Agreement Last Updated: July 13, 2023
Terms of Service
[BY CLICKING “I AGREE,” OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE (“TERMS”), YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE THE PLATFORM (AS DEFINED BELOW).] [PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE ACCEPTING THEM AND USING THE PLATFORM (AS DEFINED BELOW).]
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE BINDING ARBITRATION/CLASS WAIVER (SECTION 12) FOR DETAILS, INCLUDING INSTRUCTIONS TO FOLLOW IN ORDER TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER. IN ADDITION, THESE TERMS CONTAIN THE FOLLOWING SECTIONS: WARRANTY DISCLAIMERS (SECTION 3), INDEMNIFICATION (SECTION 10), AND LIMITATION OF LIABILITY (SECTION 11) THAT AFFECT YOUR RIGHTS.
BY ACCESSING AND USING THE PLATFORM, OR CLICKING “I ACCEPT” YOU AFFIRM THAT YOU: (1) ARE OF LEGAL AGE TO ENTER INTO THESE TERMS; (2) ARE AGREEING TO THESE TERMS ON YOUR OWN BEHALF ONLY; AND (3) ACKNOWLEDGE THAT YOUR ACT OF CLICKING “I ACCEPT” TO THESE TERMS SHALL HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE.
Mondee Inc. (“Mondee”, “we”, “us”, “our”) provides to You for purchase various travel services including flights, hotels, car rentals, vacation rentals, attractions, cruises, tours, activities, and other offerings made available by Mondee (“Travel Services”) and supplementary products or services sold in addition to the Travel Services by Mondee, including but not limited to Seat Selection, Flexi Ticket, Best Purchase Guarantee, Automatic Check-In, Price Drop Protection, Customer Support Packages, Baggage Protection, and Trip Insurance (“Ancillaries”) through the https://www.mondee.com/ (“Website”) and/or the mobile desktop software application Mondee developed now or in the future (“App”, and together with the Website, the “Platform”). References to the Platform include all related materials, documentation, processes, learnings, models, algorithms, software, systems, and technologies, including, without limitation, all related data management systems, and all improvements, modifications, enhancements, and derivatives of or to any of the foregoing. These are collectively known as the “Services.”
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Mondee DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, Mondee HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS (FOR ITSELF AND ITS LICENSORS AND SUPPLIERS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE EFFORT, QUIET ENJOYMENT, OR LACK OF VIRUSES. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SERVICES, OR RESULTS OR WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
ALL INFORMATION, PRICES, AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Mondee SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OF ANY INTENTIONAL OR CARELESS ACTIONS OR OMISSIONS ON THE PART OF SUCH TRAVEL SERVICE PROVIDER, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU OR YOUR TRAVEL COMPANIONS OR GROUP MEMBERS.
UNLESS THE TERM “GUARANTEED” IS SPECIFICALLY STATED IN WRITING ON YOUR TICKET(S), INVOICE, OR RESERVATION ITINERARY, Mondee DOES NOT GUARANTEE ANY OF SUCH TRAVEL SERVICE PROVIDER’S RATES, BOOKINGS, RESERVATIONS, CONNECTIONS, SCHEDULING, OR HANDLING OF PERSONAL EFFECTS AND LUGGAGE. Mondee SHALL NOT BE RESPONSIBLE FOR ANY INJURIES, DAMAGES, OR LOSSES CAUSED TO YOUR OR YOUR TRAVEL COMPANIONS OR GROUP TRAVEL MEMBERS IN CONNECTION WITH TERRORIST ACTIVITIES, SOCIAL OR LABOR UNREST, MECHANICAL OR CONSTRUCTION FAILURES OR DIFFICULTIES, DISEASES, LOCAL LAWS, CLIMATIC CONDITIONS, ABNORMAL CONDITIONS OR DEVELOPMENTS, OR ANY OTHER ACTIONS, OMISSIONS, OR CONDITIONS OUTSIDE Mondee’S CONTROL. YOU ASSUME COMPLETE AND FULL RESPONSIBILITY FOR, AND HEREBY RELEASE THE AGENT FROM, ANY DUTY OF CHECKING AND VERIFYING ANY AND ALL PASSPORT, VISA, VACCINATION, OR ANY OTHER ENTRY REQUIREMENTS FOR EACH DESTINATION, AND ALL SAFETY AND SECURITY CONDITIONS OF SUCH DESTINATIONS, DURING THE LENGTH OF THE PROPOSED TRAVEL. FOR INFORMATION CONCERNING DANGERS AT INTERNATIONAL DESTINATIONS, CONTACT THE TRAVEL ADVISORY SECTION OF THE U.S. STATE DEPARTMENT AT 202.647.5225. FOR MEDICAL INFORMATION, CALL THE US CENTER FOR DISEASE AT 404.332.4559 OR VISIT THEIR WEBSITE, www.cdc.gov. BY EMBARKING UPON THEIR TRAVEL, YOU VOLUNTARILY ASSUME ALL RISKS INVOLVED IN SUCH TRAVEL, WHETHER EXPECTED OR UNEXPECTED. YOU ARE HEREBY WARNED OF THE ABOVE RISKS, AS WELL AS POSSIBLE TRAVEL INDUSTRY BANKRUPTCIES AND MEDICAL AND CLIMATIC DISRUPTIONS, AND IS ADVISED TO OBTAIN APPROPRIATE INSURANCE COVERAGE AGAINST THEM, WHICH IS AVAILABLE AT AN EXTRA COST THROUGH Mondee. YOUR RETENTION OF TICKETS, RESERVATIONS, TOUR DOCUMENTS, CRUISE DOCUMENTS, TRAVEL AGENCY INVOICE OR BOOKINGS AFTER ISSUANCE SHALL CONSTITUTE A CONSENT TO THE ABOVE AND AN AGREEMENT ON YOUR PART TO CONVEY THE CONTENTS HERETO TO YOUR TRAVEL COMPANIONS OR GROUP TRAVEL MEMBERS.
CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL SERVICES OR OTHER SERVICES ON THIS PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Mondee. Mondee IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Mondee HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Products and Services.Through the Platform, Mondee advertises, markets, promotes, offers and sells various Travel Services and Ancillaries on behalf of numerous transport, accommodation and entertainment service providers, including, but not limited to airlines, hotels, car rental companies, vacation rentals, ticket and attraction providers, and cruise line operators (“Travel Service Providers”). 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 Platform, You are entering 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 the reservation on behalf of the Travel Service Provider. All bookings are subject to the terms and 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, then Your remedy lies against the Travel Service Provider, and not against Mondee; You understand that Your respective legal recourse is against the specific Travel Service Provider and not Mondee. The offerings disclosed on the Platform are provided by Travel Service Providers; Travel Service Providers are responsible for updating all rates, prices, fees, availability, travel policies, terms and conditions, and other information displayed through the Platform. 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 Platform. 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 Platform does not recommend or endorse the quality, service level, type or description of any Travel Service Provider or its offerings, unless Mondee specifically states otherwise.
Your Use of the Platform. You may only use the Platform to make legitimate reservations or purchases and shall not use the Platform for any other purposes, including without limitation, to provide travel agency services, to make any false or fraudulent reservation(s) or any reservation in anticipation of demand. You will not make reservations in the name of a fictitious person. You will not use any device, software or routine that would interfere or be reasonably to interfere with the normal operation of the Platform. You will 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 such Your use of the Platform.
Booking Conditions.Prices shown on the Platform 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 up to $200.00 per round-trip, depending on routing and destination. A segment is defined as a take-off and a landing. *Taxes and Government Fees Are Additional.
Passports and Visas. All individuals travelling internationally must be in possession of a valid passport. Please check that each traveller’s passport is valid for 6 months or longer than the intended travel time. It is each traveller’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. Each traveller is responsible for confirming with the United States Department of State or representative government agency of the country to which such traveller is traveling to confirm the requirements for visas and/or other requirements for admission to the 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.
Cancellations and Refunds. For refundable fares, a processing fee may be charged for all permitted cancellations.
Most airline service fees and airline tickets are NON-REFUNDABLE after 24 hours from time of booking and only if bookings are at least seven days in advance of the date of travel. Refund requests will be accepted only after the following conditions have been met:
Traveler has applied for cancellation and refund with Mondee and the airline rules allow for the same. Traveler should not be a ‘no show’. Most no-show bookings are not eligible for refund processing from suppliers. Waivers may be secured from time to time from the airlines by Mondee to process a request for cancellation and refund. All requests for refunds are processed in a sequence. Once a refund request is submitted its receipt will be acknowledged electronically. A request on your behalf will be made to the concerned airlines for a waived amount based on the rules of the airlines. You will be notified of the decision of the airlines. Generally, a penalty is charged for refunds by all airlines. Please note that Mondee depends on the airlines to receive refunds. After approval of refund by the airlines, it might take additional time to reflect in your credit card statement. The entire process, from receipt of your refund request to reflection of the same in your credit card statement, might take 60-90 days. Apart from the refund penalties imposed by the airline, a fee of up to $50 per ticket for processing this refund may be charged by Mondee. These fees will be assessed only if the airline has authorized the refund or a waiver has been received and when such refunds are permitted by rules of the airline. In case the airline does not process your refund, we will refund any refund processing fees charged by Mondee.
Cancel and Exchange. Most airline tickets are completely non-transferable and non-refundable. In cases where the airline does allow cancellations, a credit may be valid towards ticket purchases in the future with travel on the same airline. Fare differences (if any) and any applicable airline penalties will be added in such cases. All such bookings that allow for cancellation must be cancelled with Mondee prior to the scheduled departure time of the flight. We do not guarantee any cancellation. At the time of booking cancellation, a cancellation fee of up to $50 per ticket may be charged and retained by Mondee. The credit available must be used within a certain time period and date or you will lose the credit amount. Mondee will attempt to keep you appraised of the time constraints and expiration date of any credit. When making a new booking, you will have to pay any applicable fare difference, airline penalties and Mondee exchange fees. All such airline changes are governed by the rules and regulations of the airlines. No representations or guarantees on fees or changes are provided by Mondee. Read our Refunds policy if you are cancelling a booking or applying for refund. For changing the flight dates or routing, read more about our Change policy.
Exchange Fees. For itineraries where the airline permits changes, a change/exchange fee is charged by Mondee, along with any fare difference and airline penalties. You will be notified of the total cost of the exchanged ticket. Mondee’s Ticket Exchange fees (not including airline penalty fees and fare difference) may vary by complexity of the ticket being exchanged and time until date of travel. For Domestic Travel where the Departure Date is more than 7 days in the future – up to $100, Domestic Travel where Departure Date is within 7 Days – up to $150, International Travel where Departure Date is more than 7 days in the future – up to $200, International Travel where Departure Date is within 7 days – up to $300. Mondee makes no additional representation for these exchange fees except assistance in locating your new desired flights and making attempts to re-book new flights subject to availability and other factors.
Trip Insurance. For each traveller’s protection, Mondee encourages the purchase of trip cancellation and travel accident protection. No representation or description of the protection made by Mondee to You or Your travel companion or group travel member 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 optional trip cancellation and travel accident protection through the Services. It is advisable that You acquire adequate insurance coverage to secure Your life, health, and property.
Hotel Bookings. While booking a hotel through the Platform, 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 Travel Service Provider to provide updated information. Renovations at hotels are normally undertaken at the sole discretion of the applicable Travel Service Provider and Mondee is not necessarily informed. In case of any dispute, Mondee shall not be liable for any missing or inaccurate information.
Sightseeing Bookings. 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.
Airline Bookings. 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, therefore please choose the 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, and therefore, Mondee cannot be held responsible for any delay or cancellation of flight, or change of route – this is typically a decision made by the airline. Mondee does not control or operate any airline. You will be subject to all terms and conditions of the applicable airline(s). 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.
Rail and Cruise Bookings. 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. Mondee does not control or own any shipping company or transport or any other facility or service mentioned on the Services. Mondee takes care in selecting all available providers but it has no control of their operations. Mondee cannot be held responsible for any lack of service by any independent agency, airline, transport, hotel, or any other service provider.
Health Requirements 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.
Payments. Prices quoted by Mondee via the Platform are subject to change and will not be confirmed until booking is ticketed by Mondee and a confirmation email is sent. By making the payment for the booking, the You accept the price quoted by Mondee. Mondee has permitted You to pay for bookings and reservations by credit card. All online payments that happen for any of the Travel Services booked via the Platform are secured by third-party payment systems. Mondee does not store the credit card details of any You in its 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 on the Platform. You agree that Mondee may charge additional fees including: cancellation, change, exchange, mileage, after hours, and card service fees. Mondee will not be 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.
Price Match Guarantee. If another online booking tool beats Mondee’s listed price on the Platform, Mondee will 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 the itinerary booked with Mondee, 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 Mondee and is still available for booking online. Mondee’s 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. In order to make a claim under the Price Match Guarantee, You must email Mondee at [email protected] along with the 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 Mondee can verify all the elements of the itinerary booked with Mondee, including the 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 Mondee. Mondee will need to verify Your documents to check whether the information provided meets the requirement of the Price Match Guarantee Policy or not. Furthermore, Mondee’s 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. Mondee will not entertain any claim where an evidence of a low-cost ticket cannot be independently verified or confirmed by Mondee’s service representatives. 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.
5. Updates to these Terms and/or the Services.
Mondee may change the terms of these Terms from time to time by notifying You of such changes by any reasonable means, including by displaying revised Terms on-screen when You next use the Platform, and requiring You to read, explicitly consent, and agree to them to continue Your use of the Platform. In addition, Your continued use of the Platform after the date the amended Terms are posted will constitute Your acceptance of the amended Terms. If accepted, such Terms would be effective immediately, but would not apply to any dispute between You and Mondee arising prior to the date on which Mondee posted the revised Terms incorporating such changes, or otherwise notified You of such changes. In the event that You refuse to accept such changes, Mondee shall have the right to terminate these Terms and Your use of the Platform and You should not, and You are not granted a right to use the Platform. You agree that Mondee shall not be liable to You or any third party for any modification or cessation of the Platform. The information on the Services may be changed or updated by Mondee in its sole discretion. Mondee solely reserves the right in its discretion to modify or discontinue its Price Match Guarantee Policy 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 the Price Match Guarantee offer.
6. Prohibited Uses.
You may not (a) use the Services to create any software, documentation or service that is similar to the Services, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Services (except and only to the extent that these restrictions are expressly prohibited by applicable law), or otherwise circumvent any technological measure that controls access to or security of the Services, (c) encumber, sublicense, transfer, sell, rent, lease the Services, including making the Services available to third parties through a time-share or service bureau arrangement or using the Services in any other manner for the benefit of any third party, (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 (including performance, service levels, Travel Service options and associated pricing) 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, (g) not alter, obscure or remove any printed or on-screen trademark, patent legend or other proprietary or legal notice in the Services, (h) impose an unreasonable or disproportionately large load on Mondee’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information, (i) transmit or upload any material to the Services that contains any virus, Trojan horse, worm or any other harmful or deleterious Platforms, (j) attempt to gain unauthorized access to the Services, other accounts not belonging to You or the applicable You, computer systems or networks connected to the Services, through password mining or any other means; (k) frame or mirror any part of the Services; (l) conduct, facilitate, authorize or permit any text or data mining, web scraping, robots, spiders or other automated data gathering and extraction tools; (m) interfere with another individual’s access to or use of the Services; (n) defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; use any information obtained from the Service in order to harass, abuse, or harm another person; or (o) harass, annoy, intimidate, or threaten any of our employees, agents, or other users; trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords (collectively, “Prohibited Uses”).
7. Intellectual Property Rights.
Mondee grants to You a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to access and use the Services. You shall use the Services and any documentation or other information related thereto that is received from Mondee or its representatives for Your Travel Services bookings, and for no other purpose. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use of the Platform is permitted, and Mondee (and its licensors) 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. Any feedback, developments, recommendations or modifications made by You relating to the Service are the sole property of Mondee.
Third Party Materials.
The Services may contain third-party software, code, or other intellectual property (“Third Party Materials”) which are provided to You under separate terms and conditions established by the third party licensors. You understands and agrees that Mondee does not warrant or support any Third Party Materials nor does it have any responsibilities or obligations under this Agreement (and You has no rights or remedies under this Agreement) with respect to such Third Party Materials.
You grant Mondee a worldwide, nonexclusive, royalty-free license to use, copy, access, process, reproduce, perform, display, modify, distribute and transmit all data and other content provided by or on behalf of You to Mondee in connection with using the Services (“Your Data”) on the Platform and in connection with providing the Services to You; this includes the right to disclose Your Data to third-party travel providers when necessary to complete Your Travel Services booking. This also includes the right for Mondee to allow its third-party vendors to exercise such license on Mondee’s behalf in connection with that vendor’s obligations to Mondee. Subject to the foregoing and subject to the paragraph below, as between the parties, You retain all right, title and interest to its Your Data.
Anonymized Aggregated Data.You grant Mondee a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to anonymize and aggregate metrics and data related to the Your Data and all other use of the Platform and Services (“Anonymized Aggregated Data”), provided that the Anonymized Aggregated Data cannot be used to identify You. You agree that Mondee: (i) has full ownership over Anonymized Aggregated Data; (ii) has full license to create derivative works and extract information from Anonymized Aggregated Data; (iii) may use Anonymized Aggregated Data to deliver, modify, update, correct and improve the Platform or Services or for any other purposes; and (iv) may disclose, sell and publish Anonymized Aggregated Data to any party through any means.
Third-Party Website and/or Applications. The Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”). When You click on a link to a Third-Party Website or Third-Party Application, Mondee will not warn You that it has left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. Mondee provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at its own risk.
You may create, record, submit, publish and use text, images, photos, videos, audio and documents (“User Content”) through the Services. You are exclusively responsible for all User Content and the consequences of submitting User Content through the Services. We do not verify the accuracy, quality, content or legality of User Content. We may, but are under no obligation to, review, analyze, filter, edit, block or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. Mondee will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with User Content. As between you and Mondee, you retain all right, title and interest in and to the User Content you submit through the Services. You represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and publish the User Content you submit; (ii) the uploading of your User Content on the Service and the licenses granted to Mondee under these Terms do not and will not violate the rights of any person; and (iii) no payments of any kind shall be due by Mondee to any person for the use or distribution of User Content.
By submitting User Content through the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute and display User Content in connection with the Services. Without limiting the foregoing, this license includes permitting us to: (i) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of User Content; (ii) use, enhance, personalize, exhibit, broadcast, publish, publicly display, publicly perform, distribute, create derivative works of, promote, copy, store, and/or reproduce (in any form) User Content on or through the Services; (iii) use User Content to test Mondee’s internal technologies and processes; and (iv) use User Content for marketing purposes.
9.Generative AI Terms.
Your use of generative AI, including through ABHI (the “AI Services”), is subject to the following restrictions: (a) you may not use the AI Services to generate your own machine learning models or for any other commercial purposes, other than as explicitly permitted under these Terms and (b) you may not input or otherwise provide personal information, including names, phone numbers, addresses, emails, identification numbers, birth dates, or other sensitive information. You acknowledge and agree that the AI Services may provide inaccurate, insensitive, or offensive content. It is your responsibility to independently verify the information provided to you by the AI Services before making travel booking or other decisions. The AI Services shall not be used to obtain medical, legal, financial, or other professional advice.
Mondee may, at its option and in its sole discretion suspend, restrict or terminate Your access to the Services if: (i) Mondee is so required by a valid subpoena, court order or binding order of any government authority; (ii) Mondee reasonably suspects You of using the Services in connection with any Prohibited Uses stated above; (iii) Your use of the Services is subject to any pending litigation, investigation or government proceeding and/or Mondee, in its sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of Mondee’s service partners are unable to support your use thereof; (v) You take any action that Mondee deems in its sole discretion as circumventing Mondee’s controls, or abusing promotions which Mondee may offer from time to time; or (vi) You breach these Terms.
If Mondee suspends or terminates Your use of the Services for any reason, Mondee will provide You with notice of its actions, unless a court order or other legal process prevents or prohibits Mondee from providing You with such notice. You acknowledge that Mondee’s decision to take certain actions, including limiting access to or suspending your access to the Services, may be based on confidential criteria that are essential to Mondee’s risk management and/or security protocols. You agree that Mondee is under no obligation to disclose the details of its risk management and/or security procedures to You.
To the fullest extent permitted by applicable law, You agrees to indemnify, defend and hold harmless Mondee, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Mondee Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) Your use or misuse of the Platform and/or Services, (b) Your violation of any right(s) of any third party or applicable law, (c) Your gross negligence, willful misconduct or fraud, or (d) any allegation that the Your Data infringes or violates any third party’s privacy rights or violates any applicable law. You agrees to promptly notify Mondee of any claim(s) and shall cooperate fully with the Mondee Parties in defending such claims. You further agrees that the Mondee Parties shall have control of the defense or settlement of any third party claims.
12. LIMITATION OF LIABILITY.
Some states/jurisdictions may prohibit or limit the exclusion or limitation of liability, certain implied warranties, or incidental or consequential damages; solely to the extent that such law applies to You, some or all of the above disclaimers, limitations, or exclusions may not apply to You, and You may have certain additional rights under applicable law. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
13. Dispute Resolution.
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR OUR CORPORATE PARENT, SUBSIDIARIES, AND AFFILIATES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “Mondee PARTIES”), THE PROGRAM OR THE CONTENT, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS (COLLECTIVELY “DISPUTES”) SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
The place of arbitration shall be the State of Texas or, where limited by applicable law, the jurisdiction in which You reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 12, we may bring a claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
WAIVER OF CLASS ACTIONS: We each agree that any Dispute will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS.
OPTION TO OPT-OUT: To opt out of the arbitration and class-action waiver terms in this Section 12, You must notify us in writing within 30 days of the date that You first accept these Terms (unless a longer period is required by applicable law). You must mail Your written notification to Mondee, Inc., Attention: [Legal Department] to [INSERT ADDRESS]. and Your written notification must include Your name, address and an unequivocal statement that You want to opt-out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
For purposes of any claim that is not subject to the arbitration procedures in this Section 12, we both agree to the governing law and jurisdiction as set out in Section 13(i) and (ii) below. Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
Except as provided above, if any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
14. App Stores
Apple. By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that these Terms are entered into by and between Mondee and you and not with Apple. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the App is considered the “Licensed Application” as defined in the LAEULA and Mondee is considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control.
Google Play. By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Mondee or you (or any other user) under these Terms or the Google Play Terms.
Governing Law. These Terms shall be governed and construed in accordance with the law of the State of Texas.
Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Austin, Texas, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms. However, as a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident and nothing in these Terms affects Your rights as a consumer to rely on such mandatory provisions of local law.
Assignment. You may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of Mondee, and any such attempted assignment shall be void. Mondee may assign or otherwise transfer these Terms. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Entire Agreement. These Terms are the sole and complete understanding of the parties regarding the subject matter hereof, and it supersedes all prior contemporaneous agreements, writings, and understandings, whether written or oral. Any additional or different terms not contemplated under these Terms must be set forth in a written amendment that is signed by both parties.
Severability. If any part or provision of these Terms are found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, it shall be deleted, and the remainder of these Terms shall remain in full force and effect.
Notices. All notices or other communications required to be given to a party in connection with these Terms shall be in writing, referencing these Terms, and be delivered to the addresses provided above. Notices will be deemed given: (i) three (3) days after being sent by certified mail with postage pre-paid and signature requested; (ii) one (1) day after being sent by commercial overnight carrier with written verification of receipt; or (iii) upon confirmation of receipt at the party’s respective email.