the Flexible Ticket plan are non-refundable.

26. AUTOMATIC CHECK-IN

The Automatic Check-In is designed to help the customer avoid airport hassle and long wait lines. If the option is selected we’ll make sure to check you in and send the boarding passes to the indicated email address at least one day before the flight.

If there are no seat preferences indicated, we’ll make sure to select, when making the check-in, the most comfortable seats on your behalf, however, we cannot guarantee that passengers flying together will be seated next to each other.

Once the boarding pass is received, make sure to print this out and when arriving at the airport, just go straight to baggage handling and boarding control.

As well, make sure to not carry any dangerous items in your carry-on or personal belongings.

In some cases, airlines might restrict us from doing the online check-in on your behalf, and when it happens, we’ll inform you via email and will refund the prices of the service. In such cases, the check-in shall be made personally at the airport.

27. REFUNDABLE BOOKING

This extra product has been created for handling certain non-refundable bookings through our partner, Refund Protect.

It allows you to get a 100% refund if you cannot attend your flight due to one or several terms indicated in the following Terms and Conditions provided by Refund Protect. By choosing to protect your booking, you agree to the above-mentioned Terms and Conditions and authorize us to send your booking details to Refund Protect on your behalf. Please note that we do not assume responsibility for the Terms and Conditions or any Refund Protect decision concerning your booking.

Also, consider that, by using the Refund Protect product, the protected share constitutes $10,000 of the booking amount. By purchasing Refundable Booking, you confirm your full acceptance of the Terms and Conditions of this product.

28. ADDITIONAL BAGGAGE

Our company strives to provide our clients with a seamless travel experience. The baggage is an essential aspect of any trip, which is why we offer additional baggage options for those who need it.

The purchase of additional baggage is an optional service and is not required for the transportation of the passenger.

Baggage policies and fees

It’s important to note that each airline we work with may have different baggage policies and fees. We recommend checking with the airline directly for any specific restrictions or fees, so you can avoid any surprises or issues at the airport.

Our terms and conditions for additional baggage also apply:

• Baggage fees are non-refundable: Once you have paid for additional baggage, the fee is non-refundable. If you need to cancel or change your trip, you may be subject to additional fees or restrictions.
• Baggage size and weight restrictions apply: Each airline has different restrictions on the size and weight of baggage allowed. It’s essential to check with the airline directly for their specific policies, as exceeding these restrictions may result in additional fees or the need to purchase another bag.
• Limited availability: Additional baggage options are subject to availability, and we cannot guarantee that they will be available for purchase at the time of your booking or departure.

The passenger is responsible for ensuring that their additional baggage is properly packed and labeled. OVAGO is not responsible for any loss, damage or delay of additional baggage.

The airline may change the terms and conditions for the purchase of additional baggage at any time without notice. The passenger should check the airline's website or contact the airline for the most up-to-date terms and conditions for the purchase of additional baggage.

29. SEAT SELECTION

Our seat selection product provides you with greater control, comfort, and convenience in your travel experience. The product lets users select and purchase preferred flight seats through our website.

• Users may purchase seats through the website as an ancillary product to their flight booking. The cost of the seats will be displayed at the time of purchase and will be charged to the user’s chosen payment method.
• The availability of seats may vary depending on the airline, flight, and time of booking. The website does not guarantee the availability of any particular seat. It does not guarantee that they will be available for purchase during your booking or departure.
• The seat purchase is confirmed when it is explicitly mentioned in the travel data: e-ticket and trip overview on OVAGO website. Your purchase is valid for the seat type, flight(s), and date(s) shown in the travel data: e-ticket and trip overview.
• Users may select their preferred seats from those available at the time of purchase. The website does not guarantee that the selected seats will be available on the flight, as airlines may change the seating arrangements for operational or safety reasons.
• Our service fee will apply to each seat selection made using our product. The service fee amount is non-refundable.
• You must follow the relevant Rules and Restrictions related to travel with children. Children older than two must have a ticket with a child fare for both the outbound and inbound flights. You will not be eligible for a refund of any seat charges requested during travel if you do not comply. Children under 2 will only get their own seat if a child fare is booked. We recommend checking with the airline directly for any specific restrictions and seat policies.
• If you choose a seat near the emergency exit, in the unlikely event of an emergency evacuation, you will be expected to assist with opening the emergency door.

Cancelation and Refunds:

• Seats purchased through the website are non-refundable and non-transferable between passengers, except for a flight cancellation or change by the airline. In such cases, the user will be entitled to a refund or exchange of their seat. If you need to cancel or change your trip, you may be subject to additional fees or restrictions.
• The OVAGO is not liable for any injury, loss, or damage resulting from using our product
• The seats you paid for will not be refunded if you:
• cancel your flight;
• are involuntarily upgraded;
• are considered unsuited to sit in the seat type you have selected;

The airline may change the terms and conditions for purchasing seats without notice and at any time.

The passenger should check the airline’s website or contact the airline for the most up-to-date terms and conditions for Seat Selection purchases.

You agree to these terms and conditions by accessing or using our product. You may not purchase or use the product if you disagree with these terms.

30. DISCOUNT PASS

The Discount Pass is a value-added service provided by a third party, available to all users of the Website who wish to access discounts and special offers for entertainment and leisure activities across the United States, Canada and Mexico.

With the Discount Pass, users can enjoy exclusive discounts on a range of entertainment options, including but not limited to theme parks, museums, theaters, restaurants, tours, and recreational activities. Accessing and redeeming these discounts and deals is made easy for users through the provided link.

Please note that subscriptions to the Discount Pass Product are non-refundable.

The OVAGO does not bear responsibility for the quality of services or products offered by third-party vendors or providers. Users should review the terms and conditions associated with each discount or deal before redeeming them. In case of dispute regarding discounts or services, users should directly contact the third-party vendors or providers.

31. DISCLAIMER REGARDING BLOG CONTENT AND FIGURES

The information, data, and figures presented in our blog articles are provided solely for informational purposes and do not constitute a binding offer or commitment to render services at the prices referenced therein. Such figures, including but not limited to average flight prices, ticket price fluctuations, and other travel-related statistics, are derived from publicly accessible sources and may not be accurate, exhaustive, or up-to-date. All prices and availability are subject to variation and may change without prior notice. You are strongly encouraged to independently verify current prices and availability directly with airlines or service providers before making any travel-related decisions or arrangements.