Haut Monde Travel Terms of Service

Last Updated: July 20, 2024

1. Acceptance of These Terms of Service

Haut Monde Travel, LLC (“Company,” “HMT,” “we,” “us,” or “our”) provides access to our platform and related content to you (“Customerr”) through our website(s) located at www.hautmondetravel.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps,” and collectively, such Mobile Apps and the Site, the “Service”). Access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.

We respect the privacy of our users. For more information please see our Privacy Policy (the “Privacy Policy”) by visiting the “Privacy Policy” link on the Service. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein. Subject to our privacy procedures as described in the Privacy Policy, Company may work with one or more third party providers to access and retrieve your account information.

The Site allows the reservation of rooms in hotels or other types of accommodation that Haut Monde Travel partners with (collectively referred to as the "Properties").

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features, such as the Attorney Agreement (as defined below).

Prior to reserving any Service on the Site, the Customer declares:

  1. that said Customer is acting for their own personal purposes that are not part of any commercial activity; and

  2. the Customer is at least eighteen years of age and has the full legal capacity to accept these current Terms.

2. Access and Use of the Service

  1. Service Description

    1. Booking Service: Reservation services for hotel rooms or other types of accommodation ("Accommodation Services").

  2. Accommodation Services

    1. The essential characteristics, availability dates, price, options offered, payment conditions and particular conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the offered Properties are presented during the reservation process.

    2. In this respect, it is noted that each Property has its own special terms and conditions applicable to the selected rate also available on the Site (the "Rental Agreement") which are brought to the attention of the Customer prior to any reservation on the Site. For example, check-in and check-out times, guarantee policy, cancellation period, Wi-Fi access, specific conditions applicable to children, and whether animals (with the exception of service animals) are permitted in the Property.

  3. Service Use

    1. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any purposes, any portion of the Service, use of the Service, or access to the Service.

  4. “As Is” Status

    1. By accepting these Terms of Service or using the Service, you understand and acknowledge that the Service is being provided and made available on an “As Is” or “As Available” basis. The Service may contain bugs, errors, and other problems. Company strongly recommends that you back up all data and information prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, Company is not obligated to provide any maintenance, technical, or other support for the Service.

  5. Your Registration Obligations

    1. You may be required to register with Company or provide information about yourself (e.g., name and email address) to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under eighteen (18) years of age, you are not authorized to use the Service, with or without registering.

  6. Member Account, Login, and Security

    1. You are responsible for maintaining the confidentiality of your login and account details, if any, and are fully responsible for any and all activities that occur under your login or account. You agree to (a) immediately notify Company of any unauthorized use of your login or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.

  7. Modifications to Service

    1. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof including beta services) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (or any part thereof).

  8. General Practices Regarding Use and Storage

    1. You acknowledge that Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service or Company, and the maximum storage space that will be allotted on Company’s or its third-party service providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Service. You acknowledge that Company reserves the right to terminate accounts, including free trial accounts, that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. Price and Payment

  1. Price

    1. The prices related to the reservation of the Services are indicated before, during and after the reservation.

    2. When confirming the reservation of a Service, the total price is indicated to the Customer through email and will include taxes and fees. The Customer must confirm the price and it will be valid only once the reservation becomes final.

    3. Perks are offered by each Property and are the sole responsibility of each property to provide to the guest. The Company makes no promise of perks being provided.

    4. In general, the prices displayed on the Site are determined through a practice of yield management. They may vary according to the reservation period (advance reservation or close to the date of stay), the dates of stay sought (weekdays/weekends, season, school holidays, public holidays, events, etc.), according to the size of the expected demand or other factors such as the geopolitical, climatic or economic context.

  2. Payment

    1. The Customer must provide payment information as a guarantee of reservation.

    2. If the Customer has not pre-paid for their stay online, the Property may, upon arrival, ask the Customer for a deposit or an authorization to debit the payment card to guarantee payment of the sums corresponding to the services consumed on-site.

    3. The Customer's credit card is not debited and payment for the stay is made directly to the Property on the day of arrival or departure, depending on the Property, unless the Customer does not show up at the Property and has not previously canceled the reservation in accordance with the cancellation conditions of the reserved rate.

    4. Notwithstanding any amounts owed to Company hereunder, Company does not process any payment for any services. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, if you use the payment functions of the Service, you also agree to be bound by the applicable Payment Processor Agreement for the payment function that you are using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Company assumes no liability or responsibility for any payments you make through the Service.

  3. Customer’s Failure to Show Up

    1. In the event of the Customer's failure to show up on the first day of their reservation of a partner Property ("no-show"), the Customer's reservation will be canceled in full.

    2. If the reservation that is the subject of a no-show is a cancellation and/or exchangeable and/or refundable reservation guaranteed by credit card, the Property will charge the credit card provided at the time of the reservation for the non-refundable amount. For Accommodation Services this may include the charges for the first night reserved (plus taxes) but additional nights (beyond the first night) will be canceled without charge.

    3. The Customer is informed that in such a case, the Property will put its rooms back on sale. The Customer will not be entitled to any refund or compensation.

4. Cancelation or Modification of a Service Reservation

For Accommodation Services (the reservation of rooms at a Property or other types of accommodation), it is noted that consumer law provides an exemption to the usual right of withdrawal or cancellation for contracts concerning the provision of accommodation services to be provided at a specified date or period.

For each reservation of a Service, the Rental Agreement specifies the conditions to cancel and/or modify the reservation.

The modification of the reservation of a Service can be done directly with the Property, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.

5. Conditions of Access and Use

  1. Cooperation

    1. You may be asked to provide feedback regarding your use of the Service. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”) provided by you to Company is non-confidential. Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you, and you hereby assign to Company all right, title, and interest (including all intellectual property rights) in and to such Submissions.

  2. Links

    1. The Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not control, endorse or monitor the contents of any Linked Site. These Terms of Service do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

  3. Product Improvement and Aggregated Statistics

    1. You agree that Company has the right to aggregate, collect and analyze your data and information relating to your use of the Service and shall be free to use such data and other information to improve Company’s products and services, including the training, evaluation, tuning and testing of any Company model based on artificial intelligence (AI) technology, such as large language models (“LLMs”), and to disclose any aggregated or otherwise anonymized data resulting therefrom.

6. Obligations and Responsibility of the Customer

  1. The Customer is solely responsible for their choice of Services on the Site and their suitability for their needs, so that HMT cannot be pursued for liability in this regard.

  2. The Customer is also solely responsible for the information provided when creating their account and/or any reservation of a Service. HMT cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for the use of their account and any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform HMT of any hacking or fraudulent use of their e-mail address.

  3. The Customer, in particular, commits to making a final reservation of a Service, pay the price thereof.

  4. Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the expense of the Customer, without prejudice to any action that HMT may bring against such a Customer;

  5. The Customer shall not invite into the Property any person whose behavior is likely to be disruptive to the Property and/or to the stay of other Customers

7. Obligations and Responsibility of the Company

  1. The Company undertakes, within an obligation of means, to provide access to the Site and the Services offered in accordance with the Terms, to act with diligence and competence, and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.

  2. The Company may, however, be forced to temporarily suspend the Site without notice, especially for technical reasons involving maintenance, without incurring liability.

  3. The Properties are operated by legal entities separate from HMT.

  4. HMT serves as an intermediary between each of the Properties and the Customer. It is noted that the Properties are operated by legal entities that are distinct from HMT.

  5. The Customer may not hold HMT liable for any shortcomings attributable to a Property.

  6. The Customer acknowledges and agrees that in the event of litigation and/or a complaint relating to a stay at a Property, the Customer undertakes to exclusively contact the operating company of the Property concerned and that in this respect, the Customer cannot in any way seek the liability of HMT for deficiencies attributable to the Property.

8. Intellectual Property Rights

  1. Service Content

    1. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, including the forms and templates used to create the initial draft of your Premarital Agreement. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

  2. Trademarks

    1. The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

  3. Third-Party Material

    1. Under no circumstances will Company be liable in any way for any content or materials of any third parties (including Customers), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

  4. User Content

    1. You hereby authorize Company and its Third-Party Service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

9. Force Majeure and Relocation

  1. Neither of the Parties can be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a Force Majeure Event. It is expressly agreed that a Force Majeure Event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom.

  2. In the case of a Force Majeure Event, an exceptional event or impossibility to carry out the Service, the Property may reserve the option of providing accommodation to the Customer, in whole or in part, at a Property in the equivalent category or perform a Service of the same nature, subject to the prior agreement of the Customer.

  3. For the purposes of these Terms, “Force Majeure Event” means an event of an extraordinary nature, which was not caused by the Party claiming for it and which was beyond the reasonable control of the Party claiming it (“Claiming Party”). This includes any, but is not limited to:

    1. acts of God;

    2. strike, labor walkout or other labor interruption/disputes;

    3. failure of power;

    4. civil commotion, riots or insurrections;

    5. acts of terrorism;

    6. war/invasion;

    7. embargoes, sanctions or similar restrictions;

    8. damage or destruction;

    9. earthquake, hurricane, flood, fire;

    10. act of a Governmental Authority;

    11. local, regional or world threats or outbreak of infectious disease, epidemic or pandemic disease(s); and

    12. travel advisories or alerts issued by any Governmental Authority or any international agency or body.

  4. Force Majeure Event does not include any party’s failure to pay or reimburse any amounts due hereunder as and when due.

10. Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Company will provide notice to you of any such claim, suit, or proceeding. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without Company’s written consent.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THE COMPANY PARTIES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) ANY MODIFICATIONS, ALTERATION, OMISSION, DELETION, OR INSERTION YOU MAKE TO ANY DOCUMENTS, WORK PRODUCT, OR INFORMATION PRODUCED BY OR RELATED TO THE SERVICE; (F) THE FAILURE TO CONSULT WITH A LICENSED ATTORNEY, ACCOUNTANT, AND OTHER LEGAL AND FINANCIAL ADVISORS PRIOR, DURING, AND AFTER THE USE OF THE SERVICE; OR (G) ANY OTHER MATTER RELATING TO OR RESULTING, DIRECTLY OR INDIRECTLY, FROM THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF YOUR RESIDENCE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF YOUR RESIDENCE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

13. Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate

    1. This section titled “Dispute Resolution by Binding Arbitration” is referred to in these Terms of Service as the “Arbitration Agreement.” You and Company agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between you and Company, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury, unless you proceed in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  2. Prohibition of Class and Representative Actions and Non-Individualized Relief

    1. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

  3. Pre-Arbitration Dispute Resolution

    1. The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@hautmondetravel.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to contact@hautmondetravel.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

  4. Arbitration Procedures

    1. Arbitration will be conducted by a single neutral arbitrator in accordance with the JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, in any case as modified by this Arbitration Agreement. The place of arbitration will be Los Angeles, California. For information on the JAMS, please visit its website, https://www.jamsadr.com/. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

  5. Costs of Arbitration

    1. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, provided that if your claim for damages does not exceed $75,000 then we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any payment of attorneys’ fees will be governed by the JAMS Rules.

  6. Confidentiality

    1. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  7. Severability

    1. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

  8. Future Changes to Arbitration Agreement

    1. Notwithstanding any provision in these Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

14. Termination

You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Service.

15. General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Company governing your access and use of the Service, and supersede any prior agreements between you and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Company, but Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Company’s reasonable control.

16. Questions? Concerns? Suggestions?

Please contact us at contact@hautmondetravel.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.