Terms and conditions
Individual Membership
Participation in the closed-user group, which entitles the Member to access all of the Benefits offered by 2Tier Travel Ltd. through the 2Tier Travel Ltd. Membership Program.
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Individual Membership Application
Your Membership application form, including these Terms and Conditions, and the application process.
Annual Membership Fee
The annual payment made by a Member to maintain Membership in the Program.
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Program
The 2Tier Travel Ltd. Benefits Membership Program.
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Provider
A third party with whom 2Tier Travel Ltd. has entered into a contract whereby the third party provides Benefits to Members of the 2Tier Travel Ltd. closed-user group Membership Program operated by 2Tier Travel Ltd.
Website
The 2Tier Travel Ltd. Website, a www.2tiertravel.com or sub domains of that Website and any other websites including subdomains through which 2Tier Travel Ltd. may offer access to Program Benefits from time to time.
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Minimum Age
You must be 18 years of age or older.
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Acceptance
Membership in the Program becomes effective only when the Membership Application is accepted by 2Tier Travel Ltd. and the annual Membership Fee and the Fee is paid and received by 2Tier Travel Ltd., and you have accepted these Terms and Conditions of Membership. Continued Membership is at all times after acceptance conditional upon payment by you of the Annual Membership Fee. 2Tier Travel Ltd. may refuse to accept any Membership Application in its sole discretion.
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Payment Authorization
You hereby authorize 2Tier Travel Ltd. to charge your credit or debit card identified in your Application, or provided to 2Tier Travel Ltd. from time to time, with the Annual Membership Fees. You hereby certify that the credit or debit card used to make payment is held in your name or that you are an authorized user of the card. Payments contemplated by this purchase consist of the Initial Annual Membership Fee and the recurring annual Membership Fees until the Membership is cancelled by notice in writing in accordance with these Terms and Conditions.
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Providers of Benefits
2Tier Travel Ltd. supplies certain Benefits itself and/or through associated entities but also contracts with various Providers to provide Benefits to Members, which Benefits will change from time to time. 2Tier Travel Ltd. shall at all times provide updated information as to Benefits available on its Website.
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Authorized Users
Benefits may be used by any Member. A maximum of two (2) adults aged 18 or older may travel per booking provided at least one (1) adult on the booking is a Member or is an adult aged 18 or older who resides in the same household as a Member. A Membership may only be held in the name of an individual person; 2Tier Travel Ltd. does not accept Membership Applications in multiple names, partnerships, and trusts or in the names of, or on behalf of, business entities. Members may take dependent children on 2Tier Travel Ltd.' bookings by paying the designated trip charge. Children may be charged an additional Dependent Child Fee ("DCF"), which is particular to each booking and will change accordingly. Dependent children are those children residing with their parent(s) or legal guardian(s), in full-time education and 18 years of age or under. Those children who are over the age of 18, unmarried, residing with their parent(s) or legal guardian(s), and attending full-time education (up to the age of 25) are also considered dependent children for these purposes. In addition, a child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is a dependent child for these purposes. Additional rooms for dependent children under the age of 18 years not sharing accommodation with adult guests can be requested but are not guaranteed to be available and will be subject to additional charges, which may vary.
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Selection of Benefits
It is your responsibility to choose which Benefits you use. Not electing to participate in all or any of the Benefits offered does not constitute a breach of your Membership. Except in accordance with the provisions for Cancellation in these Terms and Conditions, you will not be eligible for a full or partial refund of your Initial Membership Fee and as a result of your non-use of any of the Benefits of the Program. Benefits available may be varied and/or replaced by alternative Benefits at any time in the sole discretion of 2Tier Travel Ltd.
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Availability
Due to the inherently limited inventory in the travel industry, the availability of specific services or features such as room upgrades or amenities is not guaranteed and may be subject to limits on availability or price, which may vary. 2Tier Travel Ltd. will make every reasonable effort to offer you the best possible price, but prices may increase above the initially published price due to limited inventory availability. Benefits are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by a Provider, such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms, including any such restrictions or requirements, before booking. 2Tier Travel Ltd. shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
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Membership is Non-Transferable
Membership is personal to you as a Member and you may not transfer, assign, charge or otherwise dispose of any of your rights or obligations without the prior written consent of 2Tier Travel Ltd. Membership shall terminate automatically on the death of the individual in whose name the Membership is held.
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Provider Terms and Restrictions
These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Provider, and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Provider supplying such products or services to the Member.
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Website Content Without Warranties
All materials, information, software, products, and services included on or available through the Website (the "content") are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties of any kind, either express or implied.
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Disclaimer of Liability and Limitation of Damages
2Tier Travel Ltd., its parent, subsidiaries, associated entities, Providers, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, and the employees, agents, assigns, owners, officers or directors of the foregoing parties (collectively, the "covered parties") shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from: (1) the use of, or inability to use, the Website; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties' liability for damages to a Member exceed the Membership Fees paid by the Member during the 12 months immediately preceding the first event that is alleged to have caused the damages. Nothing in this clause shall be effective to limit the liability of the covered parties in respect of death or personal injury caused by negligence.
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Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in Gibraltar. The arbitration shall be conducted before the American Arbitration Association, before a single arbitrator, and shall be conducted pursuant to the Commercial Dispute Resolution Procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its own fees and costs, and costs of arbitration/shall be shared equally.
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Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Gibraltar, excluding its conflict of laws rules. Any conflict or inconsistency between these Terms and Conditions and the Website Terms of Use at www.2tiertravel.com shall be resolved in favor of the Website Terms of Use. Consumers in England, Wales, Northern Ireland and Scotland have certain important rights under the consumer protection provisions of Regulations 7-8, 13-18 and Schedule 2 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which are hereby included by reference as additional Terms and Conditions of said Consumers' Membership in the 2Tier Travel Ltd.. You may access The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, by clicking: http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf. Any conflict or inconsistency between the applicable provisions of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and provisions of these Terms and Conditions of Membership shall be resolved in favor of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
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Propriety Ownership and Rights
The Website content, including, but not limited to, its appearance, layout, color scheme, and design, and the Program, software, logos, trade, service and other marks used with the Website or the Program from time to time belong to and shall remain the property of 2Tier Travel Ltd. or its licensors and are protected by intellectual property laws. Any software that is made available to download from the Website (the "Software") is the copyrighted work of 2Tier Travel Ltd., its subsidiary, associated or affiliated entities and/or its Providers and/or their suppliers or licensors. 2Tier Travel Ltd. grants you only a limited, non-transferable, revocable and non-exclusive license to use the Software, documentation and other content of the Website necessary to access, explore and otherwise use the Website in real time and to use the materials and the Benefits of the Program on the Website in a manner consistent with these Terms and Conditions. Copying or reproduction of the Software or of the Website content or Program to any other server or location for further reproduction or redistribution is expressly prohibited. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Website content or the Program, in whole or in part, by any means, except as expressly authorized in writing by us. You shall not use, disseminate or reproduce any 2Tier Travel Ltd. or 2Tier Travel Ltd. trademarks, tradenames, trade dress, service marks, copyrights or other intellectual property in marketing materials, or in advertising on social media, including, but not limited to, Facebook, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the prior express written consent of 2Tier Travel Ltd..
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Website Use
You shall not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, the Website Terms of Use, or applicable law, and you agree to respect the rights of other users of the Website. 2Tier Travel Ltd. reserves the right to terminate your use of the Website and your Membership if, at any time, you engage in any conduct that 2Tier Travel Ltd., in its sole discretion, deems to be detrimental to 2Tier Travel Ltd., the general public or other users. In such instances, you shall forfeit Membership "points" or any other incentives awarded by 2Tier Travel Ltd. or our Providers that are accrued but not redeemed or used upon the termination of your Membership. In addition, you agree to refund to 2Tier Travel Ltd. the reasonable value of any incentives or remuneration you receive or realize as a result of any illegal or wrongful conduct, or conduct in violation of these Terms and Conditions.
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Independent Relationship
No relationship between 2Tier Travel Ltd. and any third parties, including, but not limited to, Providers, travel agents, travel experts, writers, and Members, whether or not they share in the revenues and/or profits of 2Tier Travel Ltd., who post, publish, view, receive, or utilize information and/or materials on the Website shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of 2Tier Travel Ltd., its parent, subsidiaries, Providers, associated or affiliated entities or any officer thereof.
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Changes to Terms and Conditions
2Tier Travel Ltd. may revise and amend these Terms and Conditions from time to time. Your use of any of the Website or Benefits offered in the Program will be subject to the Terms and Conditions in force at the latest time you access the Website and the Benefits, and your use of the Website and/or the Benefits shall constitute your acceptance of the applicable Terms and Conditions.
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Authorization to Disclose Contact Information
By completing and submitting the Membership Application Form, you specifically authorize 2Tier Travel Ltd. to transfer and disclose personal or confidential contact information which you have provided to 2Tier Travel Ltd. in connection with your Membership Application Form to its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers and vendors, as well as, if required by law, applicable government or regulatory bodies. You consent to 2Tier Travel Ltd. and its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers, vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Membership Application Form or as provided to 2Tier Travel Ltd. by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of 2Tier Travel Ltd. products, sales aids, and services. Your consent to receive such emails and/or text messages shall continue during the currency of this agreement and shall survive the termination or expiration of this agreement for any reason unless and until you inform 2Tier Travel Ltd. of revocation of consent to receive such communications. You may revoke your consent in writing by emailing support@2tiertravel Ltd.com or by utilizing the unsubscribe option contained within a 2Tier Travel Ltd. email or text communication.
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Indemnification
You agree to indemnify 2Tier Travel Ltd. for any liability, including legal fees, costs and disbursements, damages, fines, penalties, or other awards arising from your conduct and that of your companion when travelling as a 2Tier Travel Ltd. Member or companion. 2Tier Travel Ltd. may at any time set off any liability of the Member or companion against any liability of 2Tier Travel Ltd., whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms and Conditions. Any exercise by 2Tier Travel Ltd. of its rights under this section shall not limit or affect any other rights or remedies available to 2Tier Travel Ltd. under these Terms and Conditions, applicable law or otherwise.
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Entire Contract
The Membership Application Form and these Terms and Conditions constitute the entire contract between you and 2Tier Travel Ltd. relating to your Membership. Any promises, representations, offers, and other communications not expressly set forth or incorporated by reference in these Terms and Conditions are of no force or effect.
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Waivers
Any waiver by 2Tier Travel Ltd. of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of 2Tier Travel Ltd.. Waiver by 2Tier Travel Ltd. of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.
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Partial Invalidity
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect.
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Your Right of Cancellation
You have the right to cancel within 7 days of any payment without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by email) to support@2tiertravel.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the 7-day cancellation period has expired.
Effects of cancellation
If you cancel this contract within 7 days of your last payment, we will reimburse to you the last payment received from you, including any costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 30 days after we received cancellation notice
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services (i.e., the receipt of Benefits under the Membership Program) during the cancellation period, you shall pay us an amount, which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
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Termination
After the expiry of the cancellation period, your Membership shall remain in effect until (i) terminated by you by sending, in writing, notice of termination of your Membership by certified mail to 2Tier Travel Ltd., ATTENTION: 2TIER TRAVEL LTD. BENEFITS MEMBERSHIP PROGRAM, 13/1 Line Wall Road, GX11 1AA,Gibraltar or by email to support@2tiertravel.com or (ii) terminated by 2Tier Travel Ltd. by sending in writing, notice of termination of your Membership to you by certified mail at the address held on file by 2Tier Travel Ltd. for you or by email to the email address held on file for you at the date of the notice. (Notice to 2Tier Travel Ltd. must include your signature, printed name, address, and Member Identification Number). Your Membership will also be terminated with immediate effect if you stop payment of the annual Membership Fee or if any of the information provided by you on your Membership Application is found to be false, inaccurate or fraudulent. Notice of termination must be received by 2Tier Travel Ltd. at least five (5) business days prior to the scheduled payment date of your account. If a termination notice is received fewer than five (5) business days prior to the scheduled payment date, termination will become effective in the month following the month in which the notice of termination is received by 2Tier Travel Ltd. Termination by either party shall terminate your use of the Benefits of Membership and access to the Website with effect from the next scheduled payment date.
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Definitions
The following terms when used herein shall have the following meanings:
A.Benefits: Access to the various special products and services made available to Members, which Benefits shall be as published on the 2Tier Travel Ltd. Website.
B.Initial Membership Fee: The one-time payment due on application to become a Member.
C.Force Majeure Event: An extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an act of God, such as hurricane, flooding, earthquake, volcanic eruption, etc., that prevents one or both parties from fulfilling their obligations under this contract.
D.2Tier Travel Ltd.: 2Tier Travel Ltd., a Gibraltar Limited Liability Company.
E.Member: A person who has been accepted by 2Tier Travel Ltd. as a Member of the 2Tier Travel Ltd. and who has paid the Annual Membership and continues to pay the Annual Membership Fee. A person immediately ceases to be a Member if he or she terminates his or her Membership or fails to pay the Annual Membership Fee when due.