TERMS & CONDITIONS
Terms of Service
Welcome to Travive, Travive Inc.’s (“Company”, “Travive”, “we”, “us”, or “our”) website at www.elitetravive.com (“Site”). Travive provides an online platform that displays listings (“Listings”) for private luxury accommodations (“Accommodations”) owned by third parties (“Property Owners”) to users seeking such accommodations (“Guests”) and facilitates bookings by Guests of such Accommodations (collectively, “Services”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Agreement”). This Agreement governs your access to and use of the Site and Services and all text, graphics, images, music, software, audio, video, information or other materials that Travive makes available through the Site or Services, including any such content licensed from a third party, and constitutes a binding legal agreement between you and Please press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the Site or Services. Use of the Site or Services by anyone under the age of 18 is prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM FOR GUESTS TO BOOK ACCOMMODATIONS POSTED ON LISTINGS. YOU UNDERSTAND AND AGREE THAT TRAVIVE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER. TRAVIVE HAS NO CONTROL OVER THE CONDUCT OF PROPERTY OWNERS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. TRAVIVE CANNOT AND DOES NOT CONTROL LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. TRAVIVE DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
2. License to Use the Site and Services. Subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the Site and Services for your personal, non-commercial purposes, in each case solely in the manner enabled by the Company. Any use of the Site and Services other than for private, a. Responsibilities. Property Owners, not Travive, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you choose to enter into a transaction with a Property Owner for the booking of an Accommodation, you acknowledge and agree that entering into such transaction is an agreement between you and the Property Owner, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Property Owner. You acknowledge and agree that you, and not Travive, will be responsible for performing the obligations of any such agreements, that Travive is not a party to such agreements, and Travive disclaims any and all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Travive is not a party to the agreement between you and the Property Owner, Travive acts as the Property Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Property Owner. Upon your payment of amounts to Travive which are due to the Property Owner, your payment obligation to the b. Total Fees. Listings for Accommodations will specify the rental fee (“Rental Fee”) and security deposit (“Security Deposit”, and collectively “Total Fees”). If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Travive may, in its capacity as the payment agent of the Property Owner, obtain a pre-authorization of the Guest’s credit card in the amount the Property Owner determines for the Security Deposit prior to the Guest’s check-in at the applicable Property Owner’s Accommodation. While Travive will act in good faith with regard to Property Owners’ requests and claims related to Security Deposits, Travive is not responsible for administering or accepting any claims by Property Owners related to Security Deposits, and disclaims any and all liability in this regard. If a requested booking is cancelled by the applicable Property Owner or by Travive, Travive will issue an appropriate refund to such Guest, and any pre-authorization of such Guest’s credit card will be released, if c. Obligations of Guest. You agree to pay Travive the Total Fees of any Accommodation you book through the Site or Services. You understand and agree that Travive, on behalf of the Property Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount to verify your credit card. Once Travive receives confirmation of your booking from the applicable Property Owner, you authorize Travive to charge and collect the Total Fees in accordance with the terms and conditions of this Agreement and the pricing terms set forth in the applicable Listing. Please note that Travive cannot control any fees that may be charged to a Guest by his or her bank related to Travive’s collection of the Total Fees, and Travive d. Billing Information. In connection with your requested booking, you will be required to provide customary billing information such as name, billing address and credit card information either to Travive or its third party payment processor. You agree to pay Travive for any confirmed bookings in accordance with this Agreement by one of the methods described on the Site. You hereby authorize the collection of such amounts by charging the credit card provided to request the booking, either directly by Travive or indirectly, via a third party online payment processor or by one of the other payment methods described on the Site. You also authorize Travive to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Travive’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your booking and the cancelation policy.the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodations. In the event that a Property Owner claims otherwise and provides photographs or other evidence of damage, you agree to pay the full cost of replacing all damaged items and otherwise fully repairing all damage to the Accommodations. After being notified of the claim and given forty-eight (48) hours to respond, Travive is authorized to charge the e. Damage to Accommodations. You are responsible for leaving the Accommodations in corresponding damage payment to and collect from the credit card on file. Travive also reserves the right to charge the credit card on file, or otherwise collect payment from you and pursue any avenues available to Travive in this regard, including using Security Deposits, in situations in which you have been determined, in Travive’s sole discretion, to have damaged any Accommodations, including, but not limited to, in relation to any payment requests made by Property Owners or to any payments made by Travive to Property Owners. If Travive is unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodations to the applicable
4. Cancellations and Refunds. Bookings are non-refundable and may not be changed or cancelled except as expressly permitted in the confirmation email for such booking, and any request for such a change or cancellation must follow Travive’s standard procedures therefor set forth on the Site.
5. Ownership; Proprietary Rights. The Company owns and retains all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Site and Services, the software and technology used by Travive to provide Site and Services features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Travive Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any
6. Prohibited Uses. As a condition of your use of the Site and Services, you will not use the Site and Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site and Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Site and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and
7. Disclaimers. IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVIVE DOES NOT HAVE ANY OBLIGATION (BUT RESERVES THE RIGHT IN ITS SOLE DISCRETION) TO CONDUCT BACKGROUND CHECKS OR OTHER RESEARCH ON ANY PROPERTY OWNER OR GUEST. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVIVE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAVIVE MAKES NO WARRANTY THAT THE SITE, SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR BOOKING FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR ANY PARTICULAR STANDARDS OR CRITERIA. TRAVIVE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF ANY TRAVIVE TRAVEL CREDITS, THE SITE, SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVIVE OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT YOU UNDERSTAND THAT TRAVIVE HAS NO OBLIGATION OR RESPONSIBILITY TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. TRAVIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. NOTWITHSTANDING TRAVIVE’S APPOINTMENT AS THE LIMITED AGENT OF THE PROPERTY OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE PROPERTY OWNERS, TRAVIVE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY, OR FOR ANY ACT OR OMISSION OF ANY
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TRAVIVE OR ITS AFFILIATES, CONSULTANTS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE SITE AND SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH TRAVIVE, INCLUDING IN CONNECTION WITH ANY LISTINGS, BOOKINGS, ACCOMMODATIONS OR PROPERTY OWNERS, EVEN IF TRAVIVE OR A TRAVIVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, TRAVIVE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TRAVIVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES EXCEED ONE HUNDRED U.S.
9. Indemnification; Hold Harmless. You agree to indemnify and hold Travive and each of its officers, directors, consultants and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Site and Services, violation of this Agreement or infringement,misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Travive’s willful misconduct or gross negligence. Travive reserves the right, at our election and our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
10. Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent
11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
12. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in and for San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of
13. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
14. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
15. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
16. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
17. Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement.
18. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting the Site and Services from your device and notifying us via e-mail at email@example.com that you are terminating. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup and archival systems for some period of time. You agree that Travive, in its sole discretion and for any or no reason, may terminate this Agreement, or your use of the Site or Services. Travive may also in its sole discretion and at any time discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that any termination of your use of the Site and Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Travive shall not be liable to you or any third-party for any such termination. In the event this Agreement or your access to our Site and Services is terminated, you will remain liable for all amounts due hereunder. Sections 3 (with respect to amounts accrued or owed prior to termination) and 5-19 will
19. Claims. YOU AND TRAVIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS Contacting Travive: If you have any questions about this Agreement, please contact Travive at 1.888.715.8484.