User Agreement

Your Agreement with International Travel Connect, LLC (“Culture Trip”)

Last updated December 26, 2024.

Welcome to www.theculturetrip.com, which is published by International Travel Connect, LLC (“Culture Trip”). This User Agreement governs your use of www.culturetrip.com, the Culture Trip app and Culture Trip's other services and digital properties, including without limitation emails and text messages, published or otherwise offered by or on behalf of Culture Trip on which a link to this User Agreement appears (collectively, the “Culture Trip Services”). This User Agreement is between you and Culture Trip. As used in this User Agreement, the terms “you” and “your” mean each user accessing, visiting or otherwise using the Culture Trip Services, including without limitation booking a reservation through Culture Trip on the Culture Trip Services or through Culture Trip's customer service agents. The terms “we”, “us” and “our” refer to Culture Trip, and our “Affiliates” mean any entity that controls, is controlled by or is under common control with Culture Trip.

By clicking “I Agree” on the Culture Trip Services or otherwise indicating your agreement to this User Agreement, or accessing, visiting or otherwise using the Culture Trip Services, you agree to be bound by the terms and conditions of this User Agreement. If you do not agree with this User Agreement in its entirety, please do not use the Culture Trip Services. Culture Trip may modify this User Agreement at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Culture Trip Services by you will constitute your acceptance of any changes or revisions to this User Agreement.

Culture Trip may change, suspend or discontinue any or all of the Culture Trip Services at any time.

NOTICE REGARDING DISPUTE RESOLUTION: THIS USER AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST CULTURE TRIP AND MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION SECTION BELOW CAREFULLY.

Your use of the Culture Trip Services is also subject to the Culture Trip Privacy Policy and to the terms and conditions of the Tour Operator for the Tour Services (as such capitalized terms are defined below) you have booked (the “Tour Operator Terms and Conditions”). Please carefully read the Tour Operator Terms and Conditions as they contain important information about the Tour Services you book.

Culture Trip Marketplace Services
1. Binding Contract. Booking travel through the Culture Trip Services creates a binding contract with the Tour Operator named on your confirmation invoice. Culture Trip acts solely as an agent for the Tour Operator and accepts no responsibility for the acts or omissions of, or the Tour Services provided by, the Tour Operator. Your use of the Culture Trip Services to book travel constitutes your representation that you are of legal age where you live and you have the legal authority to form a binding contract. If you are not of legal age where you live or you do not have the legal authority to form a binding contract, please do not use the Culture Trip Services to book travel. By using the Culture Trip Services and making a booking for Tour Services, the first named person on the booking agrees on behalf of all persons traveling under such booking (the “Booking Party”) that he/she:
  - has read this User Agreement, the applicable Tour Operator Terms and Conditions and any related booking conditions, and has the authority to and does agree to be bound by them;
  - consents to our use of personal data in accordance with our Privacy Policy and is authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  - is responsible for ensuring the accuracy of the personal details and any other information supplied to us in respect of his/herself and all other members of his/her Booking Party and for passing any information regarding the booking or any changes made in relation to the booking to all members of the Booking Party including, but not limited to, information on schedule changes or copies of booking confirmations;
  - is over 21 years of age and where placing an order for Tour Services with age restrictions declares that he/she and all members of the Booking Party are of the appropriate age to purchase those Tour Services;
  - is not, and no member of the Booking Party is, a resident of Hawaii;
  - accepts financial responsibility for payment of the booking on behalf of all persons in the Booking Party and is authorized to use the credit or debit card that is used to pay for the Tour Services;
  - has provided information that is true and accurate; and
  - will only make legitimate reservations; false and/or fraudulent reservations are strictly prohibited.
2. Representative for the Tour Operator.
  The Culture Trip Services provide information about travel services such as multi-day tours, adventure trips, luxury travels, and other travel activities (individually or jointly “Tour Service(s)”), and you may book such Tour Services through the Culture Trip Services. In some instances, Culture Trip is the entity that creates, offers and carries out the Tour Services (the “Tour Operator”). In other cases, Culture Trip acts as an independent sales representative for the Tour Operator featured on the Culture Trip Services or named in your itinerary or confirmation for the Tour Services that you book through the Culture Trip Services. The Tour Operator is clearly indicated on the Culture Trip Services and your itinerary and confirmation for the Tour Services.
  
  This paragraph applies to all Tour Services except those for which Culture Trip is the Tour Operator. The Tour Services are independently created, offered and carried out by the Tour Operators at their own discretion and responsibility. Culture Trip is solely acting as a commercial agent for the Tour Operator. Culture Trip is not a Tour Operator, nor a provider of the Tour Services, nor a representative or proxy of a Tour Operator nor an insurer. Culture Trip does not own, sell, resell, furnish, provide, manage or control any transportation or Tour Services and does not act as an agent for you. Culture Trip is not responsible for, and shall not be liable for, the acts or omissions of the Tour Operator or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. Culture Trip has no special knowledge regarding the financial condition of the Tour Operator and no liability for recommending a trip credit in lieu of a refund. Inclusion or offering any Tour Services or other products or services on the Culture Trip Services does not constitute any endorsement or recommendation of such Tour Services, products or services.
3. Culture Trip Services Information provided by the Tour Operator. Some of the information included in the Culture Trip Services are provided by the Tour Operator or other third-party providers. Except for Tour Services for which Culture Trip is the Tour Operator, Culture Trip is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, on the Culture Trip Services by the Tour Operator or such other third-party providers, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
4. Pricing; Availability; Itineraries. Prices, availability, promotions, departure dates and itineraries displayed on the Culture Trip Services are provided by the Tour Operator. Taxes, fees, and other Tour Operator expenses or supplements are not included unless specifically stated. The availability of listed prices, promotions and departure dates are subject to change without notice, until your reservation is confirmed. The Tour Operator reserves the right to cancel or change itineraries at any time.
5. Payments. Payments are due in US Dollars, Euros, British Pounds Sterling, Canadian Dollars, Australian Dollars or New Zealand Dollars in accordance with the payment methods listed on the Culture Trip Services. The first named person on the booking is responsible for all payments in respect of the booking. By confirming you would like to proceed with your booking either during a call with our customer service agents or by completing the check-out process and making a booking for Tour Services by clicking the “PAY” button on the checkout page of the Culture Trip Services, you are confirming your purchase of the Tour Services from the relevant Tour Operator. Your booking for the Tour Services is subject to this User Agreement and the relevant Tour Operator Terms and Conditions. All reservations are confirmed only when you receive a Confirmation Invoice from us. If you do not receive a Confirmation Invoice within 72 hours of placing your reservation, please contact [email protected].
6. Deposits. When you book Tour Services, you will be required to pay a deposit, the amount of which will vary depending on the Tour Services purchased. You will be advised of the deposit requirements and when the final balance is due during the booking process. If the deposit and/or final balance are not paid on time, we reserve the right, on behalf of the Tour Operator, to cancel your booking and charge any of the Tour Operator’s cancellation fees. You will be advised during the booking process if any required payments are non-refundable or the booking is unchangeable.
7. Changes and Cancellations. Any request to change or cancel a Tour Services booking must be made by contacting us at +1 (678) 967-4965 or emailing [email protected]. The first named person on the booking must make any change or cancellation request. Please be sure you have received written confirmation of any changes to your booking prior to travel. While Culture Trip will try to assist, most changes or cancellations are outside of our control, and we cannot provide any assurance that the Tour Operator will meet such requests. Some Tour Services may not be able to be changed after a booking has been made. The Tour Operator’s fees for changes or cancellations (which could be as much as 100% of the cost of the Tour Services and will normally increase closer to the date of departure) will be set forth in the Tour Operator Terms and Conditions. If you change or cancel a booked Tour Service, you are responsible for all penalties imposed by the Tour Operator, whether you cancel before or after the Tour Services begin.
8. Refunds. Any partial or full refund available for changes to or cancellations of Tour Services shall be set forth in the Tour Operator’s Terms and Conditions, or other applicable booking conditions for your Tour Service. Other restrictions or cancellation penalties may apply.
9. Price Increases. Travel arrangements are subject to the Tour Operator's supplemental price increases that may be imposed by the Tour Operator and/or government, even after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them.
10. Price Errors. Culture Trip expressly reserves the right to correct any pricing errors and other details on the Culture Trip Services and/or reservations made under an incorrect price. In such event, if available, Culture Trip will offer you the opportunity to keep your reservation at the correct price or cancel your reservation without penalty.
11. Meals, Gratuities and Other Activities. Not all meals, gratuities and other activities shown in the Tour Service descriptions provided on the Culture Trip Services are included in the price of the Tour Service. You are responsible for determining what is included in the price of the Tour Service and what is billed separately.
12. Risks of Travel. Culture Trip does not assume any responsibility for, and shall not be liable for, the acts or omissions of any Tour Operator other than Culture Trip or any other party not under its control, or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illnesses, weather hazards, or the suitability of any portion of the trip for a person with disabilities. Culture Trip has no special knowledge of dangers during travel or at destinations. For information related to such dangers, Culture Trip recommends going to the U.S. State Department travel website at https://travel.state.gov, click on “Find International Travel Information” then click on “Country Information” and fill in the name of the destination country. For medical and health information, Culture Trip recommends going to the “Destinations” section of the Centers for Disease Control website at www.cdc.gov/travel, then scroll to the name of the destination country. Website addresses may change, and it is your responsibility to find the correct website and information should such addresses change. Other countries offer similar information so please check the relevant website for the country in which you live. It is your personal decision to travel, and by agreeing to this User Agreement, you represent that you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19 or any other communicable diseases.
13. Foreign Entry Rules. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions and rules regarding health, safety, security, political stability, and labor or civil unrest at such destination, including without limitation health affidavit forms, health screenings prior to departure or upon arrival, face coverings, and quarantines. Many countries require that your passport be valid for six months or more after your date of entry in the country. Some countries will not admit persons convicted of a crime. Some countries require both parents' consent for minors to travel. Culture Trip will not be responsible for any Tour Services participants being denied entry to a country due to lack of proper travel documentation. You will be responsible for all expenses incurred in such situations and no refunds will be issued.
14. Documentation Requirements. The names you provide to us of all of the people in your Booking Party must be their complete legal names that match the required travel identification documents that they must bring with them while traveling for purposes including but not limited to proof of identification and citizenship. Tour Services participants who receive special pricing based on residency or age will be required to show a government issued form of identification to validate their state of residency or age, as applicable, prior beginning the Tour Service. Culture Trip will not be responsible for any Tour Services participants being denied the Tour Service due to lack of proper identification documentation. You will be responsible for all expenses incurred in such situations and no refunds will be issued.
15. Flights. You accept responsibility for both you and your Booking Party in respect of any flights and all other travel and/or transport at your own cost and risk if applicable in order for you to commence the Tour Services. Occasionally flight operators change the flight times and for that reason it is important that you confirm your flight times two days prior to departure. For inbound flights, it may be necessary to reconfirm your flight with the airline and/or the Tour Operator. Please check this in the correspondence received from the airline or the Tour Operator including all the relevant booking conditions. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund. Neither we nor the Tour Operator can accept responsibility in the event that you miss your flight if you do not confirm your flight times as described above. The latest flight timings will be shown on your tickets which are normally sent to you approximately 7-14 days prior to travel. You must check your tickets very carefully immediately on receipt to ensure you have the correct times. It is possible that flight times may be changed even after the tickets have been dispatched.
16. Medical Issues/Pregnancy. If you or any member of your Booking Party has any medical issues or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to obtain advice from the Tour Operator as to the suitability of your chosen Tour Services. The Tour Operator may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Tour Services. Certain Tour Operators may regard pregnancy as a medical condition and require a medical certificate or letter from a pregnant Tour Services participant’s doctor establishing their due date and fitness to travel.
17. Minimum Age. Certain Tour Operators require Tour Services participants under 21 years of age to be accompanied by a parent, grandparent or guardian 25 years of age or older.
18. Delays in reaching destination. If you are delayed and will not reach the Tour Services before it begins and subsequently join the Tour Service, you are responsible for all costs relating to the continuation of your trip to join the Tour Service, which may include air transportation, ground transportation and overnight hotel accommodations.
19. Tour Operator Additional Terms and Conditions. Additional terms and conditions will apply to your Tour Service reservation and your purchase of any additional travel-related goods and services that you select. Please read those additional terms and conditions carefully. You agree to abide by the Tour Operator Terms and Conditions and the terms and conditions of purchase imposed by any other travel supplier with whom you elect to deal, including, but not limited to, payment deadlines, cancellation charges, liability waivers required to be signed prior to participating in the Tour Services or activities offered, and compliance with the Tour Operator's or other travel supplier's rules and restrictions regardless of whether you receive notice thereof. Your failure to do so may result in cancellation of your reservation(s), being denied access to the applicable travel product or services, forfeiting any amounts paid for such reservation(s), and your compensating Culture Trip for any costs we may incur as a result of such failure. Culture Trip reserves the right to cancel your booking if full payment is not received by the Tour Operator payment date.
20. Insurance. For your protection, Culture Trip strongly recommends that you purchase trip cancellation and travel accident insurance that covers personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancelation or curtailment of your trip. Please note that, unless you buy a cancel-for-any-reason policy, most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by Culture Trip staff constitutes a binding assurance or promise about the insurance. You agree to hold Culture Trip harmless for your election not to purchase travel insurance or for any denial of claim by any travel insurer as it relates to COVID-19 or any other claim under the policy.
21. Credit Card Merchant. Culture Trip also strongly recommends that you use a credit card for your purchase, so that you can exercise your rights under applicable laws and regulations (such as the Fair Credit Billing Act in the United States) if you do not receive the services you purchased. If the Tour Operator does not provide the Tour Services, we may facilitate contact between you and the Tour Operator, but your only recourse would be against the Tour Operator, and you agree not to bring a claim against Culture Trip for any such failure.
22. Suspicious Activity. You may not make any false or fraudulent reservation. If any booking you make shows signs of fraud, abuse or suspicious activity, Culture Trip may cancel any travel or Tour Service reservations associated with your name and email address. If you have conducted any fraudulent activity, Culture Trip reserves the right to take any necessary legal action and you may be liable for monetary losses to Culture Trip, including litigation costs and damages. To contest the cancellation of a booking, please contact Culture Trip at +1 (678) 967-4965 or [email protected].
23. Complaints. In the event that you experience any problems with any element of your Tour Services once it has commenced, you must immediately inform us and the relevant Tour Operator of your complaint while the Tour Services are taking place. We will use reasonable efforts to resolve problems or complaints while the Tour Services are ongoing. However, if you remain dissatisfied please contact us in writing within 28 days of your return by emailing our Customer Support Center at [email protected] (which is the fastest way to communicate with us). We will require any documentation to support your complaint in order for us to investigate any problems you may have incurred. If you fail to follow these procedures, we will have been deprived of the opportunity to investigate and rectify your complaint.
24. Behavior. You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others, and in all events in accordance with applicable laws, rules and regulations. If in our or your Tour Operator’s opinion or in the opinion of any other person in authority, your behavior or that of any member of your Booking Party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we and the Tour Operator reserve the right to terminate your booking immediately with no further liability to you. In the event of such a termination, no refunds will be made and no expenses or costs incurred by you as a result of the termination will be made. You and/or your Booking Party may also be required to pay for loss and/or damage caused by your actions and you and each member of your Booking Party will be jointly and individually liable for any damage or losses caused. If you fail to make payment, you will be responsible for indemnifying us for any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
25. Unavoidable and Extraordinary Circumstances. In this User Agreement, “Unavoidable and Extraordinary Circumstances” (also known as Force Majeure) means a situation which is beyond our or the Tour Operator’s control, the consequences of which could not have been avoided even if reasonable measures had been taken. Such situations are likely to include but are not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, a government authority advisory against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in this User Agreement, neither we nor the Tour Operator have liability including for compensation, costs and expenses in such situations. We shall have no liability to you for any failure to perform, or delay in performance of, any of our obligations that is caused by Unavoidable and Extraordinary circumstances. If such an event takes place and it affects the performance of our obligations to you we will contact you as soon as reasonably possible to notify you. If you have any concerns about a booking, please contact [email protected].
26. U.S. State Travel License Numbers. CA SOT #2160064-50; FL SOT #45027; WA SOT #605480531. Culture Trip is not a participant in the California Travel Consumer Restitution Fund.
27. UK Package Travel and Linked Travel Arrangements Regulations. If you have your place of residence in the United Kingdom, where your booking is for a Package, as defined below, you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this section. A “Package” has the same meaning as defined in the PTRs and exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
  - transport (including but not limited to flights, trains and coaches and does not including minor transport services such as a guided tour or a transfer); or
  - accommodation; or
  - rental of cars, motor vehicles or motorcycles (in certain circumstances); and
  - any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to the Culture Trip Services and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
  If you purchase a Package from a Tour Operator under this User Agreement, the Tour Operator is the Package Organizer under the PTRs and no one else. In such circumstances, Culture Trip acts solely as agent for that Tour Operator who is ultimately responsible for all obligations under PTRs. As agent we accept no responsibility for the acts or omissions of the Tour Operators or for the Package or Tour Services provided by them.
Telephone and Text Communications Culture Trip records telephone calls for quality and training purposes. By calling us or accepting our calls, you consent to such recording.

By providing consent to this User Agreement, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at [email protected] with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web bowser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at [email protected] with contact information and the address for delivery.

Depending on the consent you’ve provided, you also agree that Culture Trip, its Affiliates and their respective agents and representatives, may contact you by telephone calls or text messages (including by an automated telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with or related to your access or use of the Culture Trip Services, including without limitation booking a reservation through Culture Trip on the Culture Trip Services or through Culture Trip's customer service agents, including for marketing purposes. You can provide us with your consent to receive calls and texts in multiple ways, such as by purchasing Travel Services from us, through communications or other transactions with us, or by opting into receiving marketing communications. You understand that you are not required to provide consent to marketing calls or text messages as a condition of purchase of any Travel Services. By consenting to receive calls or text messages, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in this User Agreement. You further represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to opt into Culture Trip calls and text messages. We do not charge you for calls and text messages, but message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. We may send you an initial message confirming your enrollment in our calling or texting program. After that, you will receive recurring calls and text messages, and the specific amount may vary depending on how you use our services (e.g., whether you reply with HELP, the number of Travel Services you purchase on www.theculturetrip.com).

You can opt-out of receiving text messages from Culture Trip by texting “STOP” as a reply to a text you receive from us or by contacting customer service at [email protected]. To get help about our texts, reply HELP to a text you receive from us. You must separately opt out of each number from which you’ve provided us with consent to receive calls or text messages. Your opt-out request may generate either a confirmation text or a texted request to clarify the Culture Trip program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You hereby consent to receive a text message confirming that you have unsubscribed.
Affiliate Links We participate in affiliate marketing programs and may allow links for such programs to be encoded on some of the pages of the Culture Trip Services. This means that we may earn a commission if and when you click on, make a purchase via, or take any other relevant action via the affiliate marketing program links. Our Branded Content Policy describes other relationships advertisers may have with content on the Culture Trip Services.
User Generated Content Culture Trip may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Culture Trip Services (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. Culture Trip does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another's privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Culture Trip all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Culture Trip Services such as malware, spyware or other malicious code; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person's full name or personal or identifying information without that person's authorization; (i) violates the law or otherwise violates this User Agreement; or (j) provides a link to any of the above.

In connection with any User Content that you submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Culture Trip to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Culture Trip Services and this User Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name and likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Culture Trip Services and this User Agreement; and (iii) it complies with this User Agreement.

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Culture Trip, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Culture Trip publishing such User Content. Culture Trip does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Culture Trip shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates this User Agreement or is otherwise objectionable, as determined by Culture Trip in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to [email protected], and any promise by Culture Trip to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by the General Counsel of Culture Trip.

You agree to indemnify Culture Trip and its Affiliates, and each of their respective constituent entities, partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the Culture Trip Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Culture Trip Services, your breach of this User Agreement, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Culture Trip reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Culture Trip does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Culture Trip the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, translate, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with:
- the Culture Trip Services,
- other Culture Trip publications,
- Culture Trip's (and our successors') business,
- promoting and redistributing part or all of the Culture Trip Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or
- stories featuring the Culture Trip Services or any content on the Culture Trip Services in other news and media websites or other outlets.
You waive any moral rights you may have in the User Content. You also grant each user of the Culture Trip Services a non-exclusive license to access your User Content through the Culture Trip Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Culture Trip Services and under this User Agreement.
Indemnification
You agree to indemnify and hold harmless Culture Trip, its Affiliates, and their respective members, partners, officers, directors, employees and agents from and against any claim, demand, cause of action, investigation, proceeding, loss, liability, penalty, fine, cost or expense (including without limitation legal, accounting and investigative fees, costs and expenses) arising out of or in any way connected with your breach of this User Agreement or any agreement or other terms referenced herein, your breach of any applicable law or your use of or access to the Culture Trip Services.
Disclaimers and Limitation of Liability
The information contained on the Culture Trip Services is provided by Culture Trip as a service to you for your noncommercial, personal use on an “as is, as available” basis. You acknowledge that you are using the Culture Trip Services at your own risk. Culture Trip assumes no responsibility for errors or omissions in these materials. Culture Trip makes no commitment to update the information contained herein. Culture Trip does not control, and is not responsible for, any third-party site to which the Culture Trip Services links or that links to the Culture Trip Services, and any such links do not constitute an endorsement or recommendation of such sites or the products and services offered on them. CULTURE TRIP MAKES NO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CULTURE TRIP SERVICES, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, OR RELIABILITY OF TEXT, GRAPHICS, LINKS, PRICES, PRODUCTS AND TOUR SERVICES, AND OTHER ITEMS ACCESSED FROM OR VIA THE CULTURE TRIP SERVICES, OR THAT USE OF THE CULTURE TRIP SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY CULTURE TRIP OR ANY OTHER PARTY ON THE CULTURE TRIP SERVICES SHALL CREATE ANY WARRANTY OR LIABILITY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CULTURE TRIP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE CULTURE TRIP SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES SHALL CULTURE TRIP OR ANY OF ITS AFFILIATES OR AGENTS, OR THEIR RESPECTIVE CONSTITUENT ENTITIES, AFFILIATES OR PARTNERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF EACH OF THEM, BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL, AND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, ARISING FROM OR IN CONNECTION WITH YOUR USE, RELIANCE ON, OR PERFORMANCE OF THE INFORMATION ON THE CULTURE TRIP SERVICES OR YOUR PURCHASE OF ANY TOUR SERVICES, AIRFARE, OR OTHER SERVICES FROM CULTURE TRIP OR THROUGH THE CULTURE TRIP SERVICES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION IN THE CULTURE TRIP SERVICES SHALL BE TO REQUEST THAT CULTURE TRIP CORRECT THE MATTER OR, IF CULTURE TRIP FAILS TO DO SO, TO DISCONTINUE USE OF THE CULTURE TRIP SERVICES. IN NO EVENT SHALL CULTURE TRIP'S LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE CULTURE TRIP SERVICES EXCEED $100.
Culture Trip Services Maintenance
Culture Trip periodically schedules system downtime for the Culture Trip Services for maintenance and other purposes. Unplanned outages also may occur. Culture Trip shall have no liability for the resulting unavailability of the Culture Trip Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Culture Trip Services.
Copyright
All materials published on or in the Culture Trip Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Culture Trip or, in the case of content licensed by Culture Trip from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from the Culture Trip Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material.

In the event you believe that any content posted on the Culture Trip Services infringes your copyright or other intellectual property rights, you may notify Culture Trip by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Culture Trip's Copyright Agent:

Attention: Legal Department

International Travel Connect, LLC

129 West 29th Street, 11th Floor

New York, NY 10001

(t) 212.210.6390

[email protected]
Beta Testing
From time to time, users of certain portions of the Culture Trip Services may be given the opportunity to volunteer to become part of a group of “Beta Testers.” Beta Testers will review, test and provide written and/or verbal Feedback on new ideas and features for the Culture Trip Services. If you volunteer to be a Beta Tester, you agree (i) that all concepts, design mockups, content or other information shared with you as a Beta Tester is confidential information of Culture Trip and that you will keep it confidential, use it only in connection with your role as a Beta Tester, and not disclose it to any other person, and (ii) that Culture Trip will be the sole owner of all right, title and interest in and to any Feedback you provide to Culture Trip in connection with your role as a Beta Tester. For purposes hereof, “Feedback” means any comments, suggestions, expectations, test results, error data, bug reports or other information or materials that you provide to Culture Trip in connection with your role as a Beta Tester.
Governing Law
You agree that this User Agreement, any claim, action, or proceeding arising out of this User Agreement, your use of the Culture Trip Services, and any claims you may have against Culture Trip with respect to any travel or services you book through the Culture Trip Services shall be governed by and construed in accordance with the laws of the State of New York without reference to the choice of law principles thereof.
Claims Deadline
You agree to present any claims against Culture Trip with respect to this User Agreement, your use of the Culture Trip Services and any Tour Services you book through the Culture Trip Services within thirty (30) days after your trip ends and to file any action or proceeding within one (1) year of the incident from which the claim arose, and you acknowledge that this expressly limits the applicable statute of limitations to one year.
Arbitration
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

You agree that by using the Culture Trip Services, each of you and Culture Trip are waiving the right to trial by jury and waiving the right and ability to participate as a plaintiff or class member in any class action in any dispute arising from your use of the Culture Trip Services.
1. Applicability of this Arbitration Agreement Section. This binding individual Arbitration Agreement will not apply to the extent prohibited by the laws of your country of residence. In the United States, this Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and Culture Trip mutually agree that any and all Disputes between us shall be submitted to confidential binding individual arbitration under the provisions of this Arbitration Agreement. A “Dispute” means any dispute, claim or controversy (except those specifically exempted below) between you and Culture Trip that in any way relates to or arises from any aspect of our relationship, including, without limitation, (i) your use of the Culture Trip Services or any Travel Services or other services provided by Culture Trip, or (ii) this User Agreement, Culture Trip’s Privacy Policy (including its State Privacy Notice) or any other agreement between you and Culture Trip or the applicability, breach, termination, validity, enforcement or interpretation thereof, including the validity and enforceability of this Arbitration Agreement. A Dispute shall be subject to confidential binding individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence) or any other legal or equitable theory. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. You further understand that the right to discovery may be more limited in arbitration than in court.
2. Informal Negotiation Period. Culture Trip’s customer support department is available at [email protected] to address any concerns you may have regarding the Travel Services or the Culture Trip Services and your use thereof. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Culture Trip agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Culture Trip has a Dispute with you, we will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with Culture Trip, you must notify us in writing at [email protected], using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Culture Trip what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Culture Trip later to initiate a lawsuit or arbitration unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Culture Trip agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Culture Trip authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Arbitration Agreement and the notice of Dispute (if any) that you or Culture Trip provided before commencing arbitration.
3. Binding Arbitration. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Culture Trip may elect to have the Dispute finally and exclusively resolved by confidential binding arbitration, unless an exception applies as stated below, by filing a written Demand for Arbitration (available at www.jamsadr.com) with JAMS and providing a copy to the other party as specified on the JAMS Demand for Arbitration and in the JAMS rules. Except in the event of a Mass Arbitration (as defined below), the arbitration shall be conducted by a single arbitrator and administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures effective as of the date of the notice of Dispute, except as modified here. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/. If for any reason, JAMS is unable to administer the arbitration, then except as otherwise stated below, either of us may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS rules. Arbitration hearings may be conducted by video conference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be (i) in the federal judicial district in which you reside for residents of the United States and (ii) New York County, New York for residents of all countries other than the United States. The arbitrator must follow applicable law. The arbitrator's award shall be final and in writing and shall include the essential findings and conclusions upon which the arbitrator based the award. The award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this Arbitration Agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this Arbitration Agreement is not enforceable. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Culture Trip agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
4. Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND CULTURE TRIP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION OR LAWSUIT. Unless you and Culture Trip specifically agree otherwise, the arbitrator may not consolidate any other claims with yours and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief available in a court under law or in equity, but declaratory or injunctive relief may be awarded only on an individual basis to the extent necessary to provide relief warranted by the claimant's individual claim and may not be used in any other case except to enforce the award itself.
  
  If any provision in this Arbitration Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Arbitration Agreement remaining in full force and effect. The foregoing severance provision shall not apply to the prohibition against class or collective actions. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, this entire Arbitration Agreement (but not the remainder of this User Agreement) shall be null and void.
5. Exceptions to Informal Negotiations and Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction and applicable law provisions in Section 12.h. below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
6. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues, of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Arbitration Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and Culture Trip agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than JAMS, you or Culture Trip may seek an order from a court of competent jurisdiction compelling compliance with this Arbitration Agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Culture Trip agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Culture Trip acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Culture Trip agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason the provisions in this Section 12.f only are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with the provisions of Section 12.c of this Arbitration Agreement.
7. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Arbitration Agreement by sending written notice of your decision to opt-out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent by January 31, 2025, or if later the date which is the earlier of thirty (30) days after the date on which you first (i) register for an account or (ii) purchase Travel Services on the Culture Trip Services; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If you opt-out of these arbitration provisions, Culture Trip also will not be bound by them.
8. Venue for Non-Arbitrable Disputes. For any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Culture Trip agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York. You and Culture Trip consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). Claims excluded from arbitration are subject to the venue clauses set forth in this Arbitration Agreement.
9. Survival. This Arbitration Agreement will survive the termination of the relationship between you and Culture Trip for any and all Disputes you or Culture Trip have relating in any way to the services provided by Culture Trip or your relationship with Culture Trip.