AGREEMENT BETWEEN CUSTOMERS AND SERKO
Welcome to the serko.ai website (the “Website”). We provide online travel agency services through our Website, which services include but are not limited to hotel, transfer, air travel booking and fulfillment services, cancellation protection, and packaged offerings that include a combination of the above, as well as assist and facilitate customers in gathering travel information, determining the availability of travel-related goods and services, facilitating legitimate reservations or otherwise acting as an intermediary for you to transact business with travel Suppliers (collectively, “Serko Services”). The terms “we”, “us”, “our”, “Serko” refer to Serko Inc., a Delaware corporation, having an office located at Suite 3900C, 1900 W. Kirkwood Blvd., Southlake, Texas 76092, USA, as well as its subsidiaries and affiliated entities. These Website and Booking Terms and Conditions, together with our Privacy Policy (which is referenced herein and can be found at https://www.serko.ai/legal/privacy-policy (collectively, the “Terms and Conditions” or “Agreement”), are a binding agreement between Serko and the Customer and each User, as those terms are defined in clause 1.
Please read these Terms and Conditions carefully before using the Website or Serko Services, as they contain waivers of liability as well as a waiver of class action and venue selection and notice clauses.
1. PARTIES, DEFINITIONS AND INTERPRETATION
1.1 Parties
These Terms and Conditions are a binding agreement between Serko and (a) the Customer and (b) each User. The Customer and each User are bound in the manner described in clauses 2 and 3.
1.2 Definitions
In these Terms and Conditions:
“Account” means the Customer’s serko.ai account, comprising its Company Profile and the User Profiles linked to it.
“Booking” means any reservation or purchase of Travel Products made through the Serko Services, including any Travel Products or Travelers added to it later.
“Company Profile” means the profile of an organization on the Website, whether created by Serko by reference to the email domain of a registering User, created by a User, or otherwise.
“Customer” means: (a) the organization whose Organizational Email domain is used to register a User Profile, or that is identified in the Company Profile to which a User Profile is linked; or (b) where clause 2.4 applies, the individual referred to in that clause, in respect of that individual’s use of the Serko Services and the Bookings made under that individual’s User Profile.
“Organizational Email” means an email address issued to an individual by their employer, or by another organization that the individual represents, using a domain owned or controlled by that organization.
“Personnel” means an organization’s employees, officers, contractors and consultants.
“Privacy Policy” means the serko.ai Privacy Policy referred to above, as updated from time to time.
“Serko Services” , “Supplier”, “Supplier Terms” and “Travel Products” have the meanings given to them elsewhere in these Terms and Conditions.
“Support and Protection Fee” has the meaning given in clause 8.2.
“Travel Manager” means a User appointed as an administrator of the Customer’s travel program in accordance with clause 3.3.
“Traveler” means an individual who is named in, or travels under, a Booking, whether or not that individual is a User.
“User” means an individual who registers a User Profile or who otherwise accesses or uses the Website or the Serko Services, and includes a Travel Manager and a Traveler who holds a User Profile.
“User Profile” means an individual’s registered profile on the Website.
1.3 “You” and “your”
References to “you” and “your” are to the Customer and to each User, as the context requires, and each is bound by the relevant provision as follows:
(a) provisions concerning payment, fees, chargebacks, indemnification and the Customer’s travel program bind the Customer and the User who makes the relevant Booking, as set out in clause 8.3;
(b) provisions concerning travel, travel documents, health and fitness, conduct, Supplier requirements and the accuracy of information supplied bind each User, and each Traveler for whom that User makes a Booking; and
(c) a provision that refers only to the Customer, or only to a User, binds only that party.
1.4 Interpretation
Headings are for convenience only. “Including” means including without limitation. References elsewhere in these Terms and Conditions to a “traveler” are to a Traveler.
2. ACCEPTANCE AND AUTHORITY
2.1 How you accept
By registering a User Profile, creating or joining a Company Profile, making a Booking, or otherwise accessing or using the Website or the Serko Services, you agree to these Terms and Conditions and acknowledge the Privacy Policy. If you do not agree, you must not register, access or use the Website or the Serko Services, or make any Booking.
2.2 Organizational Email required
The Serko Services are provided to organizations for the arrangement of business travel. To register, a User must use an Organizational Email. When you register with an Organizational Email:
(a) Serko will create a Company Profile for your organization by reference to your email domain, or will link your User Profile to the existing Company Profile for that organization;
(b) that organization is the Customer; and
(c) you represent that you are one of that organization’s Personnel and that it permits you to use the Serko Services for its business travel.
2.3 Creating a Company Profile
If you are the User who creates a Company Profile, including by proceeding after Serko notifies you that a Company Profile will be created for your organization, you represent and warrant to Serko that you are authorized to accept these Terms and Conditions on behalf of that organization, and your acceptance binds that organization to these Terms and Conditions as the Customer.
2.4 If you do not have authority, or there is no organization
If you do not have the authority described in clause 2.3, or you register other than on behalf of an organization (including as a sole proprietor, or using an email address that Serko has permitted although it is not an Organizational Email), then you are the Customer personally in respect of your use of the Serko Services and all Bookings made under your User Profile, and you are personally liable as such. This is without prejudice to any claim Serko may have against you for breach of clause 2.3.
2.5 Customer’s conduct
Without limiting clause 2.3, an organization becomes and remains bound by these Terms and Conditions as the Customer if it, or any person acting for it:
(a) appoints a Travel Manager;
(b) sets travel policies or approval settings, or approves or manages Bookings, in the Account;
(c) pays for Bookings or fees using a payment method or billing arrangement belonging to it;
(d) permits its Personnel to use the Serko Services under the Account; or
(e) otherwise uses, or accepts the benefit of, the Serko Services.
2.6 Company Profile accuracy
The Customer must ensure that its Company Profile correctly identifies the legal entity that is the Customer, and must promptly correct any error through its Travel Manager or by contacting hello@serko.ai. Where an email domain is used by more than one legal entity, the Customer is the entity identified in the Company Profile, and it is responsible under these Terms and Conditions for use of the Account by Personnel of its affiliates.
2.7 Personal email addresses
Serko may refuse or cancel any registration that does not use an Organizational Email. If Serko permits such a registration, clause 2.4 applies.
2.8 Capacity and electronic contract
Each User represents that they are at least 18 years of age and have legal capacity to enter into these Terms and Conditions. You agree that these Terms and Conditions are the legal equivalent of a signed, written contract between Serko and you, and that Serko’s records of your acceptance are evidence of it.
3. USERS, TRAVEL MANAGERS AND THE ACCOUNT
3.1 Each User’s obligations
Each User is personally bound by these Terms and Conditions in respect of their own access to and use of the Website and the Serko Services. Each User must:
(a) provide accurate and complete information and keep it up to date;
(b) keep their login credentials confidential and not share them;
(c) use the Serko Services only for the Customer’s business travel and in accordance with these Terms and Conditions and any travel policies the Customer applies in the Account;
(d) use the Website only to utilize the Serko Services and for no other purpose, commercial or otherwise;
(e) promptly notify Serko of any unauthorized use of their User Profile; and
(f) acknowledge that some Suppliers have age requirements and restrictions for the purchase and use of their accommodations and services, and that the User and those traveling with them are subject to those requirements and restrictions.
3.2 Customer’s responsibility for Users
The Customer is responsible to Serko for all access to and use of the Serko Services, and for all Bookings made, under its Account by its Users, and must ensure that its Users comply with these Terms and Conditions. If the Customer becomes aware that a person is using its Account without its authorization, it must remove that person’s access through its Travel Manager or notify Serko at hello@serko.ai without delay. The Customer remains responsible for Bookings made before Serko receives that notice and has had a reasonable opportunity to act on it.
3.3 Travel Managers
The Customer may appoint one or more of its Users as Travel Managers in the Account. A Travel Manager may, on behalf of the Customer:
(a) set and apply the Customer’s travel policies and approval settings;
(b) view the itineraries, Booking details and profile information of the Customer’s Users, and change or cancel their Bookings;
(c) add, approve, suspend and remove Users; and
(d) view and edit the Company Profile, including the legal entity name, and add and manage payment methods and billing details.
Serko may treat the acts and instructions of a Travel Manager as those of the Customer. Serko may rely on a User’s representation, made through the Account, that the Customer has authorized them to act as its Travel Manager, and the Customer bears the risk of any appointment made from within its Account or by a person using its Organizational Email.
3.4 Where no Travel Manager has been appointed
Until the Customer appoints a Travel Manager:
(a) Serko may treat each User as authorized by the Customer to make Bookings for themselves and for any Travelers they name;
(b) no Customer-specific travel policies or approval settings will apply to Bookings;
(c) each User remains liable under clause 8.3 for the Bookings they make; and
(d) Serko may prompt Users to arrange the appointment of a Travel Manager and may limit the availability of certain features of the Serko Services until one is appointed.
3.5 Visibility of User information
Each User acknowledges that the Customer’s Travel Manager(s), once appointed, will be able to view that User’s itineraries, Booking details and profile information held in the Account, and to change or cancel that User’s Bookings, as administrator of the Customer’s travel program, and that Serko will disclose that information to the Customer as described in the Privacy Policy. Serko is not responsible for the Customer’s or a Travel Manager’s use of that information.
3.6 Users who leave the Customer
If a User ceases to be one of the Customer’s Personnel, the Customer may remove the User’s access to the Account and the User must stop using it. Bookings made under the Account remain part of the Customer’s Account.
3.7 Bookings for other Travelers
The User who makes a Booking accepts these Terms and Conditions on behalf of each Traveler named in it (including any Traveler added later), represents and warrants that they are authorized to do so, and must inform each such Traveler of these Terms and Conditions and of any Supplier Terms that apply.
3.8 Speculative, duplicate and abusive Bookings
Each Booking must reflect a genuine intention to travel as booked. You must not, and must not permit a Traveler to: (a) hold more than one Booking for the same Traveler for the same or overlapping dates, route or stay, other than as a Traveler's confirmed itinerary reasonably requires; (b) make a Booking that you do not intend to use in order to hold inventory, hedge against price or availability, or compare options; (c) make Bookings with the intention of cancelling them under any cancellation protection, free-cancellation or refund entitlement; (d) otherwise use any cancellation, refund or protection feature in a manner that is inconsistent with its purpose or that imposes cost on Serko or a Supplier; or (e) use the Website, the Serko Services or the AI Services at a volume, frequency or in a manner that is disproportionate to a genuine intention to book business travel, or that places unreasonable load on Serko's systems or the AI Services, as reasonably determined by Serko (together, "Speculative Booking"). Serko may determine, acting reasonably and by reference to booking and cancellation patterns on the Account, whether a Booking is a Speculative Booking. Where it does, Serko may, without liability and in addition to clause 9: (i) cancel the Booking; (ii) withdraw or decline to apply any cancellation protection or refund entitlement to it, so that the Supplier Terms govern any cancellation; (iii) charge the Customer and the User any fees or costs charged to Serko by a Supplier in respect of it; and (iv) restrict the Account's access to cancellation protection or free-cancellation features generally.
4. BUSINESS USE; CONSUMER LAWS
4.1 Business offering
The Website and the Serko Services are a business-to-business offering for organizations arranging business travel for their Personnel. The Customer and each User represent that they are acquiring and using the Serko Services for business purposes and not for personal, family or household purposes.
4.2 Consumer laws
To the maximum extent permitted by law, laws intended for the protection of consumers do not apply to these Terms and Conditions or to the Serko Services. If any such law applies to you and cannot lawfully be excluded, nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy you have under it, and the other provisions of these Terms and Conditions apply to the extent permitted.
5. SUPPLIERS
5.1 We do not own, manage, control, provide, supply, or operate any of the travel-related products or service included in your Booking (the “Travel Products”). Serko provides an online travel booking platform and related facilitation services that enable users to search for, request, reserve, and purchase Travel Products offered by independent third-party transportation, cancellation protection, accommodation, rental car, and other Travel Product providers (collectively referred to herein as “Suppliers”). Serko acts solely as an independent travel intermediary and booking facilitator between users and Suppliers, and not as a fiduciary, travel advisor, or guarantor of any Supplier’s Travel Products. All Bookings are made directly between you and the relevant Supplier subject to the terms, conditions, policies, rules, and restrictions of that Supplier, including without limitation cancellation and refund policies (collectively, “Supplier Terms”). Those Supplier Terms may include rules and restrictions about the Travel Products, exclusions, limitations of liability (including some which limit or exclude liability for death, personal injury, delay and loss or damage to baggage), restrictions on amendment or cancellation and other terms and conditions. It is important for you to review the terms and conditions provided by the Suppliers. Depending on your destination of travel, we may use the services of another travel service provider inside or outside of the United States of America for the fulfillment of the Serko Services. Due to frequent changes, we cannot guarantee the accuracy of any information provided on/through our Website and/or the Serko Services, including without limitation information provided by our travel agents or any government or third-party websites we may reference, and we expressly disclaim any and all liability for inaccurate or incomplete information contained on such sites or provided by us.
6. OUR RELATIONSHIP TO YOU
6.1 In our role as an online travel agent, we act as an intermediary agent and independent contractor between you and the Supplier(s); no joint venture, partnership, employment, agency, representative, fiduciary or similar relationship exists between you and us, or any Supplier related to the Serko Services, as a result of your use of the Serko Services. We merely assist you in finding Suppliers and making certain arrangements for travel. We consider numerous factors in identifying Suppliers and recommending specific itineraries. We want you to be aware that certain Suppliers may pay us commissions as well as incentives for reaching sales targets or other goals. Suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs, and supporting technology initiatives. The relationships we have with Suppliers may also influence our recommendations. Our recommendations are solely suggestions; any and all decisions as to appropriate destinations of travel and Suppliers are your sole and exclusive decision and we do not accept any responsibility or liability should you be dissatisfied, for any reason, due to the destinations and/or the Suppliers we may suggest.
7. RESERVATION AND PURCHASE
7.1 Serko does not execute financial or travel commitment decisions without explicit user approval delivered via deterministic UI (e.g. confirmation page, standard web form, clickwrap agreement, etc.). Additionally, you acknowledge and agree that the Supplier Terms shall apply to your reservation and/or purchase of products and services and agree that you shall abide by the Supplier Terms, including without limitation payment of all amounts when due and compliance with the applicable Supplier. You understand that any violation of any such Supplier Terms including without limitation timely payment, may result in: (i) you forfeiting any monies paid for such reservation or purchase; (ii) cancellation of your reservation or purchase; (iii) you being denied access to any hotels, or any other products or services; and (iv) us debiting your account for any costs we incur as a result of such violation. You acknowledge and agree that: (i) Suppliers may change their prices without notice prior to reservation or purchase by you; and (ii) you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of our Serko Services, including without limitation all reservations and purchases you make. You acknowledge that some Suppliers may require you to sign a liability waiver or other forms prior to using their services, and you understand that your unwillingness to do so may result in a cancellation of your reservation(s), being denied access to the Supplier’s services, and forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier Terms.
7.2 Quotations may be invalidated at any time prior to Booking confirmation. Your reservation/purchase may be non-refundable and non-cancellable. Serko may display general travel information about visa requirements; this is not visa advice. Travelers are solely responsible for confirming entry requirements with relevant authorities or a licensed immigration advisor.
7.3 Any cancellation or change, if permitted, is subject to the Supplier Terms of the Supplier and/or Travel Product that you selected, or as otherwise disclosed to you prior to booking confirmation. At the time of reservation/purchase, you may be charged the total cost of the Supplier’s products and services that you selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check out from the hotel and any airfare fees including, but not limited to, baggage fees, seat assignment fees, early boarding fees, etc.). If applicable, certain mandatory hotel-imposed charges are payable to the property upon check-out (e.g., mandatory resort fees); any incidental charges that you make during your stay will be charged to you by the property upon check-out, including but not limited to parking, phone calls, internet access and room service. In addition, car rentals may require a credit or debit card at the time of pick-up for any vehicle as a form of security and/or hold. Some properties, and rental car companies have age requirements; please check with the property or rental car company for more information. If permitted, changes to your reservation/purchase are subject to the policies of the Suppliers that you selected. If permitted, and you choose to change your reservation/purchase, you may incur a change fee, plus any difference in the fare attributable to the change. If your reservation/purchase is with multiple Suppliers, and if cancellation is permitted by one Supplier and not the other, you will not be refunded for the portion of your trip for which cancellations are not permitted and you will be required to cancel your entire trip. If cancellation is permitted, you may incur a cancellation fee. The amount of the cancellation fee will depend on the applicable Supplier Terms. Upon receipt, you are responsible for promptly reviewing your reservation/purchase confirmation/itinerary for accuracy and immediately notifying us of any errors.
7.4 If, for whatever reason the credit/debit card you provide for any payment is subsequently found to be fraudulent or lacking sufficient limits or funds to make the full payment, we reserve the right to perform any (or a combination) of the following: (i) decline your payment and require another form of payment to secure your Booking (and your Booking will not be confirmed or reserved until an additional form of payment is provided); (ii) cancel any reservation/s you made, and if fraudulent, refund all monies used for the reservation to the user or victim of the fraud; (iii) immediately require full payment from another credit card at the going rate for your accommodation(s) at the time of your full payment; (iv) terminate and restrict your ability to utilize our services at any time in the future; and/or (v) we may pursue any remedy necessary, including, but not limited to pursuing legal action.
7.5 Financial Institution/Credit Card Fees & Currency Conversions
We will process your credit card payment in USD. However, in some circumstances we may process your credit card payment in local currency. You acknowledge and agree that some banks and credit card companies charge fees for international or cross border transactions. The same shall apply for any payments you choose to make while on-site at any international accommodation (including, but not limited to, resort fees, VAT taxes, etc.). Booking international travel may be considered an international transaction by your bank or credit card company. Some banks and credit card companies also charge a currency conversion fee. For example, if your Booking is in a currency that differs from your credit card currency, your credit card company may impose a currency conversion fee. This fee is determined solely by the currency exchange rate and your credit card company or bank typically on the day the transaction is processed. If you have questions concerning any of these fees, please contact your bank or credit card company prior to booking on the Website.
8. PAYMENT, SUPPORT AND PROTECTION FEE, AND LIABILITY FOR BOOKINGS
8.1 Payment for Travel Products
Serko is not the merchant of record for Travel Products. The price of Travel Products, including Supplier taxes and fees, is payable to the relevant Supplier or its payment service provider, and the Supplier Terms govern changes to, cancellation of and refunds of that price. By confirming a Booking you authorize Serko and its payment service providers to charge the payment method you provide for the total Booking price and the Support and Protection Fee at the time of Booking, and to pass the Booking price to the Supplier or its payment service provider.
8.2 Support and Protection Fee
Serko charges a fee on each Booking, calculated on the total Booking value including Supplier taxes and fees (the “Support and Protection Fee”). The Support and Protection Fee:
(a) is displayed as a separate line item before you confirm a Booking;
(b) is payable to Serko, not to the Supplier, and is charged to the payment method used for the Booking at the time of Booking;
(c) is consideration for Serko’s booking, support and facilitation of third-party services in respect of the Booking; and
(d) is non-refundable.
Serko may change the rate of the Support and Protection Fee at any time without notice. A changed rate applies only to Bookings made after the changed rate takes effect on the Website.
8.3 Who is liable
The Customer and the User who makes a Booking are jointly and severally liable to Serko for:
(a) the Support and Protection Fee on that Booking;
(b) any change, cancellation, no-show or similar fees, and any other amount that a Supplier charges to Serko in respect of that Booking;
(c) any improper chargeback in respect of that Booking, and Serko’s costs under clause 8.5; and
(d) any other amount payable to Serko under these Terms and Conditions in respect of that Booking.
Where the User is the Customer under clause 2.4, the User is solely liable. A User’s use of a personal payment card, and any reimbursement arrangement between the Customer and its Personnel, do not affect who the Customer is or the Customer’s liability under these Terms and Conditions.
8.4 Payment methods
Payments are processed through a secure online system and may be made using major credit cards, including Visa, Mastercard and American Express. The User making a Booking must provide a click-through, checkbox or other authorization for every transaction; that authorization is a legally binding instruction to Serko to process payment and an acknowledgement of these Terms and Conditions, including the cancellation terms. You confirm that you are authorized to use the payment method you provide, whether it is issued to the Customer or to you. Where the Serko Services require a payment method to be kept on file, the Customer must maintain a valid one and must promptly update payment details that change. You consent to Serko sharing payment information and instructions with its third-party payment service providers (including credit card processors and merchant services) in order to complete transactions. If a payment method is declined, is found to be fraudulent, or lacks sufficient funds, Serko may take any of the steps described in clause 7.4.
8.5 Chargebacks
You agree not to make any improper chargebacks, and not to dispute with your card issuer any charge that is consistent with these Terms and Conditions. In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, you must send an email to hello@serko.ai regarding any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Serko retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks, and to cancel any travel reservation related to that improper chargeback. The Customer and the User who made the Booking agree that the following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
(a) Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
(b) 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.
(c) Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
(d) Chargebacks resulting from force majeure or other circumstances that are beyond the control of Serko or the Supplier.
(e) Chargebacks resulting because you do not agree with the cancellation policy.
(f) Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your travel.
(g) Chargebacks resulting from an experience where you were not satisfied with the services/products provided by travel Supplier.
9. SUSPENSION AND TERMINATION
9.1 Suspension and restriction by Serko
Serko may, at any time and without liability to the Customer or any User, suspend, restrict or limit any User’s or the Customer’s access to all or part of the Website or the Serko Services, decline or cancel any Booking that has not yet been confirmed by the Supplier, and remove or disable any content, where Serko reasonably considers that:
(a) the Customer or a User is in breach of these Terms and Conditions, any Supplier Terms or applicable law;
(b) any amount payable to Serko is overdue, a payment method has been declined or is suspected to be fraudulent, or a chargeback has been initiated in respect of a Booking;
(c) the Account or a User Profile is, or is suspected to be, the subject of unauthorized access or fraud, or is being used by a person who is not one of the Customer’s Personnel;
(d) the Customer or a User has engaged in conduct that is abusive, threatening or harassing toward Serko’s personnel, a Supplier or another User, or that is likely to cause loss or reputational harm to Serko or a Supplier;
(e) a User has attempted to interfere with, reverse engineer, scrape, overload or circumvent the security of the Website or the Serko Services, or has used the AI Services in a manner intended to produce unauthorized outputs or actions;
(f) a Supplier, payment service provider, regulator, law enforcement agency or court requires Serko to do so; or
(g) suspension is necessary to protect the security, integrity or availability of the Website or the Serko Services, including for maintenance or to address a security incident.
(h) the Customer or a User has made, or Serko reasonably suspects has made, a Speculative Booking in breach of clause 3.8.
Where practicable, Serko will notify the Customer’s Travel Manager (or, if none has been appointed, the affected User) of a suspension and of any steps required to restore access. Serko may lift a suspension once the cause has been remedied to its reasonable satisfaction.
9.2 Termination by Serko
Serko may terminate these Terms and Conditions with the Customer, close the Account, or terminate any User’s access to the Serko Services:
(a) immediately by notice, where a circumstance described in clause 9.1(a) to (h) is material, is incapable of remedy, is a repeat of an earlier occurrence, or is not remedied within ten (10) days after Serko has notified the Customer or User of it;
(b) immediately by notice, where the Customer becomes insolvent, makes an assignment for the benefit of creditors, is the subject of bankruptcy, receivership or similar proceedings, or ceases to carry on business; or
(c) for any other reason, including where Serko discontinues the Serko Services in whole or in part, by giving at least thirty (30) days’ notice to the Customer’s Travel Manager (or, if none has been appointed, to the Customer’s Users) by email or through the Website.
9.3 Termination by the Customer or a User
The Customer may close its Account at any time by notice to Serko at hello@serko.ai. A User may stop using the Serko Services at any time and may ask the Customer’s Travel Manager (or Serko, where none has been appointed) to deactivate their User Profile. Closing the Account or a User Profile does not affect any Booking already made or any amount already payable.
9.4 Effect of suspension or termination
On suspension or termination:
(a) the right of the Customer and its Users to access and use the Website and the Serko Services ends (in the case of suspension, for the period of the suspension);
(b) Bookings that have already been confirmed by a Supplier remain in place between the Traveler and the Supplier and continue to be governed by the Supplier Terms, and Serko may, at its discretion, continue to provide support for those Bookings or refer the Customer or Traveler to the Supplier;
(c) all amounts payable to Serko, including the Support and Protection Fee on Bookings already made, become immediately due and remain payable, and no Support and Protection Fee is refunded;
(d) Serko may retain and use information relating to the Customer and its Users in accordance with the Privacy Policy and applicable law, and may delete Account data after a reasonable period; and
(e) Serko has no liability to the Customer or any User for any loss arising from a suspension or termination made in accordance with this clause 9.
9.5 Survival
This clause 9, clauses 1, 4, 8, 14, 18 to 20 and 22 to 28, and any other provision of these Terms and Conditions which by its nature is intended to survive, continue to apply after termination.
10. TRAVELER INFORMATION
10.1 We bring to your attention the importance of accuracy, especially in connection with any information provided in connection with visa procurement. Names provided to secure Bookings or visas must exactly match travelers’ passports. Any corrections required to be made in connection with your Booking or visa could result in an inability to travel and we disclaim any liability in connection therewith. Any minor name corrections advised after airline or other tickets and documents have been issued will incur fees at sole expense of the traveler. Not all name corrections will be permitted by Suppliers and may require the purchase of a new ticket or document. All required travel information must be completed and submitted to Serko before your departure. Please review all correspondence and documents, including cancellation policies of your Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours with any corrections. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
11. CHANGES & CANCELLATIONS OF BOOKINGS
11.1 Changes & Cancellation by You or Those Named in the Booking
Changes to a Booking are considered canceled services, and as such, additional cancellation penalties may apply. Changes are subject to additional charges by Suppliers based on availability and may include additional fees or an increase in the total trip price. Any changes (especially with regards to airfare or other ticket contracts, including cruise lines) are subject to the applicable Supplier’s Supplier Terms.
11.2 Changes or cancellation of travel must be submitted via the Website and is effective from the date we receive written notification. All Suppliers have their own cancellation policies and procedures, which apply to your Bookings. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier Terms or refer your cancellation request to the applicable Supplier to coordinate any applicable refunds directly with you. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not us. Suppliers may choose to provide you with a travel voucher or credit in lieu of a refund. We are not responsible for a Suppliers’ failure to pay a refund or for Supplier bankruptcy or insolvency.
11.3 You agree to pay any cancellation or change fees that you incur. In some cases, certain Suppliers will not permit changes or cancellations after the Booking is made, as indicated in the Supplier Terms provided with your booking, and as such, you acknowledge and agree that you may not be able to change or cancel certain types of reservations made on our Website.
11.4 NOTE: Your stay within the destination you have chosen will be as expressly described in your itinerary and/or selected package and any extension to the number of days of your stay is subject to, and will only be permitted in accordance with, applicable Supplier Terms (e.g., hotel)..
11.5 Changes & Cancellation by Supplier
We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We may help coordinate any alternative options offered by the Supplier, but we will have no further liability to you. Before or during your trip, Serko and/or its Suppliers may need to cancel or change/substitute parts of your itinerary, including but not limited to ports of call and embarkation schedule, hotels and accommodations of comparable quality, air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may also substitute transportation equipment based on circumstances such as passenger volume. Some facilities or services may be limited or unavailable during holidays or special occasions. When possible, alternatives may be offered but are not guaranteed. We are not responsible for closures or necessary itinerary changes. These changes are not considered material and do not give you the right to cancel without penalty. Normal cancellation fees still apply if you cancel your trip after these changes.
11.6 No Refund for Unused Arrangements
As Serko’s prices are based on contract rates with Suppliers, there will not be any refund for any unused portion of a Booking. If you cancel while the trip is in progress, there is no refund for the unused portion. No refunds will be made for any travel arrangements not utilized, whether by choice or because of late arrival or early departure. This includes the failure of transportation Suppliers to operate according to schedule, which we disclaim responsibility for.
11.7 How to cancel or amend a Booking
Where cancellations or modifications to Bookings cannot be facilitated via the Website, please contact our customer service via email at hello@serko.ai or call the number provided in your travel confirmation.
12. FORCE MAJEURE
12.1 We assume no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, artificial intelligence execution errors or misinterpretations or hallucinations by AI or other automated systems, or any other unforeseen circumstances or any other factors unforeseen by us that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by us.
13. TRAVEL PROTECTION
13.1 Serko may offer you ‘Stress-free Cancellation’ by Hopper Inc (‘HTS’) in connection with certain bookings on the Website subject to HTS’ Terms and Conditions available here: https://www.serko.com/legal/free-cancel-terms-conditions. Serko may withdraw, change or introduce a charge for any cancellation protection it offers at any time; any such change applies only to Bookings made after it takes effect. Any additional travel protection or travel insurance must be promptly purchased prior to or following your Booking. Serko is not liable for any issues in connection with any travel protection applied to your Bookings. Serko is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans and as such Serko cannot evaluate the adequacy of your existing travel protection or insurance coverage. Serko cannot guarantee that any insurance or cancellation protection provider will approve coverage for a claim or cancellation made under the provider’s policy and makes no representations about the extent of coverage for any policy or protection it may offer or quote. If you have any questions about your travel protection or insurance coverage, contact HTS, or your insurer or insurance agent or broker.
13.2 Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Serko cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities. Declining to purchase adequate travel protection and/or insurance could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. IF YOU CHOOSE TO TRAVEL WITHOUT ADEQUATE INSURANCE COVERAGE, SERKO WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES HOWSOEVER ARISING, FOR WHICH TRIP PROTECTION PLAN COVERAGE WOULD OTHERWISE HAVE BEEN AVAILABLE.
14. DISCLAIMERS REGARDING SUPPLIERS
14.1 SERKO AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES USE THIRD PARTY SUPPLIERS TO ARRANGE TOURS, TRANSPORTATION, RENTAL CARS, SIGHTSEEING, LODGING, AND ALL OTHER SERVICES RELATED TO YOUR TRAVEL. WE ARE AN INDEPENDENT CONTRACTOR AND ARE NOT EMPLOYEES OR AGENTS OR REPRESENTATIVES OF ANY SUPPLIERS. WE DO NOT OWN, MANAGE, OPERATE, SUPERVISE, OR CONTROL ANY TRANSPORTATION, VEHICLE, AIRPLANE, HOTEL OR RESTAURANTS, OR ANY OTHER ENTITY THAT SUPPLIES SERVICES RELATED TO YOUR TRIP. ALL SUPPLIERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OR REPRESENTATIVES OF OURS. ALL TICKETS, RECEIPTS, COUPONS, AND VOUCHERS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY EACH SUPPLIER, AND BY ACCEPTING THE COUPONS, VOUCHERS, AND TICKETS, OR UTILIZING THE SERVICES, ALL TRAVELERS AGREE THAT NEITHER SERKO, NOR ITS AFFILIATES, AND ALL EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES THEREOF ARE OR MAY BE LIABLE FOR ANY LOSS, INJURY, DEATH, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES TO ANY TRAVELER OR THEIR BELONGINGS, OR OTHERWISE, IN CONNECTION WITH ANY SERVICE SUPPLIED OR NOT SUPPLIED RESULTING DIRECTLY OR INDIRECTLY FROM ANY OCCURRENCE BEYOND OUR CONTROL. SERKO, AND ITS AFFILIATES, AND ALL EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THEREOF ASSUME NO RESPONSIBILITY OR LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, PANDEMIC, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW). SERKO, AND ITS AFFILIATES, AND ALL EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THEREOF HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER OR GOVERNMENTAL AUTHORITY. THE FACT THAT WE INCLUDE OR OFFER ANY PRODUCT OR SERVICE ON/THROUGH OUR WEBSITE AND/OR TRAVEL AGENCY SERVICES DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE AND/OR TRAVEL AGENCY SERVICES ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICE. SERKO, AND ITS AFFILIATES, AND ALL EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THEREOF HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL O R INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SUPPLIER THROUGH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SUPPLIERS AND YOU HEREBY EXONERATE SERKO,, AND ITS AFFILIATES, AND ALL EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES THEREOF FROM ANY LIABILITY WITH RESPECT TO THE SAME.
14.2 FEDERAL LAW FORBIDS THE CARRIAGE OF HAZARDOUS MATERIALS ABOARD AIRCRAFT IN YOUR LUGGAGE OR ON YOUR PERSON. A VIOLATION CAN RESULT IN FIVE YEARS’ IMPRISONMENT AND PENALTIES OF $250,000 OR MORE (49 U.S.C. 5124). HAZARDOUS MATERIALS INCLUDE EXPLOSIVES, COMPRESSED GASES, FLAMMABLE LIQUIDS AND SOLIDS, OXIDIZERS, POISONS, CORROSIVES AND RADIOACTIVE MATERIALS. EXAMPLES: PAINTS, LIGHTER FLUID, FIREWORKS, TEAR GASES, OXYGEN BOTTLES, AND RADIO- PHARMACEUTICALS. THERE ARE SPECIAL EXCEPTIONS FOR SMALL QUANTITIES (UP TO 70 OUNCES TOTAL) OF MEDICINAL AND TOILET ARTICLES CARRIED IN YOUR LUGGAGE AND CERTAIN SMOKING MATERIALS CARRIED ON YOUR PERSON.
15. FLIGHT DELAYS; INSECTICIDE NOTICE; BAGGAGE
15.1 You acknowledge that there may be flight delays that may lead to interference with a trip for which you have booked. You agree that we will not be responsible for any flight delays or loss of flight connections whether such loss is caused by you, us, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst we will use best endeavors to continue with the booked trip, we will not be liable to compensate you for any lost part of your itinerary and we will not be liable to pay for any additional costs you may incur. We strongly recommend that your policy of travel insurance has coverage for flight cancellations and delays. You acknowledge that it is your responsibility to check-in on time for your flight at any airport. We will not be responsible for any flights that are not taken due to your late arrival at any airport. It is also your responsibility to contact the relevant airlines to confirm flight details if relevant.
15.2 Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
15.3 Baggage and personal effects are at all times the sole responsibility of the traveler. Due to continual changes in airline baggage policies and seating assignments, it is suggested that you inquire with your airline's website for up-to-date fees & information. Serko is NOT responsible for additional fees incurred for baggage or seating. The Department of Transportation along with the Federal Aviation Administration outline which materials are hazardous to carry in your baggage. More detailed information on this is available at https://www.tsa.gov/travel/security-screening/whatcanibring/all.
16. DESTINATIONS & DOCUMENTATION
16.1 Travel to certain destinations may involve greater risk than others. Serko urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at https://travel.state.gov/content/travel.html, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking.
16.2 A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. Should you choose to travel to a country that has been issued a travel warning or advisory, Serko will not be liable for damages or losses that result from travel to such destinations.
16.3 It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. U.S. citizens traveling to the United Kingdom (UK) for short visits, tourism, or business, including those just passing through UK airports, will need an Electronic Travel Authorization (ETA) if they do not have a UK visa or legal residency in the UK or the Republic of Ireland. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Serko strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Further, the U.S. Customs and Border Protection Agency require that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult or group leader in writing. Please visit https://help.cbp.gov, www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.
16.4 The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/. Further, certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Serko shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
16.5 Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
16.6 YOU ACKNOWLEDGE ANY FAILURE TO STRICTLY COMPLY WITH THESE REQUIREMENTS MAY RESULT IN DENIED BOARDING OR AN UNDUE DELAY AT AN AIRPORT SECURITY CHECKPOINT CAUSING TRAVELER TO MISS FLIGHT(S), AND SUBSEQUENT SCHEDULED TRAVEL BOOKINGS TRIPS. SERKO BEARS NO RESPONSIBILITY FOR ADVISING AND/OR OBTAINING REQUIRED TRAVEL DOCUMENTATION FOR YOU, OR FOR ANY DELAYS, DAMAGES, AND/OR LOSSES INCLUDING MISSED PORTIONS OF YOUR TRIP RELATED TO IMPROPER DOCUMENTATION OR GOVERNMENT DECISIONS ABOUT ENTRY.
17. HEALTH & FITNESS
17.1 It is essential that you check with relevant Suppliers before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that they can assist you in considering the suitability of the arrangements and/or in making the booking. We may communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act (ADA) and may not have wheelchair accessibility. Certain Suppliers may be unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify the relevant Supplier at the time of booking of the status and identity of their non-discounted, fully paid travel companion who will be responsible for providing all necessary assistance.
17.2 If you are pregnant or expecting at or around the time of your planned travels, please inform the relevant Supplier prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier Terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a Supplier due to a pregnancy, or physical or mental disability, Serko shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
17.3 For the safety of our guests, we and/or our Suppliers reserve the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
18. ASSUMPTION OF RISK & RELEASE OF LIABILITY
18.1 This clause applies to each User and Traveler. The travel that you are undertaking in connection with your trip inherently involves risks, some in remote areas of the world. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water related activities, animals, roadway hazards, slips, and falls, uneven terrain, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Serko and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; foodborne illnesses, dietary restrictions or allergic reactions, fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, infectious diseases, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided; equipment malfunctions; or a lack of safety features and/or failure to utilize any safety features.
18.2 Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Serko and its shareholders, board members, owner(s), employees, affiliates, agents, contractors and representatives (“Representatives”) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Serko and/or its Representatives and traveler hereby covenant not to sue Serko and/or its Representatives for any such claims or join any lawsuit or action that is suing Serko. These Terms and Conditions also bind your heirs, legal representatives and assigns. The terms of this hold harmless and release of liability paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
19. INDEMNIFICATION
19.1 The Customer, and each User in respect of their own acts and omissions and the Bookings they make, shall indemnify, defend, release and hold harmless Serko and its Representatives, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Serko (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) the Customer’s or User’s breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) a User’s or Traveler’s acts or omissions, or any damage caused by a User or Traveler while participating in the trip; (iii) any inherent risk of travel (including, without limitation, force majeure); or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this indemnification paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
20. NO WARRANTIES
20.1 TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH HEREIN OR IN OUR PRIVACY POLICY, WE, OUR REPRESENTATIVES AND OUR SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING OUR WEBSITE AND THE TRAVEL AGENCY SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE, OUR REPRESENTATIVES, AND OUR SUPPLIERS AND OTHER SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH OUR WEBSITE AND/OR THE TRAVEL AGENCY SERVICES (MUCH OF WHICH IS PROVIDED BY THIRD PARTIES), AND WE, OUR REPRESENTATIVES, AND OUR SUPPLIERS AND OTHER SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES OR COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
20.2 ADDITIONALLY, CERTAIN PORTIONS OF THE SERVICE AND ANY USER CONTENT, INFORMATION OR MATERIALS GENERATED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ANY ITINERARIES, RECOMMENDATIONS OR SUGGESTIONS GENERATED WITH THE ASSISTANCE OF ANY KIND OF ARTIFICIAL INTELLIGENCE ARE PROVIDED “AS IS” AND FOR INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. YOU UNDERSTAND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF OUR SERVICE, AND ANY COMPONENTS RELATING TO THIRD-PARTY PRODUCTS OR ARTIFICIAL INTELLIGENCE, RESIDES SOLELY WITH YOU. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SERKO DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THE DISCLAIMER OF WHICH IS PROHIBITED FROM APPLICABLE LAW.
21. MOBILE MESSAGING SERVICE
21.1 The Website’s mobile messaging service (the “SMS Service”) provides automated, transactional alerts to Users. By opting in, you agree to receive messages from Serko regarding your travel itineraries, including 24-hour pre-trip reminders, and real-time notifications regarding flight and hotel delays or cancellations.
21.2 You may opt-in to the SMS Service by responding to an invitation sent to your mobile device via SMS. By replying to that message with the requested confirmation keyword, you agree to receive automated, transactional messages from Serko. Your consent is not a condition of any purchase, and you may withdraw your consent at any time. You agree that messages may be sent using automated technology.
21.3 We do not charge for the SMS Service, but standard message and data rates from your wireless provider may apply. Message frequency varies based on your travel activity. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
21.4 You may cancel the SMS Service at any time. Text the keyword STOP to the number from which you received the message. You will receive a one-time opt-out confirmation. For assistance, text HELP to the number from which you received the message, or contact our support team via the phone number provided.
21.5 Wireless carriers are not liable for delayed or undelivered messages. We are not liable for failed or misdirected delivery of information, or any reliance on such information. We respect your privacy; all text messaging originator opt-in data and consent will not be shared with any third parties. For more information on how we collect and use your personal information, please review our Privacy Policy available here: https://www.serko.ai/legal/privacy-policy.
22. USE OF ARTIFICIAL INTELLIGENCE
22.1 This Website and the Serko Services use artificial intelligence, including without limitation agentic AI technologies, to retrieve travel content, create itinerary and other travel recommendations, and to facilitate bookings on your behalf (collectively, “AI Services”). The AI Services process inputs you provide as conversational prompts — including travel preferences, dates, destinations, personal details, and conversational prompts — to generate outputs and take actions within the scope you expressly authorize. The majority of chat-based interactions and conversational interfaces on this website are conducted with an AI agent and not a human representative. Itinerary recommendations, pricing summaries, and other content you receive may be AI-generated. We will clearly indicate when you are communicating with a human representative. Our platform will not use the AI Services to impersonate human agents or to obscure the automated nature of your interaction.
22.2 Any and all content produced by the AI Services, including but not limited to itinerary suggestions, venue or restaurant recommendations, transportation options, route guidance, and pricing estimates, may not be accurate, complete, current, or reliable, and does not constitute the professional advice, opinion, recommendation, or endorsement of Serko. In particular, you acknowledge and accept that such content is provided “AS IS”, without any representation or warranty, and: (a) may contain factual errors, inaccuracies, or "hallucinations" — plausible-sounding but incorrect information — including references to venues, attractions, properties, or services that are closed, non-existent, or inaccurately described; (b) may reflect outdated data, as AI models are not continuously updated in real time to reflect changes in availability, schedules, or conditions; (c) may describe amenities, features, routes, or travel conditions that do not reflect current or actual circumstances; (d) does not constitute travel or professional advice, safety guidance, or insurance recommendations; and (e) should not be relied upon as the sole basis for any booking, travel decision, expenditure of funds, or commitment of any kind. You are solely responsible for evaluating the safety, suitability, accuracy, and legality of any Travel Product recommended to you by the AI Services. You acknowledge that you assume all risk arising from your use of the AI Services. Serko does not exclude or limit any warranty or right that cannot be excluded or limited under applicable law.
23. PERSONAL DATA
23.1 Personal information provided to Serko through the Website or the Serko Services is handled in accordance with the Privacy Policy. Each User acknowledges the disclosure to the Customer and its Travel Managers described in clause 3.5. The Customer represents that it has given the notices to, and obtained any consents from, its Personnel that applicable law requires in order for Serko to process their personal information in providing the Serko Services to the Customer.
24. DISPUTE RESOLUTION
24.1 All inquiries and general concerns must be submitted to us in writing to legal@serko.com and, the applicable travel Supplier, within thirty (30) days of the occurrence and must include detailed and evidentiary information. If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation and litigation is necessary, then the following terms herein applicable to said litigation shall apply.
25. LIMITATION ON LIABILITY; NOTICE OF CLAIM; CLASS ACTION WAIVER
25.1 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER AND ITS USERS, AND TO ANY TRAVELER, HEIR, SUCCESSOR OR ASSIGN CLAIMING THROUGH THEM, UNDER ANY CAUSE OF ACTION (WHETHER IN TORT, CONTRACT, INDEMNITY, EQUITY, OR OTHERWISE) IS LIMITED TO THE SUPPORT AND PROTECTION FEES PAID TO SERKO FOR THE BOOKING GIVING RISE TO THE CLAIM AND ASSUMING ANY COSTS IN CONNECTION WITH HAVING THE TRAVEL ARRANGEMENTS RESUPPLIED. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW BY SERKO.
25.2 To the fullest extent provided by law, you further understand and agree that no claims will be considered and that you will not bring suit against Serko unless you have first provided a written notice of claim to Serko within thirty (30) days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. Any claims not submitted and received within this time shall be deemed irrevocably waived and barred.
25.3 The Customer and each User further agree that they will only bring claims against Serko in their individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Serko shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.
26. GOVERNING LAW; VENUE
26.1 These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the Northern District of Texas, Fort Worth Division.
27. MODIFICATION
27.1 Serko may change these Terms and Conditions, the Website and the Serko Services (including any feature, content or fee) at any time. A change to these Terms and Conditions takes effect when the updated version is posted on the Website with a new Effective Date, and Serko will notify Users of the update through the Website or the Serko Services.
27.2 The updated Terms and Conditions bind the Customer and each of its Users from the effective date. Any access to the Website or use of the Serko Services by a User after that date is acceptance of the change by that User and by the Customer. If the Customer or a User does not agree to a change, they must stop accessing the Website and using the Serko Services, and the Customer may close its Account under clause 9.3.
27.3 A change does not apply to a Booking made, or to a claim or dispute that arose, before its effective date; those remain governed by the version of the Terms and Conditions in force at that time. Changes to the rate of the Support and Protection Fee are made in accordance with clause 8.2.
28. MISCELLANEOUS
28.1 These Terms and Conditions, including any other documents, itineraries, and invoices we provide you, constitute our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Serko. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions, which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate. These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in, the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation the English version shall control. The Customer may not assign or transfer these Terms and Conditions without Serko’s prior written consent. Serko may assign them to an affiliate, or to a successor to its business, on notice to the Customer.