User Agreement
Agreement Last Updated: Feb 02, 2022
The Mondee websites, mobile applications, membership programs, and services (collectively, the “Services”) are an internet-based travel portal owned or controlled by Mondee, Inc. d/b/a Mondee, and its affiliates (collectively, “Mondee”, “We”, “Us” or “Our”). Before using Our services Our users (also “You” or “Your”) are required to read the user agreement and accept all the terms and conditions listed below (the “Terms”).
Terms And Conditions
These Terms contain a binding arbitration clause and class action waiver that impact Your rights about how to resolve disputes. If You live in the United States, please read it carefully.
These Terms constitute an agreement between Mondee and You. By making use of the Services, You agree to be bound by the Terms and Privacy Policy whether or not You avail Yourself of any offerings or services through the Services. If You do not accept these Terms, do not continue to use or access the Services.
Use Of Services
Mondee grants You a limited, personal, non-transferable, revocable license to access and use the Services in accordance with the Terms. You acknowledge that Mondee your access and use of the Services is conditioned upon Your member sponsor maintaining its subscription to the Services; upon cancellation of the member sponsor’s subscription, Your ability to access and use the Services will cease. You may only use the Services to make legitimate reservations or purchases and shall not use the Services for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You shall not make reservation in the name of a fictitious person. You agree that You will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of the Services. You agree that You shall not take any action that imposes a burden or load on Our infrastructure that Mondee deems in its sole discretion to be unreasonable or disproportionate to the benefits we obtain from Your use of the Services. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from Your use of the Services. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted, and Mondee (and its licensors) shall retain all right, title and interest in and to the Services (including all intellectual property and proprietary rights embodied therein). You shall not take any action inconsistent with such rights. You shall not: (a) use the Services to create any software, documentation or service that is similar to the Services or any documentation provided in connection therewith, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Services, or otherwise circumvent any technological measure that controls access to the Services, (c) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party (except as permitted herein), (d) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to these Terms (or any direct product thereof) in violation of any export control laws or regulations of the United States or any other relevant jurisdiction, (e) disclose any performance or benchmarking information with respect to the Services to any third party, including without limitation licensors of any services that compete with or provide similar functionality to the Services, (f) reproduce, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify the Services or any portion thereof, or (g) permit any third party to engage in any of the foregoing proscribed acts.
Products & Services
Through the Services, Mondee advertises, markets, promotes, offers and sells various travel related products on behalf of numerous transport, accommodation and entertainment service providers, including, but not limited to airlines, hotels, car rental companies, vacation rentals, ticket & attraction providers, and cruise line operators (each, a “Travel Service Provider”). Mondee does not own, operate, manage or control these independent Travel Service Providers and is not liable for their acts or omissions. By using the Services, You enter into a binding contractual relationship with Travel Service Provider(s) when making a reservation. Once a reservation has been made, Mondee acts as solely an intermediary between You and the Travel Service Provider(s); Mondee will transmit the details of Your reservation to the applicable Travel Service Provider and send You an email confirmation detailing Your reservation on behalf of the Travel Service Provider. All bookings are subject to the terms & conditions, and limitations of liability imposed by the Travel Service Provider(s) some of which exclude liability in respect of death, personal injury, delay and loss or damage to baggage. If for any reason, any Travel Service Provider is unable to provide the services for which You have contracted, You any additional travelers understand that Your respective legal recourse is against the specific Travel Service Provider and not Mondee. The offerings disclosed on the Services are provided by Travel Service Providers; Travel Service Providers are responsible for updating all rates, prices, fees, availability, travel policies, terms & conditions, and other information displayed through the Services. Mondee does not verify whether this information is accurate or complete and will not be held responsible for any inaccurate, misleading or false information provided by Travel Service Provider(s). Mondee does not warrant or guarantee the accuracy or completeness of the information provided on the Services. Under no circumstances will Mondee be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. The Services do not recommend or endorse the quality, service level, type or description of any Travel Service Provider or its offerings, unless We specifically state otherwise.
a. Hotels:
While booking a hotel on Our Services please carefully go through the fact sheet in details to ensure that the amenities present satisfy Your requirements. Mondee generally updates all these fact sheets however it is dependent on the hotel to provide updated information. Renovation at hotels is normally undertaken at sole discretion of hotels and We are not necessarily informed. In case of any dispute Mondee shall not be liable for missing or inaccurate information.
b. Sightseeing:
You have a choice of seat in coach sightseeing and private sightseeing tours. Please choose the same carefully. Panoramic tours do not allow You to stop at the site of the attractions. You will have to follow a schedule. Entrances to attractions are not included in city tours unless specified.
c. Airlines:
You have a choice of full service and low cost airline and seating options. These low cost options may not have all services available on board hence please choose airlines and seating options carefully before booking. You should review the fare rules and also select Your class of travel, since some fares are non-refundable and may result in penalties for changes or cancellations. Fares are not guaranteed until tickets are issued. You will receive an e-mail confirmation once your tickets have been issued. Paper tickets and/or e-tickets will be provided to You, both are valid to travel by the airlines; however certain airlines do not entertain e-tickets. In such cases You will be issued paper tickets. Mondee is only an intermediary, hence We cannot be held responsible for any delay or cancellation of flight, or change of route – this is typically a decision made by the airline. You will be subject to all terms and conditions of the applicable airline(s).
d. Holidays:
Please refer to inclusions and exclusions carefully before booking. You can customize Your holiday completely on Our Services if Our packages do not meet Your requirements.
e. Rail and Cruises:
Please refer to individual rules applicable against both rail and cruise providers. These rules will be applicable for each transaction made through the Services. Mondee is a travel and holiday booking tool. We do not control or operate any airline, neither do We control or own any shipping company, hotel, or transport or any other facility or service mentioned on the Services. We do take care in selecting all available providers but We have no control of their operations. We cannot be held responsible for any lack of service by any independent agency, airline, transport, hotel, or any other service provider.
Baggage
You will have to limit Yourself as per applicable baggage policy of the airlines for the respective class that You have booked. Some airlines may charge fees for checked baggage. Any excess baggage that You carry shall remain Your responsibility. Any loss of baggage by the airlines or the passenger will be the sole responsibility of the airline and the passenger. You must refer to the baggage rules of the individual airlines as the same gets updated from time to time. Please note that additional airport fees and government taxes may not be included in Your ticket prices, these are collected at destination.
Travel & Expense – Fees and Payment
Mondee may charge additional fees including: cancellation, change, exchange, mileage, after hours, and card service fees. You acknowledge that by making the payment for the booking that You have accepted the price quoted by Mondee.
Booking Conditions
Prices quoted by Mondee via the Services are subject to change and will not be confirmed until booking is ticketed by Mondee and a confirmation email is sent. Mondee always tries to maximize the savings on airfares it sells on behalf of airlines by providing discounts to You. Prices shown are for one adult and are subject to additional charges, including, without limitation: the September 11th Security fee of $2.50 for each flight segment, with a maximum of up to $5.00 per one-way or $10.00 per round-trip; Passenger Facility Charges of up to $18.00, depending on itinerary; Federal Segment Fees of $3.20 per segment; a Travel Facilities Tax of up to $14.00 per round-trip for domestic flights beginning or ending in Alaska or Hawaii; and for International Travel,Foreign and U.S. Government-imposed charges of up to $200.00 per round-trip, depending on routing and destination. A segment is defined as a takeoff and a landing. *Taxes and Government Fees Are Additional
Passports and Visa
All individuals travelling internationally must be in possession of a valid passport. Please check that each traveler’s passport are valid for 6 months or longer than the intended travel time. It is each traveler’s responsibility to ensure that they have valid travel documentation, including but not limited to passports and visas, which meet the requirements of immigration and other government authorities at every departure point and destination. You are responsible for confirming with the United States Department of State or representative government agency of the country to which You are traveling to confirm the requirements for visas and/or other requirements for admission to Your destination. A government issued ID is required for travel within the USA, however depending on the State of departure or arrival, a passport may be required instead of a driver’s license.
Health And Insurance
It is advisable that the passenger acquires adequate insurance coverage to secure their life, health, and property. Additionally, for Your protection, Mondee encourages the purchase of trip cancellation and travel accident protection. No representation or description of the protection made by Mondee to You constitutes a binding assurance or promise about the protection. Mondee is not an insurance company and has no responsibility for the submission, payment or adjustment of any insurance claims. Any claims that may fall under the relevant travel protection policy must be submitted to the third-party insurance company identified in the policy. You can purchase trip cancellation and travel accident protection through the Services.
Health Requirement and Restrictions
It is Your responsibility to ensure You are aware of any health requirements and restrictions for Your travel destinations and to ensure that You qualify for travel and carry all necessary vaccination documentation.
Professional Advice
The information provided on the Services is distributed with the understanding that Mondee is not providing professional advice of any type. If You have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.
Payments
All online payments that happen for any of the offerings booked via the Services are secured by third-party payment systems. Mondee does not store the credit card details of any customer in Our database or in any data backup system or retrieval systems. Once You are ready to transact You are transferred to the third-party payment system portal. The card details are captured on the third party payment processor’s portal and not Our Services hence We cannot be held responsible for any misuse of credit card whatsoever. If Mondee incurs any costs, including attorneys’ fees, to recover any payments charged back by a credit card company, You that You will be liable for these costs. If the credit card is declined, You guarantee that You will settle any amounts owing to Mondee immediately.
Cancellation and Refunds
Mondee charges $35.00 per airline ticket for exchanges (outside of 24 hours from the time of booking); this is in addition to the airlines’ exchange fees (the airline rules will be quoted to the You before initiating an exchange). Mondee will void a ticket canceled within 24 hours from time of booking, but will retain the original ticketing fee. Any amendment or any changes to a reservation (date change, rerouting) constitutes a cancellation. If, after a booking has been confirmed, You wish to cancel or change Your booking, Mondee will make a commercially reasonable effort to satisfy Your request provided written notice is received by Mondee. A cancellation will take effect from the date that the written notice is received by Mondee. The applicable Travel Service Provider’s policy will apply with regard to refunds and cancellations of bookings and reservations. Carefully read such policies prior to booking or making any reservations. In all cases, where Your booking involves a special fee or charges levied by an airline, hotel operator or any other Travel Services Provider, the You will be responsible for all cancellation charges levied by the airline, hotel operator or any other Travel Service Providers. Cancellations incur charges imposed by the airline or tour operator which can be up to 100% of the total fare purchased. Please note that airline/wholesaler refunds can take up to two (2) billing cycles and not all taxes are refundable. Airline tickets are non-refundable once travel has commenced. Where Mondee incurs any liability for a cancellation fee or charge for any cancelled booking, You agrees to reimburse Mondee for the amount of that fee or charged. Refunds from suppliers will be made only after Mondee has received the money from those sources (supplier rules and restrictions will apply).
Price Match Guarantee
If another online booking tool beats Our listed price, We match the price and give $5 more off (the “Price Match Guarantee”) per the rules below:
The Price Match Guarantee offer is applicable only if the cheaper airfare matches exactly each and every element present in itinerary booked with Us, which includes exact date and time of travel, destination name, name of the airline, class of service, specific carrier or provider (including same class of service and refund policy), fare, and other details are the same as the itinerary You booked with Us and still available for booking online. Our Price Match Guarantee offer holds good for the similar product available through another authentic website only. You may not be eligible for refund claim if bookings are done through other websites where the carrier booking details are unknown until after purchase. Additionally, You must fulfill all the criteria as mentioned by the lower price offer (if any), including, without limitation, residency, regional and age-related requirements. The interpretation given by Mondee to these rules is final and binding.
How to Notify Mondee for a Price Match Guarantee Claim
In order to make a claim under the Price Match Guarantee, You need to provide Us with the details as mentioned below: You must email Us at [email protected] along with competitor’s offer, name of competitor, and screenshots of flights actually available to be booked from a reputable U.S website within twenty-four (24) hours after Your booking with Mondee. This information is collected so that We can verify all the elements of date and time of travel, destination name, name of the airline, class of service, fare and other details are the same as the itinerary You booked with us and available for booking online. We need to verify Your documents to check whether the information provided meets the requirement of Our Price Match Guarantee Policy or not. Furthermore, Our customer service representatives will verify if the lower rate ticket is still available for booking or not at the time You contact us for the refund claim. Once Your refund request is approved, Mondee will credit or refund the price difference within approximately 7-10 days.
Verification of Price Match Guarantee Claims
For any claim under Price Match Guarantee, all requests, including receipts, are subject to verification by Mondee. We will not entertain any claim where an evidence of a low-cost ticket cannot be independently verified or confirmed by Our customer service personnel. Mondee reserves the right to not entertain any request that it believes, in its sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith. After completion of verification, Mondee will credit or refund the price difference within approximately 7-10 days.
Changes to the Price Match Guarantee
Mondee solely reserves the right in its discretion to modify or discontinue the Price Match Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to You. Your eligibility under the Price Match Guarantee is determined by the Terms that are in effect at the time of Your booking. However, if any coupon has already been issued to You, it would not get affected by any change in in the Price Match Guarantee offer.
Age & Responsibility
By using the Services, You accept that You alone are responsible for maintaining the confidentiality of Your account information and Your password(s). You agree to accept responsibility for all activities that occur under Your account or password. You represent that You are at least 18 years of age, intend to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability You may incur as a result of the use of the Services. You understand that You are financially responsible for all uses of the Services by You and those using Your login information.
Accuracy of Information
Mondee does not warrant or guarantee the accuracy or completeness of the information provided on the Services. Under no circumstances will Mondee be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information.
Changes to the Service
The information on the Services may be changed or updated without notice. Mondee may also make improvements and/or changes in the products, services and/or programs described on the Services at any time without notice.
Modifications to these Terms
Mondee reserves the right, at its sole discretion, to modify these Terms at any time and without prior written notice to You. If Mondee modifies these Terms, We will update the “Agreement Last Updated” date at the top of this page. By continuing to access or use the Services after We have posted a modification, You are indicating that You agree to be bound by the modified terms. If the modified terms are not acceptable to You, Your only recourse is to cease using the Services.
Confidentiality
Information concerning Mondee and its travel subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of Mondee and is confidential except for the necessary disclosures required by law.
Use of Communication Service
The Services may contain services such as email, chat, bulletin board services, blogs, reviews, surveys, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (collectively, “Communication Services”) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.
- Violate any applicable laws or regulations for the time being in force in or outside United States of America.
- Violate any of these Terms or any other Terms and conditions for the use of the Services contained elsewhere herein.
You should take particular care while disclosing any identifying information in any Communication Service, which may be identifiable.
Mondee has no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mondee reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mondee reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion.
Mondee does not control or endorse the content, messages or information found in any Communication Service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the user’s participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for keeping Yourself updated of and adhering to such limitations if You download the materials.
Proprietary Rights
Mondee may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by Mondee and shall not copy, transmit or create derivative works of such material without express authorization.
You acknowledge and agree that You shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
Links to Other Websites
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Mondee. When You access third-party websites or use third-party services, You accept that there are risks in doing so, and that Mondee is not responsible for such risks.
Passwords
You are responsible for the acts or omissions of any person who accesses the Services using passwords provided to or created by You. You agree to immediately notify Mondee of any unauthorized use of the Service or any other breach of security known to You.
Security Warnings
It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses, malicious codes and other items of a destructive nature. In no event will Mondee be liable to any party for any loss or direct, indirect, incidental, special or consequential damages caused by use of the Services, or any other hyperlinked or interfaced website or due to accessing data residing on third party servers not belonging to Mondee.
Enforceability Of These Provisions
Should any of these Terms be held invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. Provisions not otherwise held invalid shall remain in full force and effect.
Indemnity
You agree to indemnify and hold the Mondee Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) Your use of the Services, and (b) Your violation of the Terms.
Assignment
You may not assign, delegate or transfer the Terms or Your rights or obligations hereunder, or Your account, in any way (by operation of law or otherwise) without Mondee’s prior written consent. We may transfer, assign, or delegate these Terms and Our rights and obligations without consent
Governing Law and Dispute Resolution
The laws of the State of New York, United States of America, shall govern these Terms without regard to any conflicts of law principles. In the event of any problem, claim, or dispute of whatever nature, arising under these Terms, performance, any offerings, services or the Services, such dispute shall be settled through good faith negotiation among the parties. In case such dispute can not be resolved by negotiation within 30 days You agree that such dispute will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and We hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that You and We may have in court may not be available in arbitration. As an alternative, You or We may bring a claim in small claims court, if permitted by that court’s rules. You may bring claims only on Your own behalf. Neither You nor We will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up Your right to participate as a class representative or class member on any class claim You may have against Us including any right to class arbitration or any consolidation of individual arbitrations.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of these Terms may cause such damage to Mondee as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, You agree that Mondee shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Mondee in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Privacy Policy
You have read the Mondee Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of Your personal information by Mondee and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Mondee Privacy Policy. Mondee prompts all its users to register at one point in time. The details captured during registration are purely to provide better service in future. Mondee will not be sharing these details with any other third party except as set forth herein or within Our Privacy Policy.
Termination
Mondee may terminate these Terms and/or the provision of any of the services at any time for any reason, including any improper use of the Services or Your failure to comply with these Terms. Such termination shall not affect any right to relief to which Mondee and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to You will terminate and revert to Mondee and its third party providers or distributors, as applicable
Taxes and Fees
In addition to airlines cost and fees, Mondee may charge a service fee for any service rendered over the Phone. All fees charged by Mondee are charged on a per passenger basis and are non – refundable.
Warranty; Disclaimer
Mondee, and its officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Mondee and all such parties together, the “Mondee Parties”) make no representations or warranties concerning the Services, its offerings or services, including without limitation regarding any materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and Communication Services content (all of the foregoing, the “Content”), contained in or accessed through the Services, and the Mondee Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to Your participation in, the Services. The Mondee Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY Mondee (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Mondee PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous
You and Mondee agree that these Terms are the complete and exclusive statement of the mutual understanding between You and Mondee, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that You are not an employee, agent, partner, or joint venture of Mondee, and You do not have any authority of any kind to bind Mondee in any respect whatsoever.
Refer-a-Friend Promotion
Updated: July 28, 2023
Mondee, Inc. doing business as Mondee (“Mondee”) provides an online booking tool for business and leisure travel that offers discounted airfare, rental cars, hotels and other services. These Terms and Conditions (“Terms”) are additional and supplemental terms and conditions that apply to your participation in the limited time Promotion (defined below) and constitute a legally binding agreement between you and Mondee.
1. Refer-a-Friend Promotion
The Refer-a-Friend Promotion (the “Promotion”) enables a participant (a “Participant”) who has an active subscription on the Mondee Travel Marketplace (the “Marketplace”) under the “Traveler” category only to receive a ten dollar ($10) bonus for each new customer that subscribes to the Marketplace using the Participant’s unique code or link (a “New Customer”), applied as a credit to the Participant’s “Wallet” on the Marketplace and may be used for future travel bookings made on the Marketplace. Each New Customer will also receive a ten dollar ($10) bonus. Transactions using currencies other than U.S. Dollar will receive the Promotion according to a rate of exchange designated by Mondee. You may view your current Promotion balance on your profile page on the Marketplace. The terms “you” and “your” throughout these Terms and Conditions refer to you, as a Participant or New Customer, as applicable.
2. Timing
LIMITED TIME OFFER. The Promotion is limited in time and is only available during the Promotional Period.
3. Eligibility
The Promotion is open only to individuals who are eighteen (18) years of age and older have a valid account on the Marketplace (your “Account”) during the period of time during which the Promotion is available on the Marketplace (the “Promotional Period”).
4. Participating in the Promotion
All eligible Participants (defined above) are able to participate in the Promotion during the Promotional Period. After a New Customers using your unique code or link begins a subscription, your Account will automatically receive the Promotion in your “Wallet” upon checkout. Promotion is only available to Participants with an active subscription as a “Traveler” on the Marketplace.
5. Redeeming your Promotion
The Promotion is automatically applied to your “Wallet” in your Account. Promotion value is not transferable or assignable.
6. Additional Program Rules and Regulations
BY PARTICIPATING, YOU AGREE TO RECEIVE PROMOTIONAL EMAILS FROM MONDEE. You may always opt-out or unsubscribe from these emails. Mondee may from time to time offer promotional awards, incentives or coupons. Mondee reserves the right to modify or eliminate such offers, including the Promotion, at any time. These offers are void where prohibited by law. At no time may a Participant sell, purchase, redeem, broker, or barter his or her Promotion or other awards for cash or other consideration other than that specifically set forth in these Terms. Promotions have no cash value and are void if sold, purchased, brokered, or bartered. In addition, such actions may result in the termination of the Participant’s account, regardless of whether or not the transaction is completed. Any Promotions are void if transferred for cash or other consideration. Violators may be liable for damages and litigation costs, including Mondee’s attorney’s fees incurred in enforcing this rule.
By participating in the Promotion you acknowledge that: (i) the program is not mandatory in order to use the Mondee services; (ii) all transactions and activities relating to the Promotion will be deemed to take place exclusively in the state of New York, United States of America, regardless of where any Participant may be located or reside or the destination or origin of any Eligible Booking; (iii) all monetary amounts and fees relating to such transactions will only be expressed and processed in US dollars and Mondee is not responsible for any exchange rate fluctuations that may affect the value that any Participant receives in any other currency; and (iv) your credit card company or bank may charge you fees or charges related to your transactions as a Participant and you will be solely responsible for any such fees or charges.
Any and all matters arising out of or relating to the Promotion and/or the subject matter hereof shall be governed by, construed, and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the State of New York without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted.
You and we consent to the personal and exclusive jurisdiction and venue of the state and federal courts within New York City, New York. You and we also agree to litigate any disputes between or involving you and us exclusively in the state and federal courts within New York City, New York. You agree that any cause of action arising out of and/or relating to this Promotion must be commenced within two (2) years after the cause of action accrues. Otherwise, such cause of action is permanently barred.
NO TRIAL BY JURY:
YOU WAIVE A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BETWEEN YOU AND MONDEE ARISING OUT OF AND/OR RELATING TO THIS PROMOTION.
NO CLASS ACTIONS:
YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS. YOU AGREE THAT NO CLAIM OR DISPUTE ARISING OUT OF AND/OR RELATING TO THIS PROMOTION MAY BE JOINED WITH A CLAIM OR DISPUTE OF ANY OTHER PERSON OR ENTITY, AND YOU MAY NOT ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT OR OTHER LEGAL PROCEEDING.
These Terms, together with the terms and conditions on Mondee.com, represent the entire, integrated agreement between the parties relating to the Promotion, and shall supersede all prior representations, understandings or agreements pertaining thereto, either oral or written. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity. Please see our Privacy Policy for additional information about our data collection and use practices.
1. Relationship of the Parties.
Participant is participating in the Promotion as an independent contractor and nothing in these Terms will be construed as establishing an employment, agency, partnership or joint venture relationship between Mondee and Participant. Participant has no authority to bind Mondee by contract or otherwise. Participant acknowledges and agrees that is not eligible for or entitled to receive any compensation, benefits or other incidents of employment that Mondee makes available to its employees. Participant is solely responsible for all taxes, expenses, withholdings and other similar statutory obligations arising out of the relationship between Participant and Mondee and Participant. Participant undertakes that Participant shall, as soon as practicable and necessary, exercise their best efforts to clarify with, and inform any third parties of Participant’s status as an independent consultant of Mondee, and shall take such steps as may be necessary to avoid or resolve any misunderstanding or misconception (whether actual or perceived) by any third parties of Participant’s status.
2. Sponsor
The Sponsor of the Promotion is Mondee, located at 10800 Pecan Park Blvd, Suite 400, Austin, Texas 78750.