General Terms & Conditions for Travel Related Services
Document Version: 202109A
This version applies to all Agreements made on or after September 1, 2021.
The purchase of your travel booking constitutes a contractual agreement between the traveler(s), customer(s), and/or purchaser(s) (collectively as "You", "Customer", "Traveler"), and Rook Behr Ltd. dba Outward Travel ("Outward Travel", "We", "Us", "Our") pursuant to the following terms and conditions ("Terms", "Agreement").
Travel Services: the scheduled or reserved aspects of your trip, such as plane tickets, accommodations, local transportation, guided tours, etc. This is something you pay for as part of your trip.
Travel Supplier (or simply, Supplier): a third party company that provides Travel Services to you, such as an airline, hotel, resort, or tour operator.
Trip/Travel Component (or simply, Component): one part of your trip, such as a reservation or booking.
Booking: The point at which your reservations are made with Travel Suppliers, typically involving Terms and Conditions and at least partial payment.
1. Travel Arrangements
1A. Travel Agent
Outward Travel acts as a travel agent only. We sell various travel-related products on behalf of numerous transport and accommodation service providers. Outward Travel does not own, operate, manage, or control these independent suppliers of services and is not liable for their acts or omissions. Outward Travel's obligations to you are to make travel bookings on your behalf and to arrange relevant contracts between you and the travel service providers. The Travel Suppliers will be responsible for providing services to you. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standard. Requests cannot be guaranteed. All bookings are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that your legal recourse is against the specific provider, not Outward Travel.
1B. Duty of Care
As a travel agent, Outward Travel has a Duty of Care to be transparent about anything we know about a destination or Travel Supplier that may impact your decision to book travel. This includes:
- Disclosing the identity of Travel Suppliers being booked, including any terms and conditions set forth by the Supplier.
- Disclosing known negative information that is not obvious, apparent, or otherwise public knowledge or discoverable in news sources.
- Disclosing known risks of insolvency of a Supplier and ensuring Travel Suppliers are open for business during your planned trip.
- Disclosing any known restrictions on tickets, itinerary changes, types of travel documents needed, and availability of travel insurance.
- Making and confirming the reservations you request in a timely manner, with the information you provide (i.e., name spellings).
- Notifying you of changes made to your itinerary by a Travel Supplier before travel begins.
While we are diligent in our research and advisories, it is not possible for us to be fully aware of all possible news events or risks. Our Duty of Care does not remove your responsibility to research destinations, travel suppliers, medical requirements, insurance terms, and relevant laws, restrictions, or regulations of domestic or foreign governments. It is your responsibility to comply with terms, conditions, and laws.
Any recommendations provided by Outward Travel are the personal opinion of our staff member(s) and are in no way a guarantee of your travel experience. These opinions may or not be based on recent experience in the destinations or with the suppliers mentioned, and may be based on the opinions or feedback from other clients. While we are diligent to provide the latest possible information about recommended destinations, conditions can change rapidly and your experience may differ. It is your responsibility to perform your own research about a recommended travel arrangement prior to booking.
1D. Your Agreements with Travel Suppliers
The travel arrangements we book for you will be subject to additional terms and conditions set forth by the Travel Supplier. Outward Travel will disclose these terms and conditions as part of the proposal and you will be asked to sign an agreement that you have read and accept the Suppliers' terms and conditions prior to Booking. These are legally binding contracts between you and the Suppliers, and you agree to abide by the rules and requirements set forth, and any dispute shall be between you and the Supplier.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Outward Travel is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Outward Travel is not liable for any loss due to Traveler's gambling and is not responsible for any purchases made while on the trip.
1E. Notice of Commissions Paid to Outward Travel
Outward Travel may be paid a commission by Travel Suppliers when travel is booked with them and completed by you. This is a private arrangement between Outward Travel and the Supplier and the information is not available to you. However, as part of our Code of Conduct we will not prioritize our revenue over your interests.
1F. Nondiscrimination Policy
We will not discriminate against any client or group on the basis of race, ethnicity, heritage, financial capability, sex or gender, sexual orientation, family structure, or religion. We reserve the right to decline business from individuals or groups who, in our sole determination, advocate for or are inherently structured on discrimination or dehumanization.
Outward Travel maintains a set of specializations based on training and experience, and in some cases we may not be able to meet your travel needs. This is not an act of discrimination but rather transparently acknolwedging our limitation. In such cases any professional fees you've paid to us will be refunded.
2. Payment and Cancellation Policies
Outward Travel works hard to help you get the most out of the money you spend on your travel. More details for your specific trip will be provided in our Booking Agreement, Proposals, Supplier Terms and Conditions, and Credit Card Authorization Forms. These terms generally cover payments, changes, and cancellations of your travel plans:
2A. Outward Travel's Professional Service Fees
Outward Travel charges a fee for the professional services provided including research and recommendations, itinerary planning, booking travel arrangements and making reservations, payments to Travel Suppliers on your behalf, making changes to intended travel plans, and software provided to you. These fees are separate from the fees charged by Travel Suppliers. Specific fees will be detailed in the Booking Agreement sent to you prior to beginning our work, and fees may change or be waived at Outward Travel's sole discretion at any time. Professional service fees, including software licenses, are not refundable except when Outward Travel determines, in its sole discretion, that we are unable to provide services to you or that our service has not been delivered to our standards.
Outward Travel will not begin our services until the professional service fee has been paid and a Booking Agreement has been signed by the Customer. Once received, Outward Travel will provide an initial proposal to the customer within 14 days. If no response is received from the customer or the customer fails to sign a Proposal within 3 months of the Booking Agreement, the agreement shall expire and Outward Travel will be under no obligation to continue providing services and no refund of Professional Service fees will be provided.
2B. Payment for Travel Services
Prior to booking your travel, Outward Travel will provide a Proposal detailing the price for each component of your travel, including required minimum deposits, payment schedules, and final payment due dates as well as the identity of the Suppliers and their terms and conditions. Outward Travel may adjust due dates to be earlier than Supplier requirements in order to ensure timely payments. It is your responsibility to pay these amounts by the appropriate due dates, otherwise your trip or component thereof may be cancelled automatically by the Supplier or late fees may be owed.
Outward Travel is responsible for forwarding payments to Travel Suppliers on your behalf. Payments to Travel Suppliers may be made in one or more of the following ways:
1) Paying the Travel Suppliers Directly With Your Payment Information
In this approach, you will provide Outward Travel with your payment information and Outward Travel will use it to pay the Travel Supplier directly on a schedule you approve. A Credit Card Authorization Form will detail the name of the Supplier, payment amounts and schedule, and total amount due. Outward Travel will be responsible for late fees as a result of our failure to pay by the Supplier deadlines. If your payment method is declined by the bank or processing network, you will be responsible for providing a new payment method and for any late fees incurred.
2) Outward Travel as Funds Intermediary
In this approach, Outward Travel may collect payments from you directly and pay the Travel Supplier(s) using our corporate payment methods. Any monies received from you for this purpose are pooled in a separate bank account and not commingled with Outward Travel's operating funds. Any commissions, margin, or interest due to Outward Travel are paid to our operating accounts only after payments to Travel Suppliers are complete. You may request an accounting of funds paid to us at any time. A Credit Card Authorization Form will detail the name of the Supplier, payment amounts and schedule, and total amounts due. If Outward Travel has collected sufficient funds for a Supplier payment and fails to make the payment by the Supplier's due date, Outward Travel will be responsible for any late fees. If you have not paid sufficient amounts for a Supplier payment, you will be responsible for late fees. Outward Travel will not forward payments until the deposit into our account is completed (cleared), therefore payments should be made 3 business days before the Suppliers' due dates to avoid late payments. You agree that that payments made in this manner do not make Outward Travel liable for the Travel Services provided by Suppliers in any way.
In all cases, Outward Travel encrypts all credit card information using industry standard methods, and the decryption mechanism is not stored in the same software as the encrypted data. You agree not to dispute charges via your credit card provider or bank, known as initiating a chargeback. Outward Travel, on behalf of our Travel Suppliers, will counter disputed charges with the signed Credit Card Authorization Form(s) and any other documents related to your trip.
2C. Late Fees or Automatic Cancellation
You understand that late payments may incur additional fees from the service providers. Some travel suppliers may automatically cancel reservations when payments are not made on time. Outward Travel does not charge late fees. Outward Travel is not liable for late fees or cancelled reservations as a result of late or delayed payments to us.
2D. Changes and Cancellation Policy
Outward Travel will not charge fees to change any portion of your confirmed travel bookings. However, Suppliers may charge a change or cancellation fee. If you cancel your travel plans prior to or after booking, any professional service fees paid to Outward Travel are nonrefundable.
Cancellations after booking are subject to the policies of the travel suppliers; such policies will be provided to you prior to booking. Fees may be nonrefundable, or incur a cancellation fee. Suppliers may, in their sole discretion, only allow a credit toward future booking, which may have an expiration date. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier refund. If Outward Travel acted as a payment intermediary, we will forward any refunds to you within 21 days of receiving them from the Travel Supplier.
2E. Additional Fees
Additional taxes and surcharges that cannot be pre-collected may be charged locally by car rental agencies, hotels, other suppliers, or governments. Most accommodations providers and vehicle rental/leasing companies require a credit card imprint at check-in. Airlines may charge baggage fees. While Outward Travel will make every reasonable effort to inform you of these potential fees prior to travel, we may not be aware of every fee and we are not responsible for payment of those fees; no credits or refunds of our professional service fees are available as a result of these fees.
3. Policies Related to Airfare
At Outward Travel, we think flying is part of the magic of a good travel experience. But fraud, deregulation, re-regulation, and security requirements necessitate special considerations for the airline industry:
3A. No Flight-Only Bookings
Outward Travel does not book flight-only travel arrangements except by prior agreement and for a per-flight-per-passenger fee.
3B. General Conditions of Air Travel
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Traveler(s) is(are) responsible for any such fees. With regard to the purchase of air tickets, Outward Travel acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
Direct flights may be "non-stop" or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Outward Travel will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Outward Travel's responsibilities in respect to air travel are limited by the relevant airline's conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Outward Travel. Outward Travel is not able to specify, and may not be aware of, the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. Outward Travel will not provide any refund for trips missed, in part or full.
3C. Prohibited Practices
You agree that you will not deviate from your booking by making any unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as "Hidden City Ticketing" or "Point Beyond Ticketing" and is prohibited. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as "Throwaway Ticketing" is prohibited. The use of two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as "Back-to-Back Ticketing" is prohibited.
Where a ticket is purchased and used in violation of these rules, the applicable air carrier has the right, in their sole discretion, to take all actions permitted by law, including but not limited to, the following:
- Invalidate the ticket(s);
- Cancel any remaining portion of your itinerary;
- Confiscate any unused Flight Coupons;
- Refuse to board you and to carry the your baggage;
- Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;
- Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;
- Take legal action against you.
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Outward Travel strongly recommends that you obtain an insurance policy covering the value of your items.
3E. Limitation of Liability for Air Transport
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT OUTWARD TRAVEL IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.
3F. Flight Confirmation
We strongly suggest that clients reconfirm exact flight times with the carrier prior to departure. Air travelers are required to check in at least 2 hours prior to departure time for domestic flights and 3 hours for international flights and must report to the gate at least 30 minutes prior to departure time. Failure to comply may result in the loss of the seat to another passenger.
3G. Insecticide Notice
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transport disinfection website ().
4. Travel Insurance
Outward Travel strongly recommends that all of our customers purchase travel insurance at the time they book their trip. Travel insurance can help protect you from financial loss. Outward Travel is not responsible for cancellation, emergency evacuation, accidents abroad, illness, lost luggage, flight mishaps, or weather conditions and thus recommends you purchase available insurance coverage at an additional charge.
4A. Outward Travel Sells Travel Insurance Products, But is Not an Insurance Agent
For your convenience Outward Travel does sell coverage provided by certain insurance companies, we are not insurance agents nor insurance representatives. We cannot compare the policies of insurance providers in the marketplace, nor advise on insurance coverages you may already have in place. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. Outward Travel is limited to advising you of the need for such coverage.
4B. Declining Travel Insurance
If you choose not to purchase Travel Insurance via Outward Travel, you will be asked to sign an agreement stating that you acknowledge and accept liability for cancellation penalties, damages, or out-of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling.
4C. Making Insurance Claims
We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you are responsible for reviewing upon receipt of your travel protection policy. Outward Travel is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Outward Travel due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Outward Travel cannot be involved in any aspect of your claim/request for service. Traveller(s) acknowledge and agree that Outward Travel has no control over the travel insurance provider or its coverage decisions, and as a result Outward Travel is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
5. Travel Advisories & Requirements
As a travel agency, Outward Travel is responsible for booking travel arrangements that are suitable to your stated intentions, and is not responsible for individual traveler compliance with local or international law, restrictions, or requirements; nor are we liable for things outside our control that may impact your travel experience. While Outward Travel may provide summaries or recommendations relevant to the following paragraphs, you must always independently educate yourself about the following requirements and adhere to them to ensure a successful travel experience.
5A. Risks Involved in Travel
Travel to certain destinations may involve greater risk than others. By offering for sale travel to particular destinations, Outward Travel does not represent or warrant that such travel is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations. It is your responsibility to stay informed on an ongoing basis to current news events, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States government prior to booking travel to international destinations. You are strongly urged to regularly review the USA Government Travel advisories for your intended destination at travel.state.gov/content/travel.html.
5B. Travel Documents
It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations for all countries visited on your trip. Passports must be valid for six (6) months after your return date. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be required to carry additional documents including authenticated and verified consent forms. Non-United States citizens may require additional documentation.
Outward Travel is not a law firm and does not provide legal advice, therefore it is your responsibility to ensure that you have valid travel documentation, including but not limited to passports and visas, which meet the requirements of immigration and other government authorities at every destination. You are responsible for confirming with the United States Department of State or the representative government agency of the country to which you are traveling to confirm the requirements for visas and/or other requirements for admission to your destination. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.
Beginning May 3, 2023, if you plan to use your state-issued ID or license to fly within the U.S., it is your responsibility to make sure it is REAL ID compliant. If you are not sure if your ID complies, please check with our local state department of motor vehicles, or visit .
5C. Individual Entry & Exit Requirements
Some foreign countries may impose restrictions on travelers based on personal, private, or past matters including but not limited to past criminal offenses, chronic health conditions including HIV status, and gender identity or expression. Outward Travel will not inquire about nor decline to provide services based on these matters, and if informed about such concerns will attempt to craft our recommendations for a vacation to an acceptable destination. However, we are not responsible for ensuring your compliance with individual country requirements. You are advised to review the US State Department website and/or the requirements from your destination prior to booking travel.
5D. Health and Security Requirements
It is your responsibility to ensure you are aware of any health requirements, health advisories, health-related travel restrictions, and/or required immunizations and relevant documents before travel to your destination. Outward Travel shall not be responsible for ensuring your compliance with these requirements. Nor will Outward Travel provide advice related to health requirements; speak with your healthcare practitioner for any concerns related to required immunizations or other health requirements before booking travel. Failure to comply with the appropriate restrictions or requirements may result in denial of entry onto your carrier and/or entry upon arrival at your destination, or be required to self-quarantine at your destination and upon your return to the United States. You must comply with local government regulations. Additional costs are your responsibility. Check with the Center for Disease Control and Prevention for current information prior to and during your travel. www.cdc.gov
5E. Weather, Local Politics, and Force Majeure
Climate conditions may change in your destination at any time, and are increasingly unpredictable regardless of past patterns. Even when Outward Travel mentions historically true weather history of an intended destination in our marketing material or proposal documents, we in no way warrant or guarantee the weather conditions of any destination at any time of year. You travel at your own risk, and you acknowledge that weather conditions at your destination may change, resulting in a less favorable experience, cancellation, or modification of your travel plans. Weather conditions that can impact your travel include but are not limited to hurricanes, strong thunderstorms or monsoons, blizzards, tsunamis, tornadoes, floods, wildfire, volcanic eruption, ash clouds, heat waves, or drought. Additionally, you understand that climate control systems (e.g., air conditioning, heating, air purification) in your destination may not be available or may not be at the same standard as your home system. Outward Travel shall not be held responsible for changes, cancellations, or inadequacies as a result of weather conditions on your trip.
Likewise, local politics can change quickly in other countries, including but not limited to labor strikes, labor shortages, changes in law or regulations, riots, war or threat of war, terrorism, sabotage, insurrection, civil disturbance, or requisition of private property. These changes can disrupt your travel plans. Outward Travel may help adjust travel plans before or during your trip if you request, but cannot guarantee changes can be made on short notice. All changes to confirmed travel may incur cancellation fees, monies paid may not be refundable, and new arrangements may not be to the same quality or expectation as the original plans.
"Force Majeure" means, in relation to Outward Travel, any circumstances beyond the reasonable control of Outward Travel, including but not limited to any of the above mentioned risks taking place in your intended destination or in the United States or in the State of Colorado. Outward Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If any of our travel suppliers are affected by Force Majeure, they may, in their sole discretion, vary or cancel any booking, reservation, or arrangement in relation to your trip. Payment of any refund by Outward Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Outward Travel shall use its reasonable efforts to reimburse you where possible. However, Outward Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Outward Travel of the Force Majeure and applicable cancellation fees.
6. Software Provided by Outward Travel
For your convenience, Outward Travel may develop and/or provide access to, with or without fee, access to software intended to streamline communications, store essential documents, and coordinate between us and you, and other members of your group. This software may be provided by third parties which will impose additional terms and conditions prior to usage.
Only authorized users may access the software. Authorized users are those provided a user account, with a username and password combination, by Outward Travel. Only Outward Travel may provide access to additional users. You are a licensed user of this software, and this license is limited only to the publicly accessible portions, or those portions designated as customer-facing. You do not have a license nor permission to view the source code, access administrative or internal portions, audit the software, resell or distribute the software, reproduce or reverse engineer the software in any way, use the software for competitive research or to build competitive products, or provide access using your credential to other individuals. Outward Travel may revoke your access at any time for any reason.
Software provided by Outward Travel is for convenience only. Outward Travel sends official communications by email, including any attached documents, and customers are encouraged to save their own copies of these communications and documents in their own record keeping systems. If there is any disparity between information provided by the software and official communications, the official communications takes precedence.
Outward Travel is not liable for the failure of the software on any computing platform or browser, inaccessibility or poor accessibility due to software error, server error, network error, poor connectivity, device error, or blocking access to the software by any private or government entity. A strong and stable Internet connection is required to use the software. Outward Travel does not guarantee there will not be errors in the software due to programming mistakes (e.g., "bugs").
7. Data Collection and Privacy
7A. What Data is Collected
1) Information Organized by Customer Identity
Outward Travel may collect information about you in the course of doing business including but not limited to: personally identifiable information (names, email addresses, phone numbers, sex, gender, government identifiers, mailing and physical addresses, birthdates, anniversary dates, etc), payment information, travel preferences, loyalty program identifiers, languages spoken, previous travel experience, family members, social media accounts. We may infer or assume some information, such as travel interests and preferences, from your usage of our website and/or software.
2) De-identified and Aggregated Information
Our website and software systems automatically collect including but not limited to your Internet Protocol (IP) address, device characteristics, location data, usage data, and referral or marketing data. This information is not stored with customer identifiers.
7B. How We Secure and Use This Data
Information Organized by Customer Identity is stored in a Customer Relationship Management (CRM) system and is used to provide our core services to you, including researching and recommending Travel Services, coordinating Booking and other travel arrangements, and sending offers, promotions, or advertisements tailored to your interests and experiences. We will not sell or otherwise make your information available to any third party, except the minimally required information for the purposes of booking travel (e.g., names, identifiers, contact methods, payment methods, etc).
We may disclose your information where we are legally required to do so in order to comply with applicable law, a judicial proceeding, court order, or legal process, such as in response to a court order or subpoena. In the event we are ordered to disclose data, you will be notified of the request unless we are explicitly required, by court order, not to notify you. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Data stored in our CRM system is encrypted at rest and encrypted in transit, and is only accessible via connections protected by Transport Layer Security (TLS). Access to data is regulated by user credentials and limited to authorized staff members or independent contractors of Outward Travel.
De-identified and Aggregated Information is stored in third party analytics software, namely Google Analytics. This information is used in its aggregate form to evaluate the effectiveness of our digital properties and marketing efforts. In general, this information is not attached to a customer's identity and Outward Travel does not perform operations that could theoretically re-identify the information. Security and usage of this data is governed by the Google Analytics Terms and Conditions.
7C. Customer Requests Pertaining To Data and Privacy
You may, at any time, request an exported copy of the Information Organized by Customer Identity that Outward Travel has collected and stored. Outward Travel will provide this report within 30 days of the request.
You may, at any time, request that all or some of the Information Organized by Customer Identity be deleted by Outward Travel. We will need to verify your identity to determine you are the same person about whom we have information in our system, and will delete the information within 30 days of verification. Deletion of your information may end our business relationship, as we can no longer adequately provide services without key information. Outward Travel will retain any information critical to the general operations and protection of our business, including but not limited to copies of signed agreements, a record of travel booked, accounting records (e.g., fees, commissions, transactions), or information required for the purposes of legal or regulatory compliance.
When your information is used for marketing purposes (such as email newsletters, emailed promotional offers, advertising on our digital properties or via ad-placement networks, phone calls, etc), you may request an explanation of what information was used to select you for that offer. You may modify or unsubscribe from email marketing by following the unsubscription instructions at the end of each email.
8. Limitation of Liability
Without limitation, Traveler(s) assume the risk of travel and agree that Outward Travel is not liable for damages resulting from:
- Failure of a Travel Supplier to fulfill their obligations, or bankruptcy of a Travel Supplier
- Modifications by a Travel Supplier to destinations, dates, included features, mode of travel, conditions of participation, capacity.
- Poor quality provided by any Travel Supplier.
- Delays, cancellations, or alteration of any travel component including transportation, accommodations, reservations, or tours.
- Traveler(s)’ inability to participate in a Travel Component due to health, height or weight restrictions, physical fitness, pregnancy, or disability.
- Government-imposed restrictions, requirements, regulations, laws, or rules; nor Traveler(s)’ failure to comply with any rule, regulation, law, or condition of any government or Travel Supplier.
- Recommendations from Outward Travel or its staff members that are not commensurate or aligned with your actual experience
- Outward Travel’s decision to decline your business or end our business relationship for any reason.
- Fraud on the part of any Travel Supplier, Customer, fellow Traveller, or other entity related to your trip.
- Failure of a credit card company, processing network, or bank to approve payments.
- Failures or inaccessibility of, or errors in, software provided by Outward Travel.
- Breach of Outward Travel’s computer and data systems resulting in theft or misuse of personal data, provided reasonable industry-standard methods of protection and encryption were implemented.
- Any injury, loss, death, inconvenience, delay, or damage to person or property in connection with any aspect of your trip, whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or any failure of any transportation mechanism to arrive or depart on time.
In the event Outward Travel knowingly and willingly violates our Duty of Care as outlined in Section 1B, you may request a refund of any professional service fees paid to Outward Travel. You may also file a complaint with the Consumer Affairs Department of the American Society of Travel Advisors and/or request the transfer of your Booking to another travel agency.
If Outward Travel fails to complete a Booking within 2 business days of receiving the customer's signed acceptance of a trip Proposal and Credit Card Authorization Form, or within 2 business days of your funds clearing in our bank account when Outward Travel acts as a Funds Intermediary, and the price of your travel increases as a result of the delay, Outward Travel will pay the difference in cost.
Under circumstances where liability cannot be excluded, such liability is limited to the total professional service fees received by Outward Travel for the trip in question. Fees paid in relation to previously completed trips or unrelated future trips are not included in this amount.
9. Other Terms
9A. Electronic or Handwritten Signature
Both parties agree that you may acknowledge and agree to these Terms: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic means, including, without limitation, via email acceptance of these Terms; or (iv) by your implied consent deemed via your actions, which shall include without limitation the payment of the invoice and/or your use of the services provided by Outward Travel or any other travel supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this Agreement.
9B. Governing Law
The construction, validity, and performance of these Terms and any disputes between the parties shall be governed by and construed according to the laws of the State of Colorado, without giving effect to its conflict of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of the State of Colorado with respect to any legal proceedings relating to these Terms.
9C. Severability and No Implied Waiver
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The failure of Outward Travel to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Outward Travel does not guarantee it will take action against all breaches of this these Terms and Conditions.
9D. Dispute Resolution
Any claim or dispute arising from or in connection with this agreement shall by resolved by arbitration administered by Colorado Mediators and Arbitrators. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. Each party will pay its own Attorney’s Fees and an equal share of the costs of arbitration.
9E. Additional Agreements and Amendments
This agreement may be augmented by or incorporated into other agreements between you and Outward Travel including but not limited to Booking Agreements, Credit Card Authorization Forms, Group Travel Agreements, or Event-related Agreements. The terms and conditions of this agreement shall take precedence unless a subsequent agreement specifically references (by section number) and replaces a term or condition.