BOOKING PLATFORM TERMS AND CONDITIONS

AGREEMENT

This Agreement is a legally binding agreement between you and our company that regulates your relationship with our company and any access to, or use of the Members Booking Platform. Please be aware that we may occasionally change or update the Agreement according to the terms of Section 11 of these Members Booking Platform Terms and Conditions because of the relevance of new laws and regulations or for other valid reasons. The Members Booking Platform is only accessible to you on the condition that you have a valid membership and agree to follow the Agreement. If you disagree, then do not access, or use the Members Booking Platform. If the laws of your country of residence or domicile (your “Country”) limit the ability to enter into agreements like this Agreement based on age or for any other reason, and you are below such age limit or affected by such other limitation, you may not enter into this Agreement. By accessing or using the Members Booking Platform, you are confirming that you have the legal ability and authority to enter into this Agreement, and that you have read, understood, and accepted this Agreement without any restriction or reservation.

1. Definitions

For purposes of this Agreement, the words below are defined in the body of this Members Booking Platform Terms and Conditions.

1. “DYOV” means DesignYourOwnVacation.com or any of its affiliates as applicable.
2. “Access Credentials” means your username and password used to enroll in the Membership.
3. “Account” means your Membership account on designyourownvacation.com for the purpose of managing the usage of the Membership.
4. The “Agreement” is the contract between you and us that consists of the Members Booking Platform Terms and Conditions as they are currently effective, and on which basis we will provide the Members Booking Platform to you
5. “Air-Med” means an emergency medical evacuation service.
6. “Benefits(s)” means access to the various special services made available to Members, which shall be as published on the Website.
7. The “Members Booking Platform” is the exclusive website that we offer to Members for buying Travel and Activities Services.
8. “Change” has the meaning given in Section 11.
9. “Country” means your country of residence or domicile.
10. A person who has bought the Membership and has been successfully approved by us and who keeps paying the relevant Fee is a “Member” or “you”
11. The “Membership” is the DesignYourOwnVacation.com membership offered by Custom Travel Solutions LLC that allows participation in a Benefit, and Travel and Activities Services program joined through an online registration process and gives access to the Website and Members Booking Platform. 
12. “Membership Tier” means either Basic and Premium.
13. “Payment Method” means a valid payment method accepted by us.
14. “Personal Data” means information relating to an identified or identifiable natural person.
15. Provider(s)” are the third parties that we have contracted with in order to offer Travel and Activities Services and Benefits to you through the Members Booking Platform
16. “Provider T&Cs” means the terms and conditions from Provider that are relevant to the Service(s) and/or Benefit(s) through the Members Booking Platform.
17. “Travel and Activities Services” refers to activities, travel services including accommodation, meet and greet services, and related insurance.
18. “DesignYourOwnVacation.com” is our registered trademark that CTS has a right to use always in good faith, only for purposes of promoting the Benefits and Travel and Activities Services in the Members Booking Platform.
19. “us”, “we” or “our” refers to Custom Travel Solutions LLC, a company formed and existing under the laws of the South Carolina, United States of America with company registration in South Carolina, USA.
20. “Website” means www.designyourownvacation.com

2. Scope and Nature of the Booking Platform

Travel and Activities Services

When you use the Members Booking Platform to make a reservation and/or buy Travel and Activities Services, you create a direct legal contractual relationship with the Provider that you make a reservation and/or buy Travel and Activities Services from as applicable. From this point we only act as an intermediary between you and the Provider. We send the relevant details of your reservation and/or purchase to the relevant Provider(s) and send you a confirmation email on behalf of the Provider. We do not (re)sell, rent out, provide any (travel) product and/or service.

When we provide our Booking Platform, the information that we reveal is based on the information given to us by the Provider(s). Therefore, the Provider(s), and not CTS, is/are fully accountable for accuracy, completeness, and correctness of all rates/fees/prices, availability, policies, conditions, and other relevant information that is shown on our Members Booking Platform. As a result, we cannot check and guarantee that all information is accurate, complete, or correct, nor can we be liable for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Members Booking Platform or otherwise), inaccurate, misleading, or false information, nor non-delivery of information. Each Provider is responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) shown on our Members Booking Platform.”

Because of the inherently limited inventory in the travel industry, the availability of specific services or features such as room upgrades or amenities is not assured and may be subject to restrictions on availability or price, which may change. CTS will make every reasonable attempt to find the best possible price, but prices may rise above the initially published price because of limited inventory availability.

Benefits

When you use any Benefits from the Membership during your trip (e.g., by visiting the airport lounge) you create a direct legal contractual relationship with the Provider that you make a reservation, buy a product and/or service (as applicable). From this point we only act as an intermediary between you and the Provider. We send the relevant details of your reservation and/or purchase to the relevant Provider(s) and send you a confirmation email on behalf of the Provider

Benefits are reserved subject to the Providers T&Cs which may include limitations imposed by a Provider, such as minimum or maximum age requirements, travel insurance and visa requirements. You are responsible for making sure that you can comply with the Providers T&Cs and booking terms, including any such limitations or requirements, before booking. CTS will not be liable for your failure to comply with such limitations or requirements, where you have been informed of these before or at the time of booking.

3. Access to the Booking Platform

Once you have successfully enrolled in the Membership, you can access the Booking Platform where you can use the Travel and Activities Service and Benefits that suit your chosen Membership Tier. The Access Credentials required to access the Members Booking Platform are the same Access Credentials used for enrolling in the Membership. You recognise and agree that any person who can use your Access Credentials will have full access to your Account, and you consent that by sharing your Access Credentials any such person is authorised by you to act on your behalf for purposes related to the Membership, including getting information about and making changes to your Account, and adding, modifying, or cancelling the Membership.

If you do not want another person to act on your behalf or access your Account information, keep your Access Credentials secret. You are accountable for all actions taken by third parties using your Access Credentials.

4. Acceptable Usage

The content and information on this Members Booking Platform as well as the infrastructure is owned by us, DYOV or our Providers. By using or accessing the Members Booking Platform you agree to the following:

1. not to reproduce, duplicate, copy, sell, trade, resell or use for any commercial purposes, any part of the Booking Platform, use of the Members Booking Platform, or access to the Members Booking Platform.
2. not to utilise the Members Booking Platform to gather personally identifying information about users of the Booking Platform
3. not to try to access other computer systems or networks connected to the Members Booking Platform without permission
4. not to utilise the Members Booking Platform for any unlawful purpose
5. to utilise the Members Booking Platform in accordance with the laws, rules, and regulations that apply in your country (“Applicable Law”) and any other place where you are utilising the Members Booking Platform.

Any breach of this Agreement may lead to the withdrawal of access to the Members Booking Platform and cancellation of your Membership

5. Correspondence and Communication

Some of the information that you have to give to us is personal data that is subject to applicable data protection laws (“Personal Data”). This Personal Data may be shared with our parent, subsidiaries, and other affiliated entities (together, “Affiliates”) and third-party data sources and service providers according to the Privacy Policy.

While you use the Members Booking Platform, you agree to keep all Personal Data that you provide to us current, accurate, and complete, including your email address without any limitation. You can update your Personal Data by contacting our customer service department, or for some Personal Data by accessing your Account through the member portal on the Booking Platform. Communications will be sent to the email address that you give during your Membership enrolment, and it is your responsibility to keep the primary email address on your Account with us current so that we can communicate with you electronically. You agree and understand that an electronic communication is considered successful once emails are sent to the primary email address on your Account, and our notice to you will be considered to have been given on the first business day after sending by email.

When you access the Benefits or buy Travel and Activities Services, you consent to us disclosing your Personal Data to the appropriate Provider(s) and acknowledge and agree that you may get messages related to the Benefit or bought Travel and Activities Service from the Provider(s), such as service notification or administrative messages. We may assist with the communication between you and the Provider(s), but we cannot assure that any demand or communication with the Provider(s) will be properly and promptly received/read, followed, or approved by the Provider(s). You may withdraw your consent in writing by emailing us or by using the unsubscribe option included in an email or text message. 

If we or our Provider(s) fail to send email messages to you after several tries due to causes outside our control (i.e., your email address is invalid, your email box is full, or your email provider directs our communications to a SPAM or junk e-mail folder), or we find out that any other part of your Personal Data is or becomes incorrect, then the provision of the Benefits and Travel and Activities Services may be affected and we may stop all or any part of the Membership until the issue is resolved. 

6. Payments

When applicable and available, CTS and DYOV may provide the option to enable (through third party payment processors) the payment of the pertinent Benefit and Travel and Activities Service on behalf of the Provider. Payment is securely processed from your selected Payment Method to the Provider through a third-party payment processor. For some Benefit and Travel and Activities Service, the Provider may permit for payments to be done at the time of your stay, in that case CTS and DYOV will transfer your Payment Method information to the Provider so they can effectively process your payment. You will not make CTS and DYOV accountable or liable for any (authorised, (allegedly) unauthorised or incorrect) charge by the Provider and not (re)claim any amount for any valid authorised charge by the Provider of your credit card.

7. Refunds and Cancellations

When you buy a Travel and Activities Services and or Benefit with a Provider, you consent and agree to the relevant Provider T&Cs, including their relevant cancellation and no-show policy. The relevant Provider T&Cs can be acquired with the relevant Provider. The general cancellation and no-show policy of each Provider is displayed on our Platform before your purchase. You may cancel or modify your Service, but you may be charged a cancellation or change fee which shall be specified in the relevant Provider T&Cs. If you want to cancel or modify your reservation, please contact us via the chat icon on the Members Booking Platform so that we can help you in arranging this.

8. Best Price Promise

We are so sure of our special members-only pricing that if our members find a lower price on another website for the same hotel or cruise with the same itinerary and under the same conditions, we will refund 110% of the difference. To receive this refund, you should follow the steps detailed in the benefit section. Claims MUST be submitted via the provided claim submission form and within the time limits specified and are limited to registered and active Membership. Submissions that do not meet these criteria cannot be processed. All claims are expressly subject to our final review and eligibility determination. Successful claims will receive 110% of the difference between the verified prices indicated within the claim submission form. Payments will be paid via future travel credit, PayPal at our discretion. There is a limit of one (1) Price Promise claim per member per calendar month. The club reserves the right to reclaim any credits issued where the customer has been deemed by the club to be abusing the Price Promise program for personal or financial gains. The club reserves the right to amend, revise, supplement, suspend or discontinue the Price Promise program and all its terms at any time. The club will not be liable for the payment of any claims under the Price Promise program with respect to rates loaded in error by the club or the airline, hotel, or any printing, typographical, administrative, or technological errors in any materials relating to rates backed by the Price Promise. The Best Price Promise applies to hotel and cruise bookings only.

Best Price Promise Eligibility: You must book the same Hotel (including room type) and for members eligible for Best Price Promise on flights (see above) same airline carrier (including class of service and fare basis code). Please note that the claim amount must be at least $5.00. The airline or the hotel booking must be paid in full and instantly confirmed at the time of booking. The room, villa/condo, cabin, air reservation must be ready for immediate confirmation when our agents check availability. The total base purchase price of the travel must be no less than $50.00, excluding any taxes or fees. Price Promise does not apply to differences based on service fees, booking fees, processing fees, shipping fees, paper-ticket fees and other fees not part of the base travel price, nor to differences based on add-on services or products such as extra guests or beds, premium seat charges, baggage charges, beverage packages, shore excursions, onboard spending credits, gratuities, premium dining charges, fuel, infant car seats, etc.

Price Promise exclusions: hidden or unlisted rates, bundled or promotional rates where the rate for the compared individual component is not separately quoted and visible to the customer, hotel rooms or tour rates individually, when sold as part of a travel package, any travel where the name of the supplier (hotel, airline, operator, etc.) is concealed or unknown to the customer at the time of purchase, rates that are not accessible to the general public, which include: Travel industry rates, agent rates, FAMs, club FAMs, Corporate discount rates, Group or meeting rates, Any rates requiring membership, Loyalty programs, any organisation with rates designed for a specific group of individuals and are not intended for the general public, and travel won as part of a contest, sweepstakes, etc.

The club reserves the right to: reject any claims that are not verifiable, or for which you have given incomplete information, request additional documentation to show that any claim is not the outcome of fraud or suspicious behaviour or against the purpose of the Price Promise program, and request documentation to show that the credit card used to book has a valid billing address matching that of the registered member.

9. Benefits

Provider T&Cs apply to Benefits which are accessible to you in the FAQ section of the Members Booking Platform.

Complimentary Flight Accident Insurance

As a Membership holder, you, your spouse, and unmarried dependent children will be automatically insured up to $200,000 USD against accidental loss of life, limb, sight, speech or hearing for your covered flight when you buy tickets only for air through the Members Booking Platform. Cover provided while you are riding, boarding or flying as a ticketed passenger in a scheduled aircraft provided by a regularly scheduled airline, while you are at the airport or traveling in any licensed, public conveyance to and from the airport in connection with your ticketed flight and while you are riding in any land or water conveyance provided by the airline as a replacement for an aircraft. 

You will receive full benefit for accidental loss of life, two limbs, both eyes or one limb and one eye, half the amount is paid for loss of one limb or one eye. Benefits are payable up to one year from the date of accident. Under this policy, the aggregate limit of benefit for all covered losses for any one air travel accident is $10,000,000. Coverage does not apply for loss caused by self-inflicted injury, suicide, war, illness, or travel for aerial navigation except as expressly provided. The death benefit will be paid to the Estate of the Insured Person. All other benefits will be paid to the Insured. Full terms and conditions are provided upon request following itinerary confirmation.

Fast Pass Visa & Passports

Provides expert help in obtaining visa and passport services from the world leader in these types of services. Service is provided by CIBT and depending on your residence your services will be provided by an office best suited to servicing your region and/or needs. This Benefit does not specifically guarantee the discounts and/or services listed. All discounts are subject to change at any time and are based on the billable services provided by CIBT and do not apply to government or other institutional fees or charges. For full terms of service provided by our partner CIBT visit cibtvisas.com/terms-of-use.

Tele-Med Doctor Access (Doc in a Suitcase)

“This program links Members 24 hours a day, seven days a week, to the worldwide resources of AirMed. Members can access AirMed’s Customer Care Centre who will give information about how and where to get medical care while traveling, including medical monitoring and coordination with local health care professionals.

This service is accessible for Members who have an active Membership at the time when the service is provided. Doc in a Suitcase is designed for coverage during travel only, and accordingly service must be linked to confirmed travel arrangements that have been booked and confirmed by CTS. Doc in a Suitcase Service is not suitable for travel booked outside of the Members Booking Platform. Doc in a Suitcase service must be requested 30 days before your travel date, but no more than 1 year before. Members should contact CTS when doctor consultative services are needed during their travel. Doc in a Suitcase service is an online, connected service operating in real-time and so requires an active internet connection at the time you want to use the service. Period of activation is for 7 continuous days only. After a 7-day period of use, another 7-day period of use may be requested as long as the member is still active and has a plan that includes this benefit. Valid activation code required before service can be used.

Vacation Rental Deals

Vacation rental deals are offered as a Membership only benefit and are not accessible to non-members. When booking, the Membership must be active, and the Membership holder must be part of the booking. Vacation rental deals are usually offered as weekly stays (7 days) due to the very high level of discount. Availability is limited, will change by desired seasonality, and may change at any time. When making your booking, your booking is not confirmed until successful payment has been obtained, and that you receive a valid booking confirmation.

Private Medi-Jet Service

The Private medi-jet service is designed for emergency, doctor-required medical repatriation in the case of a qualifying medical emergency, applicable worldwide. The requesting Member must be admitted to (or is being released from) a hospital more than 500 miles from the Members primary and registered residence. All services provided in relation to the Member benefit will be provided by AirMed.

Member must have a valid, active Membership at the time of request of service. All services are applicable ONLY to the named, paid Member as recorded upon time of sign-up for the Membership. Specifically, travellers or companions who are not the Membership holder are not covered under the terms of this service.

When a Member is admitted to (or is being released from) a hospital anywhere in the world that is more than 500 miles from the Members residence, and it is decided by the Members physician and AirMeds medical director that the Members medical condition is stable enough to permit air transport but that medical escort is needed, then, at the Members request, AirMed will provide the Member with private air medical transport or, if suitable, commercial airline transport with medical escort. In either case, transport will be provided on a bedside-to-bedside basis to a hospital of Members choice that is more than 500 miles from the original hospital (or to Member’s residence, as applicable), subject to the Membership terms and conditions. If space is available and patient care is not affected, family members, business associates, and/or traveling companions may join the Member, at no extra cost, on AirMed aircraft during transport.

Worldwide medical jet transportation, 24/7 logistics centre for worldwide medical and second opinion referrals, consultations, and prescription assistance, foreign travel advisories and threat assessments, legal referrals and emergency message relay and transport of mortal remains are Member Benefits of Private Medi-Jet Service. If international medical repatriation is needed, the requesting Member should contact Member Support. For after hours, please contact AirMed directly at 1-800-356-2161 (US), or +61 (2) 99725888 (Australia) or +64 (9) 8868989 (New Zealand). AirMed are available 24 hrs. For full terms of service provided by AirMed visit airmed.com/Membership/Terms-and-Conditions.aspx

Airport Lounge

Members on selected plans get access to more than 1300 airport lounges and hospitality venues globally. Airport is provided by Priority Pass Ltd. Lounge and hospitality venues included within membership benefit are subject to change without notice and members can check Airport Lounge availability directly with Priority Pass on their website at [www.prioritypass.com/en] before travel. Members will need to submit an Airport Lounge access pass via the Members Booking Platform in advance of seeking to access to a specific location. Initial request for Lounge Access Information Kit may take up to 6 weeks to be processed and delivered to a member.

Members must show a valid Priority Pass Card and Boarding Pass with confirmed same-day travel before placing an order to be eligible. Priority Pass Ltd terms of service can be accessed at [www.prioritypass.com/en/terms-of-use]

10. Our right to terminate

We may end your access to the Members Booking Platform and/or Benefits for any reason upon 30 days prior notice to you, which end will be effective at the end of the applicable payment period of your Membership. Upon the effective date of any such end, we will stop charging you for the Fees and your access to the Membership, Benefits, and Members Booking Platform will be ended

If you violate this Agreement, misuse the Members Booking Platform, or we reasonably determine that your Membership has been acquired or used fraudulently, is being used for purposes in conflict with Applicable Law or this Agreement or is otherwise being misused or used in a way not envisioned by or intended by this Agreement or that may be harmful to us or other users, we may suspend your access to the Members Booking Platform and/or any Benefits immediately. Before exercising our termination right, we shall investigate and where appropriate we will inform you of the violation or reasons for such termination or suspension and allow you a reasonable period to fix the violation or change such circumstances. We reserve the rights to pursue any other remedies we may have against you at law or in equity You may not be listed under more than one Account. Attempts by a single member to get multiple Memberships or to be listed under more than one Account may result in the termination of all relevant Memberships and/or refusal to offer or sell Benefits to you or any other member of your household.

11. Change in Terms and Conditions

Subject to these Terms and Conditions and Applicable Law, we fully reserve the right to alter, add, remove, or otherwise modify (collectively, “Change”) any part of this Agreement or the Benefits, or any term or condition applicable to all or any part of your usage of this Members Booking Platform

We will post on the Members Booking Platform the changes to these Members Booking Platform Terms and Conditions at least thirty (30) days before the Change takes effect and will show the date these Terms and Conditions were last updated if we make a Change. In addition, we will give you notice of any material Change using the contact information in your Account, setting out the new clause, or the changed clause and how it read before, and the date on which the Change will take effect. You may reject the Change and cancel, or end your Membership without cost, penalty, or cancellation indemnity, by contacting our customer service as indicated in your Membership Terms and Conditions no later than thirty (30) days after the Change takes effect.

Subject to these Booking Platform Terms and Conditions, and Applicable Law, by continuing to use the Members Booking Platform and /or Benefits after the effective date of any Change, you accept the Change and agree to be bound and abide by it, and your exclusive remedy in the case you do not agree to any such Change is to cancel your Membership as provided for in the Membership Terms and Conditions.

12. Indemnification

You agree to indemnify CTS and DYOV for any liability, including legal fees, costs and disbursements, damages, fines, penalties, or other awards arising from your behaviour and that of your companion when travelling as a Member or companion. CTS and DYOV may at any time offset any liability of the Member or companion against any liability of CTS and DYOV, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms and Conditions. Any exercise by CTS and DYOV of its rights under this section shall not limit or affect any other rights or remedies available to CTS and DYOV under these Terms and Conditions, applicable law or otherwise.

13. No representation or warranties; limitations of liability

To the maximum extent allowed by Applicable Law, the Membership, Booking Platform, the Website, and all information contained in the Membership, Members Booking Platform and on the Website are offered and provided on an “as is” and “as available” basis with all faults. We make no representations, warranties, or guarantees of any kind and excludes any strict liability for defects already existing at the time of conclusion of the contract. No oral or written information or advice given by us, DYOV or Providers or our respective representatives, agents or employees will create a warranty or in any way increase the scope of any warranty.

We exclude any liability for damages of any kind except those that may arise due to causes solely attributable to us, and we shall not be liable for any damages that may arise due to the access and use of the Booking Platform by you or by other users in a way that is not in accordance with this Agreement.

To the maximum extent allowed by Applicable Law, and except for cases of personal injury, death, or the gross negligence or wilful misconduct by us, in no event will the collective aggregate liability of CTS, DYOV or Providers in relation to the Benefits and Travel and Activities Services, this Agreement, or the subject matter of this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), and otherwise, exceed six (6) months of the fees actually paid by you to us for the respective Benefit and Travel and Activities Services on the Members Booking Platform.

Any exclusions or restrictions of warranties, liabilities and losses that are stated here are governed by Applicable Law and do not influence any liabilities or warranty that Applicable Law does not allow to be excluded or restricted.

Unless Applicable Law says otherwise, your only and final solution if you are unhappy with the Members Booking Platform, except when we fail to meet our duties to you, is to stop using and accessing the Members Booking Platform and end your Membership by reaching out to our customer service through the Members Booking Platform. For any other question or dispute that comes from this Agreement, please get in touch with us directly through the Members Booking Platform so we can try to fix your problem.

14. Intellectual Property

All content and elements of or related to the Members Booking Platform are our intellectual property rights, including copyrights. DYOV owns the intellectual property rights, including trademarks, of the DesignYourOwnVacation.com name and logo, the Membership and all content and elements of or related to the previous items.

Any third party may not use any of the intellectual property of the respective owners of the other product and company names that are mentioned in this Agreement, the Travel and Activities Services, or on the Members Booking Platform without the prior express written consent of us or the relevant owner, which consent such party may delay, condition, or withhold in their sole discretion. The content of the Members Booking Platform may not be retransmitted or copied in part or in whole, and no image, graphic or logo on the Members Booking Platform may be copied or retransmitted in part or in whole, in each case without our prior express written consent, which consent we may delay, condition, or withhold in our sole discretion.

You agree that you shall not decompile, reverse engineer, or otherwise try to get the source code of or otherwise copy or change the Booking Platform you get access from us, except as and to the degree permitted by Applicable Law. This Agreement does not give you any other rights or ownership in the Members Booking Platform, or in any proprietary rights or intellectual property rights embodied therein by estoppel, implication or otherwise except for the limited rights to use the Booking Platform clearly given under this Agreement. Access to the Members Booking Platform and the proprietary rights and intellectual property rights embodied therein (including all modifications, derivatives, and components thereof ) shall always stay with our company or our licensors.

15. Governing Law and Jurisdiction

The laws of the county of Greenville, in the State of South Carolina, in the United States of America, except for its choice of law rules, govern and interpret this Agreement, including its enforceability, formation, and construction. However, mandatory provisions of the laws of your Country shall stay unaffected. Any court proceedings shall happen in the competent courts of your Country. For Australian citizens, the Australian Competition and consumer commission offers an online dispute resolution platform, which you can reach through the external link www.accc.gov.au

For New Zealand citizens, an online dispute resolution platform is provided by the New Zealand Commerce Commission, which you can visit through the external link comcom.govt.nz

16. Miscellaneous

 A. Entire Agreement

The entire agreement between you and our company regarding the subject matter hereof is contained in this Agreement, including these Members Booking Platform Terms and Conditions, and it supersedes any and all previous oral, electronic, or written agreements and understandings between the parties about the Benefits, Travel and Activities Services and any use of and access to the Members Booking Platform.

B. Relationship of the Parties

You and our company make this Agreement. We have the right to use Provider (s) to arrange the Benefits and the Travel and Activities Services given to you, but we are only accountable to you for the fulfilment of our duties hereunder. DYOV or Providers are not considered a party to this Agreement, even though DYOV or Providers may give some services related to the Membership. Therefore, to the greatest degree possible under Applicable Law, you agree that (i) our Providers or DYOV will not have any direct responsibility to you or any other person that you enrol; (ii) you or any other person that you enrol will not start any legal proceedings, dispute, or claim of any kind about the completion of this Agreement or the Benefits against DYOV or Providers. You may not transfer this Agreement without our written, prior, express consent. We may transfer this Agreement without your consent to a successor-in-interest or an affiliate to all or part of our business.

Any third parties, including, but not limited to, Providers, travel agents, travel experts, writers, and Members, who share or not in the revenues and/or profits of CTS or DYOV, and who receive, view, publish, post, or use information and/or materials on the Website, shall not be seen as creating employment, agency, partnership, joint venture or any other relationship that leads to vicarious responsibility of CTS, DYOV, their parent, subsidiaries, Providers, affiliated or associated entities or any officer thereof, between CTS and any third parties.

C. Waiver and Severability

Any term or condition set out in this Agreement that we do not waive shall not be considered a waiver of such term or condition or any other term or condition, and any right or provision under this Agreement that we do not enforce shall not be seen as a waiver of such right or provision. If a court or other tribunal of competent jurisdiction decides that any provision of this Agreement is unenforceable, illegal, or invalid for any reason, such provision shall be reduced or removed to the minimum extent such that the Agreement’s remaining provisions will remain in full effect and force.

D. Accessing the Booking Platform and security

You agree that you will keep your Access Credentials and any other piece of information received as part of our security procedures for access to the Members Booking Platform as secret. You also recognise that your Account and any other account you create through the application or other websites are personal to you and agree not to give any other person access to such Accounts, Members Booking Platform, or parts of either using your Access Credentials or other security information. You agree to inform us right away of any unauthorised use of or access to your Access Credentials or any other security breach. We are not liable for your failure to follow this clause, or for any delay in closing your Accounts after you have contacted us. You also agree to make sure that you leave your Accounts at the end of each session. You should be careful when using your Accounts from a shared or public computer so that others are not able to record or see your password or other Personal Data. We have the right to disable any password, username, or other identifier, whether chosen by you or given by us, at any time, in our sole discretion for no or any reason, including if, in our opinion, you have broken any provision of Applicable Law or this Agreement

E. Interpretation

If these Booking Platform Terms and Conditions are found to be conflicting, no matter which ones are conflicting, the following shall be the order of priority: (1) these Members Booking Platform Terms and Conditions; (2) the Website Terms of Use; and (3) the Privacy Policy.