Terms of Use
Welcome to Elsewhere! Elsewhere is an online travel marketplace radically improving the way travelers and destinations experience travel. Elsewhere’s platform is designed to connect you, the traveler, with travel agents and local travel companies (“Local Travel Agencies”) to plan your dream trip. Accessing the Elsewhere website (“Site”) is your agreement to these legal terms. You should read this document along with our https://www.elsewhere.io/privacy-policy in its entirety before accessing or using the services on our site. If you don’t agree with our privacy policy or all of the Terms listed here, you may not access the Site or use our services.
The terms “we”, “us”, “our” and “Elsewhere” refer to Elsewhere.
The terms “you” and “your” refer to you the user of the Site.
We can make changes to these Terms from time to time. We’ll tell you if we make material changes and the newest version of our Terms will always be posted on the Site. These changes will become effective immediately. If you continue to use our services following any changes, or if we don’t hear from you, we’ll assume that you’re happy and accept the changes we’ve made. If you don’t agree to these changes, you must immediately stop using the Site. You are also welcome to contact us with any questions you may have.
How to contact us:
You can contact us at: support@elsewhere.io
How we’ll contact you:
We’ll contact you in English through email or phone.
Using the Website
The purpose of the site is to match you with Local Travel Agencies to plan your international trip. The Site is for your personal, non-commercial use. When you use our site in any way, you confirm that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and that you will only use the Site according to these Terms. You agree to be financially responsible for all of your use of the Site (as well as the use of your account by others). If you are making a request or booking on behalf of others, you are responsible for sharing these Terms with them. When booking on behalf of others, you are agreeing to these Terms, the Local Travel Agency's Terms and Conditions, and the Itinerary on behalf of yourself and your whole travel party. You confirm that all information shared with us, by you or on your behalf, or by members of your travel party, is true and accurate. You also confirm that the traveler is not an unaccompanied minor. You agree to only make legitimate reservations and purchases for you and your travel party and understand that submitting payment constitutes an agreement for every traveler associated with the trip. We have the right at all times to deny you use or access to the site for any reason.
What We Do
The Elsewhere site is a platform to connect Travelers and Local Travel Agencies who offer Travel Services to the destinations the Traveler chooses. Travel Services include accommodations, flights, transportation, excursions, and any other service booked by you through the Local Travel Agency.
The Traveler makes a trip request on the Elsewhere platform and is matched with a Local Travel Agency. The Local Travel Agency crafts a custom itinerary including all services provided and costs. If the Traveler chooses to book and pay for the itinerary proposed, you will need to accept the Terms and Conditions of the Local Travel Agency along with the itinerary before submitting payment. Travelers should read these Terms and Conditions carefully as you will be bound by these Terms when you book the trip. Submitting payment constitutes an agreement for every traveler associated with the trip.
The Traveler and Local Travel Agency must communicate only through the platform. This includes the planning of Travel Services, the payment of travel services, providing reviews, or any other action on the Site related directly or indirectly to your trip. You should never pay the Local Travel Agency directly for any Travel Services and you should notify Elsewhere immediately if a Local Travel Agency requests direct payment from you.
We do not own or control the Local Travel Agencies or Travel Services
Our Website is a marketplace designed to connect you with Local Travel Agencies who will then make an Agreement with you to provide Travel Services. Elsewhere does not provide, own or control any of the Local Travel Agencies or Travel Services. Your agreement for Travel Services is with the Local Travel Agency and not with Elsewhere. We do not own, manage or control the Local Travel Agencies and your contract for Travel Services is with the Local Travel Agency. The Travel Services, such as hotels, airlines, transportation, etc. are owned, controlled, or made available by third parties (the “Supplier”). The Suppliers are responsible for the Travel Services. The Local Travel Agency’s terms apply to your booking and travel so you must agree to and understand those terms. By entering into an agreement with a Local Travel Agency and/or utilizing the Travel Services, you agree that neither Elsewhere, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Elsewhere. Elsewhere shall not be liable for any injury, damage, or loss resulting from the neglect of any Local Travel Agency or Supplier or other person supplying services. Elsewhere hold themselves free of responsibility for any damage(s) from any cause(s) whatsoever.
While our Site displays information regarding Local Travel Agencies, this is in no way meant to suggest or imply, or in any way communicate that we are affiliated with the Local Travel Agency. Our Local Travel Agencies are selected based on representations and statements that they make to us during the selection process, and while we attempt to ensure the accuracy of the information, we cannot be liable if a Local Travel Agency provides us inaccurate information. Your interaction with any Local Travel Agency accessed through the Site is at your own risk.
User Accounts
As part of our Service, we allow you to create an account and a profile. If you sign up for an account, you agree to the terms, conditions, and limitations associated with them. The features of the account may change from time to time.
You may only use and register an account if you are over the age of 18 and can enter into binding contracts. If you become a member, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for the use of Our Website by you, anyone using your password and login information (with or without your permission), and anyone who you allow to access your purchased content. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you are solely responsible to promptly change any and all of your Personal information that is affected.
We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed at any one time. We reserve the right to refuse Travelers from creating or logging into their accounts and you may not transfer or assign your account.
Travelers on all Elsewhere trips are required to comply with Elsewhere's Proof of Vaccine policy, which requires full Covid-19 vaccination with the final dose given at least 14 days prior to trip start date. Only vaccines that have been approved by the CDC will be accepted. Elsewhere accepts proof of vaccination in the form of the CDC (Center for Disease Control and Prevention) Vaccine Card, along with a government issued form of identification. If the passenger is unable to be vaccinated due to medical reasons, you may speak to your Local Expert about an exemption. Exemptions will be assessed on a case-by-case basis. Children between 12 and 18 are required to show either proof of vaccination with final dose given at least 14 days prior to trip start date, or a negative Covid-19 test. Children under 12 years old are exempt from providing proof of vaccination or a negative Covid-19 test. It is the responsibility of the traveler to follow the Covid-19 entry requirements of the visiting country.
Deleting your Account
You may delete your account by contacting us. If you would like to request the deletion of your personal data you should read our privacy policy https://www.elsewhere.io/privacy-policy
Force Majeure
Elsewhere shall not be liable at any time, in any way, for loss, injury, or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any accommodation, hotel closures, or any other cause beyond its control. In such cases, Elsewhere will not be responsible for any refund. Any refund you may be entitled to will be from the Local Travel Agency. Local Travel Agencies may choose to offer credits in place of a refund. We are not responsible for a Local Travel Agency’s failure to pay a refund or for supplier bankruptcy or insolvency.
Travel Protection Coverage
We strongly encourage you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such a plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections, and baggage loss. Time constraints may limit purchasing coverage, so you must purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any losses for which travel protection plan coverage would otherwise have been available.
Please contact Elsewhere if you would like information on our preferred travel protection partner.
Payment and Fees
We accept payment by debit or credit card (Visa, MasterCard, and Discover). We do not charge you a fee for using your card, however your bank or card issuer may apply an additional transaction fee. We are not responsible for these charges. Any fees charged by the bank, card issuer, or processor are non-refundable.
Cards are accepted subject to security and fraud checks and we reserve the right to reject or cancel your arrangements at any time should your payment fail any element of these checks before or after confirmation.
Customers paying with a debit or credit card must provide a click authorization for every transaction for your trip.
Credit Card Chargebacks
You may have the ability to dispute charges with your credit card company ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you and attempt to resolve your concerns. By using our platform to make a booking with a Local Travel Agency, you accept and agree to the relevant cancellation policy of that Local Travel Agency.
Elsewhere retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation in the event of a chargeback related to that reservation. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates, or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy concerning the Local Travel Agency’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Elsewhere or the Local Travel Agency or Suppliers.
- Chargebacks resulting because you do not agree with the cancellation policy of the Local Travel Agency.
Errors
We strive to ensure that all pricing and information on the Website is accurate. However, it’s always possible that despite our efforts there may be times when errors occur. These errors may be price-related or other. If, for example, the correct price of your trip is less than our stated price when you booked, we will charge the lower amount. If the correct price at your booking date is higher than the price communicated to you, we will contact you before confirming your booking.
Trip Cancellation
Any trip cancellation will be subject to the terms of the Local Travel Agency and Travel Suppliers. Please refer to the Local Travel Agency’s Terms and Conditions to familiarize yourself with their refund policies. We will have no liability to you for a Local Travel Agency or Travel Supplier’s failure to provide a refund. Refunds are based only on the "Price of Trip" charge as detailed in your Payment Details. Please remember that Elsewhere's fee and any fees charged by credit card providers/processors are always nonrefundable.
Transferring Credit or Payment to a Different Destination
Once a traveler has made any form of payment, whether it be in part or full, they shall not be permitted to transfer said payment or any future travel credit to an alternative destination. The payment made and the contractual agreement associated with the booking, including the terms of the booking, are expressly specific to the chosen destination and the appointed travel expert and their travel agency or DMC. In light of the localized nature inherent in our payment and booking arrangements with our esteemed destination experts, the transfer of payments or credits across disparate destinations is rendered infeasible. Elsewhere strongly advises travelers to exercise due diligence in meticulously evaluating their travel plans and destination preferences prior to making any payment. In the event of any uncertainties or concerns pertaining to the selected destination, it is highly recommended to engage in comprehensive discussions with our dedicated team prior to the finalization of the booking.
Currency
We would like to inform you that our company prices all trips displayed on our website in USD (United States Dollars). This is the standard currency we use for pricing and transactions. Therefore, when browsing our website and considering booking a trip, please be aware that all prices are quoted in USD. If you have any questions or need clarification regarding the pricing or currency details, please do not hesitate to reach out to us.
Disclaimer of LiabilityThe Local Travel Agencies providing Travel Services on this Website are independent contractors and not agents or employees of Elsewhere. Elsewhere is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Local Travel Agency or any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Elsewhere is not responsible for the bankruptcy or the inability of the Local Travel Agency to provide the Travel services.
The information and offers contained on the site (including text, graphics, links, or other material) are provided on an "as is," and "where available" basis. Elsewhere makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, or fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.
Under no circumstances, including but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by Elsewhere.
In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Elsewhere, even if advised of the possibility of such damages. In no event shall our total liability, or that of our providers or distributors, exceed the total charges outlined in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one year from the date on which such claim or action arose.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the site shall be at your own risk.
Indemnification
You agree to defend and indemnify Elsewhere (including its directors, employees, and agents) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced;
- any damage caused by you while using the Travel Services;
- your violation of any law or the rights of a third party; or
- your use of our Platform.
Links to Third Party Sites
Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by Elsewhere of the content of such linked websites or third-party services. Elsewhere has no control of the content of any linked website and is not responsible for these websites or their content or availability. Elsewhere makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Elsewhere accepts no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website.
Intellectual Property
We, along with our corporate affiliates, the Local Travel Agency, Third Party Suppliers, and other licensors, own all of the text, images, software, trademarks, service marks, and other material contained on the Site. By using the Site, you agree that you will not copy or transmit any of the material if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on the Site must appear on all copies you print. Other non-Elsewhere product, service, or company designations on the Site belong to those respective third parties and may be mentioned on the Site for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Site does not grant you any license or right to use any of the marks included on the Site.
Content on the Site
The “Content” on the Site is the copyrighted work of Elsewhere and/or the Local Travel Agencies or Suppliers. “Content” includes, but is not limited to, all materials, information, text, graphics, images, logos, photographs, illustrations, audio clips, video clips, and audio-visual material available on the Site. You may not modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Prohibited Uses
The content and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and the Local Travel Agency. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through the Site, you agree not to do any of the following without our express permission:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
- use this Website or its contents for any commercial purpose;
- access the Website with any manual or automated process for any purpose other than your personal use or inclusion of Elsewhere pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
- use any device, software, or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- post or distribute any material on Our Website that violates the rights of any third party or applicable law;
- use Our Website to collect or store personal data about others whether through data mining or any other means;
- use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
- use any data mining methods whatsoever and for any purposes whatsoever.
If your booking or membership account shows signs of fraud, abuse, or suspicious activity, Elsewhere may cancel any bookings associated with your name, email address, or account, and close any associated Elsewhere accounts. If you have conducted any fraudulent activity, Elsewhere reserves the right to take any necessary legal action and you may be liable for monetary losses to Elsewhere, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, or cancellation of an order please contact support@elsewhere.io.
Review Comments Photos and Other Content Submissions
Parts of the Site enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). If you use said interactive areas on the Site you are solely responsible for the Content that you upload, transmit, or share with us or others on or through the website (collectively, the "User Content"), and you confirm that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.
When you provide us with User Content, you own the Content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible form and electronically) all User Content or other Content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the Content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.
You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the websites. By providing User Content, you represent and confirm that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content or your account at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.
You must not create and/or upload any User Content that:
- is advertising, placed as a review or a survey;
- is intentionally untrue or deceptive;
- is immoral, pornographic, discriminatory, or in any other way offensive;
- violates applicable laws in any way or constitutes a criminal offense; or
- contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers.
Account Termination
We reserve the right, in our sole discretion and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.
Privacy
Your privacy is important to us. Please click here https://www.elsewhere.io/privacy-policy to review our privacy policy. Your personal information will be used in accordance with our privacy policy so we encourage you to review it.
Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel before submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
- A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
Please contact us for claims of copyright infringement on the site.
Complaints
We understand that sometimes issues may arise. If you have complaints, we encourage you to contact us at support@elsewhere.io, so that we can work with you to attempt to resolve the problem. If you have an issue with your Travel Services, your complaint should be addressed to the Local Travel Agency.
Dispute Resolution/Arbitration
Any dispute, controversy, or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these terms including any dispute concerning the construction, validity, interpretation, enforceability, or breach of the terms, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
Governing Law
Any appeal concerning an arbitration shall be governed by and construed under the laws of the State of New York (without regard to conflict of laws principles), all rights and remedies being governed by said laws. The Parties hereby submit to the exclusive jurisdiction of state and federal courts located in New York.
Attorney’s Fees
In any action or proceeding brought regarding any controversy or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the terms, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.
Validity
If any provision of the Terms of these Terms of Use is held invalid, unenforceable, or otherwise illegal, the remainder of the Terms and the application of such provisions will not be affected, and the provision held to be invalid, unenforceable, or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.
No Wavier
Elsewhere’s failure to give notice of any breach by you, or to require compliance with, any condition of the Terms shall not be deemed a waiver.
General
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
Last Updated April 12, 2021