Walabu Travel

INTRODUCTION

Welcome to the Walabu Travel website. The Walabu Travel website, mobile or tablet applications, or any other feature on the Walabu Travel platform (collectively our "Website" or "Walabu Travel") is designed to be as user-friendly, informative and secure as possible. Our Website is provided solely to assist customers in gathering travel information and purchasing travel-related goods and services. Our website is intended for personal, non-commercial use. For the purposes of this Agreement, (a) "we", "us", "our", and "Walabu Travel" refer to Walabu Travel, (b) "you" or "your" refers to you as the user of our Website, (c) "including" or "includes" means including without limitation, and (d) "Bookings" means any goods or services (including airline tickets and hotel bookings) purchased or reserved through the Website.

Our Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms" or "Agreement"). This Agreement describes the terms and conditions applicable to the services available through our Website and details your responsibilities, thereby limiting the liability of Walabu Travel and its third-party suppliers or providers. These include the airlines, hotels, rental car companies and other suppliers that provide Bookings or other services through our Website (such third parties are collectively referred to as the "Travel Service Providers"). Please read these Terms carefully, as they contain important information. You should also read our "Privacy Policy" (as defined below), which also governs your use of our Website, and is incorporated by reference in this Agreement. By accessing or using our Website, booking any Bookings on our Website, or contacting our call center agents, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any Bookings through our Website or our call center agents.

These Terms may be subject to change. The amended Terms shall be effective from and after the date that they are posted on our Website. We recommend that you review these periodically. You will be subject to the Terms in force at the time that you make your purchase from us or use our Website.

Our Website is intended to provide services primarily for residents of North America. This Agreement applies to any use of the Website, any use of the Services and any Bookings made from the United States. We may determine your location including through use of your IP address. If your IP address is located in the United States, these terms and conditions apply to you.

1. USE OF OUR WEBSITE

As a condition of your use of our Website, call center agents, and other products and services provided by Walabu Travel, including any content (together "Services"), you warrant that:

You are at least the age of majority in the jurisdiction where you reside;

You possess the legal authority to engage in a legally binding contractual relationship;

You will use our Website in accordance with this Agreement;

You will only use the Services to make legitimate Bookings for you or for another person for whom you are legally authorized to act;

You will inform such other persons about the Terms that apply to the Bookings you have made on their behalf, including all rules and restrictions applicable thereto;

All information provided by you to the Services is true, accurate, current and complete;

If you have a Walabu Travel account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Walabu Travel retains the right, at our sole discretion, to deny access to anyone to the Services we offer, at any time and for any reason, including for violations of this Agreement.

2. RESOLUTION OF DISPUTES

You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Website, any Bookings, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy ("Claims") by contacting Walabu Travel Customer Support.

3. GOVERNING LAW; SUBMISSION TO JURISDICTION

These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA. Unless otherwise mutually agreed by the parties in writing, you consent to the exclusive jurisdiction of the courts located in New York in any action arising out of or in connection with this Terms and Conditions. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

4. TRAVEL INFORMATION - GENERAL

As a traveler, you must know and understand the applicable legal requirements related to travel, including passport, visa and health requirements. The ultimate responsibility for obtaining this information and complying with any and all passport, visa, health or other requirements remains solely and exclusively with you (please refer to Section 5 below for further details).

Our Website provides extensive information related to travel to our customers, which may include information about vacation destinations, tour packages, travel providers, airfares, flight schedules, cruise details, travel insurance, and/or foreign currencies.

We receive this information from third-party sources such as airlines, hotels, tour operators and transportation providers. We always take reasonable care to make sure this information is accurate and up-to-date. However, we cannot guarantee the accuracy of this information or that it is the most current information available and cannot be held liable for any inaccuracies. Moreover, please understand that all the information on our Website is subject to change. Also, travel products, packages and services described on our website are subject to availability.

Additional terms and conditions, including additional terms and conditions set out by Travel Service Providers, may apply to Bookings ("Additional Terms"). Please read such Additional Terms carefully, including any airline conditions of carriage which may be set out on an airline's website. You agree to abide by any applicable Additional Terms, including Additional Terms relating to payment, availability, check-in times, baggage fees, baggage restrictions, change fees, cancellation fees, and the use of fares, products, or services. For greater certainty, airline fare rules are Additional Terms.

If your itinerary includes Bookings made with different Travel Service Providers (for example, if you are using different airlines for different legs of your trip), please read carefully each Travel Service Provider's Additional Terms as you agree to comply with all such Additional Terms. It is advisable you print the outbound and return portions of your e-ticket confirmation for all flights prior to traveling. You may be asked for proof of your return ticket at check-in.

Walabu Travel may offer customers the opportunity to make a Booking for a combination of two one-way tickets instead of a round trip ticket. For greater certainty, unlike round trip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight.

For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.

5. INTERNATIONAL TRAVEL

If you are traveling internationally, please be advised that the provisions of the Montreal Convention and the Warsaw Convention may be applicable to your journey, including portions entirely within the countries of departure or destination. The Conventions govern and, in most cases, limit the liability of carriers to passengers for death or personal injury.

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Visa and Passport - As a traveler, you should verify with the relevant embassy the passport and visa requirements in advance. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. Under no circumstances will Walabu Travel be held responsible if you do not have the right travel documents or permissions.

You must consult the relevant embassy or consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health - Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection - Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board.

Every destination has its own requirements concerning entry formalities, vaccinations, etc. and these may also vary depending on the nationality of the passenger. We recommend that you obtain this information before planning your journey. Walabu Travel cannot be responsible for incidents deriving from you being non-observant of these official requirements. Some jurisdictions require birth certificates for all minors traveling. The ultimate responsibility for obtaining this information and complying with any and all passport, visa, health or other requirements remains solely and exclusively with you.

BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, WALABU TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

6. AIRLINE BAGGAGE POLICY

Airline baggage fees are not included in any Bookings. All such baggage fees are your responsibility and must be confirmed and paid by you directly with the applicable airline.

7. CHECK-IN

Every airline will have their requirements pertaining to check-in. It is important to verify what the check-in requirements are prior to your flight.

As per the flight industry standard, we recommend the following for your check-in:

Domestic flights: Minimum 90 minutes prior to departure

Between Canada and the United States and International flights: Minimum 3 hours prior to departure

8. AIRLINE SCHEDULE CHANGE

Changes to flight schedules (including cancellations, delays and other schedule changes) can occur for any number of reasons, including bad weather, mechanical problems, crew issues and civil unrest, and can happen at any time, including after check-in, whether in person or online. Such schedule changes ("Schedule Changes") can also include the change of your original flight from a direct non-stop itinerary to include a stop(s) and/or connection(s) to your final destination. Please note that all Schedule Changes stem from the airlines directly.

Each airline has its own policy regarding the options, if any, available to you in the event of a Schedule Change, which may differ for different types of Schedule Changes. These options may require action from you in order for them to be available to you including requiring your express consent to confirm a change to your itinerary. Please review the applicable fare rules, to see what options may be available to you in the event of a Schedule Change. Check your fare rules and you can always call us for assistance with your particular ticket.

In order to help our customers remain informed regarding the status of their flights, and to protect our customers' airline tickets from being invalidated, we have implemented the following guidelines for when Schedule Changes, including cancellations, occur, so that we can try to notify our customers of changes to their itinerary:

We will make every effort to notify you of both major and minor Schedule Changes by email, using the contact information you provide during booking. All such notifications will be made as soon as reasonably practicable upon us learning of the Schedule Change from the airline.

The classification of "major" and "minor" Schedule Changes varies widely by airlines. Please check your inbox for any email notification from us regarding such Schedule Changes, since these changes may require you to take additional action.

Minor Schedule Changes

If a Schedule Change is classified as a "minor" Schedule Change by the airline, you will be automatically re-confirmed on an alternate flight, unless the Schedule Change would result in a misconnection. At that time, we will send you notification of the Schedule Change and an updated itinerary.

Should the re-confirmed flight not be suitable, please call our customer service center. We will make every effort to provide you with alternative accommodation, if and as permitted by your airline's fare rules

If the revised itinerary is acceptable, you are not required to take any additional action

Major Schedule Changes

If a Schedule Change is classified as a "major" Schedule Change by the airline or will result in a misconnection, we will send you an email notification of the Schedule Change along with a request to confirm or request modification of the flight re-accommodation offered by your airline.

Please note: This email will contain an airline-imposed deadline by which you must respond in order to protect the validity of your ticket. Should you fail to respond by the deadline, Walabu Travel will automatically confirm the re-accommodation option provided by your carrier in order to avoid cancellation of your ticket by the airline.

Depending on the amount of time in advance in which we learn of a Schedule Change, we will attempt to send additional Schedule Change notifications and/or reminders of actions you are required to take to preserve your ticket

Turkish Airlines Schedule Changes:

We will do our best to find you an alternative flight re-accommodation when the Schedule Change occurs, depending on the airline's available inventory and fare rules. As such, when a Schedule Change occurs with Turkish Airlines and we are not able to find you an alternative flight re-accommodation within the permissible timeframe imposed by Turkish Airlines, we will automatically proceed to refund your original booking minus any non-refundable taxes on the original method of payment used.

Although we make every effort to provide you with Schedule Change information as described above, circumstances outside our control may impede our ability to do so. Accordingly, please note the following:

We will not be responsible if you fail to enter the correct contact information at time of reservation. Please review for accuracy all contact information (e.g. email address, phone number) you provide to us during booking to ensure you receive updates.

If Schedule Changes occur after you have checked in for your flight (including online), your airline has taken control of your ticket, and it is now your airline's responsibility to notify you of the change and to rebook your flight to your final destination.

Sometimes the airline does not provide advance notice of a Schedule Change. For this reason, it is your responsibility to reconfirm your flight directly with us or with the airline 72 hours prior to your scheduled departure, as well as 24 hours prior to your scheduled flight date to safeguard against any potential missed flights.

Please note that your airline is responsible for providing you with alternative flight options to transport you to your final destination. It is the airline's fare rules, which Walabu Travel is obligated to follow, that govern the recourse available to you. Accordingly, any modifications after a ticket has been reissued or revalidated following a Schedule Change are not guaranteed and may be considered as a voluntary change, subject to the airline's fare rules and other Additional Terms.

If you do not find out about Schedule Changes, including cancellations, until 24 hours prior to departure or if you are already at the airport, or in-between flights, we strongly recommend you work directly with the airline staff to understand your options for alternative transportation, as they are better placed to facilitate an efficient and expeditious solution. Please note that in some cases, especially during bad weather, your options may be limited.

9. RESTRICTED TRAVEL CREDIT

Walabu Travel was able to secure a great price for your original flight. However, cancelling your ticket and exchanging it for a future flight may be subject to restrictions and/or additional costs. Prices for replacement flights may be higher than what you originally paid, and may involve less choice, due to the limitations imposed by the airlines. Potential restrictions and/or limitations include:

Fares eligible to rebook in the future may be limited to the same fare type and/or fare class as your original ticket(s).

Your original ticket price consisted of individual fare and taxes components. In some cases, the fare and taxes components of your original ticket may be respectively limited to the fare and tax portions of your new itinerary.

The original value of your ticket(s) is non-refundable and non-transferable from one traveller to another.

If the cost of your new flight is greater than your original ticket, you will need to pay the remaining difference in price. If the cost of your new flight is less than your original ticket price, you may lose the remaining value depending on the airline policy.

You may be restricted to rebooking a ticket that has the same origin and/or destination as your original ticket.

The booking date, travel commence by date and/or travel completed by date of your trip must be within the validity period allowed by the airline (e.g. 12 or 24 months from the original booking date or travel date, depending on the airline policy).

You must rebook a ticket with the same airline as the original ticket(s).

The value of your original ticket cannot be used for the purchase of ancillary services;

Upon rebooking, you may be charged an airline penalty fee per passenger by the airline.

Your reservation must be cancelled prior to the scheduled departure date or you risk losing the full value of your ticket.

You must rebook your new flight(s) through Walabu Travel. You can rebook by contacting one of our customer service agents or by logging into "My Bookings" on our Website.

In addition, in the event you are cancelling your ticket, you may be charged the applicable Additional Fees set out in Section 14 (Fees for Cancellations, Changes and Refunds) below.

10. OVERBOOKING OF FLIGHTS

Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a Booking. Any such overbooking is considered to be a Schedule Change for the purpose of these Terms.

11. PRICES AND ORDER CONFIRMATION

Advertisements on the Website: (a) are invitations for you to make an offer for a Reservation, and (b) are not intended to be offers to sell you Reservations. Your properly completed order constitutes your offer to make a Reservation (an "Order"). Such Order is accepted only once a ticket is issued or your Reservation otherwise confirmed with the applicable Travel Service Provider. You will not be charged until such Order has been accepted.

Once you have submitted your Order, you should receive an email titled "Your trip confirmation and receipt" from us or the applicable Travel Service Provider (a "Booking Notification"). Your Booking Notification may provide you with a confirmation number before your Order has been accepted (for example, before a ticket has been issued).

If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued or your Order is otherwise accepted.

All prices displayed on our Website are subject to change at any time without prior notice. Prices are only guaranteed once your Order has been accepted. Airlines and other Travel Service Providers may change their prices prior to accepting a final booking without notice to Walabu Travel. If a price increase occurs after you have submitted an Order that affects your intended Booking, we will notify you of the price increase before taking any further steps. However, no price increases will affect your travel package once your Order has been accepted.

Pricing is displayed in USD and/or CAD currency

We reserve the right to cancel a Booking that has been accepted if full payment is not received in a timely fashion.

The rate applied on the date of issuance of the ticket is only valid for a ticket fully utilized and in the sequential order of flight segments on the dates indicated. Improper use may void the ticket and result in cancellation of the entire trip.

12. PRICING ERRORS

We reserve the right to cancel, terminate or not process an Order (including an accepted Order) if the price or any other material information on this website is inaccurate. If we do not process an order for this reason, we will advise you that the Order has been canceled and undertake either not to charge you for the amount of the Order, or to credit you for the order, depending on the payment method used.

13. CANCELLATIONS, CHANGES AND REFUNDS

Bookings cannot be cancelled or changed, and are non-refundable, unless otherwise expressly stated as part of your Order or in these Terms. Your ability to cancel, to change, or to obtain a refund for your Booking, is subject to your Travel Service Provider's Additional Terms, including any applicable airline fare rules and regulations. If you find that you must cancel a Booking for any reason, please contact us as Travel Service Providers may, on a case-by-case basis, permit changes to, the cancellation of, or refunds of, Bookings. We will assist you in this process.

In the event that your Booking can be cancelled, changed or refunded in accordance with the foregoing, (a) we will charge you the fees set out in Section 14 (Fees for Cancellations, Changes and Refunds) as applicable, and (b) Travel Service Providers may charge you additional fees.

If your Booking is for an airline ticket, even if your airline ticket is non-refundable:

Depending on the airline's rules and policies, your Booking may be eligible for a full fare refund if cancelled within 24 hours Eastern Standard Time the day your Booking was completed. However, even if such cancellation is permitted, you will be charged the applicable fees, set out in Section 14 (Fees for Cancellations, Changes and Refunds).

In certain cases, the airline may allow you to cancel without a refund and apply the value of your original ticket towards a future ticket purchase by the same traveler on the same airline. This is called a Restricted Travel Credit and details on the restrictions for its use can be found in Section 9 (Restricted Travel Credit) above.

Name changes: Please be aware that once you have made a Booking, name changes are not permitted. If you find you need to change or correct the spelling of a name after you have made a Booking, you will have to cancel your original Booking, if permitted and otherwise subject to this Section 13 (Cancellation, Changes and Refunds), and then make a new Booking with a new flight at the then-current rate using the correct spelling of the name. Therefore, it is imperative and your responsibility to verify the spelling of the names of all passengers before making your Booking.

Refund requests, when or if permitted, are subject to the Travel Service Provider's rules and regulations of purchased tickets. If the refund request is approved by the Travel Service Providers, we are unable to provide a specific timeline for how long it may take for this requested refund to be processed.

In the event that a refund is provided, please note that any fees associated with the Booking, or any fees that we charge you in accordance with Section 14 (Fees for Cancellations, Changes and Refunds) below, are not refundable. Please note that we are dependent on the Travel Service Providers for receiving the requested refunds. If a refund is approved by the Travel Service Provider it may take additional time for this to be credited back to you. Please note that it may take an extended period of time for refunds to be processed.

14. FEES FOR CANCELLATIONS, CHANGES AND REFUNDS

Travel Service Providers may charge fees in connection with your Booking or, to the extent permitted, any cancellation, change, or refund thereto (e.g. a cancellation penalty). In addition to such Travel Service Provider fees and any fees associated with the original Booking, Walabu Travel will charge the following fees as applicable where cancellations, changes and refunds are permitted in accordance with these Terms. For single tickets, Walabu Travel fees are charged on a per-passenger, per-ticket basis in the currency of the related Booking and are generally non-refundable. For multi-tickets and Super Saver /virtual interlining tickets, Walabu Travel fees are charges on a per-passenger, per-modification basis and are generally non-refundable.

Table 1: WALABU TRAVEL FEES FOR CANCELLATION, EXCHANGES AND MODIFICATIONS

Request Type Amount per-ticket, per-passenger, if request submitted within 24 hours from the time ticket was purchased Amount per-ticket, per-passenger, if request submitted beyond 24 hours from the time ticket was purchased

Cancellation, exchange or any modification to booking Per-passenger, per ticket fees:

Domestic: up to $75

Transborder: up to $75

International: up to $75 Per-passenger, per ticket fees:

Domestic: up to $75

Transborder: up to $125

International: up to $200

15. PAYMENT AND CREDIT CARD CHARGES

Please note that multiple charges may appear on your credit card.

Payment may be charged by more than one party (as will be shown on your statement, however the total amount charged will not exceed the total price of your Booking inclusive of all optional service fees and taxes.

Furthermore, please allow sufficient time for all pending charges to settle on your credit card statement. Once all pending charges have been posted, all charges related to your booking will sum up to the total amount agreed upon at the time of booking, as contained in your Booking Notification email.

16. FLIGHT INFORMATION

Booking notification: Once your purchase is complete, you should receive an email titled "Your trip confirmation and receipt." Your booking may provide you with a confirmation number before a ticket has been issued. If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued.

We strongly recommend that you re-confirm any flight Booking with the airline 24 hours prior to departure for domestic flights, and 72 hours prior to departure for international flights.

17. FOREIGN CURRENCY TRANSACTIONS

If the currency that was shown to you on our site at the time of booking is different than the currency associated with your form of payment, the bank or financial institution that issued your credit card may charge a fee for international and/or foreign currency transactions.

For example, if you make a Booking through our Website from outside the United States using an American credit card, your bank may convert the payment amount to your local currency and may charge you a fee for the conversion. The amount of the charge appearing on your credit or bank card statement may be in your local currency and different than the purchase amount shown on the billing summary page for the Booking.

Your bank or credit card company determines the currency exchange rate and the amount of the foreign transaction fee on the day it processes the transaction. Please contact your bank or credit card company should you have any questions about these fees or the exchange rate applied to your transaction.

In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside the United States.

18. SUPER SAVER FARES/VIRTUAL INTERLINE

Super Saver fares/virtual interlining consists of fares constructed through the combination of independent tickets from different carriers that do not have a partnership agreement. With Super Saver fares, Walabu Travel is able to provide more options, affordable fares and at times shorter layovers.

Voluntary Changes: Each individual ticket is subject to its own rules and restrictions and customers are deemed to be point-to-point ticket holders. Should you need to make any changes to your ticket(s), each ticket will be changed independently to one another and will be subject to potential change fees. For more information, please refer to the Fees section.

Airline initiated Changes: Unlike round-trip tickets, if one of these flights is affected by an airline-initiated change (cancelation or involuntary schedule change) that causes a customer to make changes to the other flights, the customer will be responsible for any fees incurred for making changes to the unaffected flights.

Self-Transfer and Misconnections: By choosing a Super Saver itinerary, you are responsible for the self-transfer between connecting flights. In some cases, the terminal for your next flight could be different from the one you landed at.

You are responsible for all expenses in the purchasing of a new flight ticket should you have to rebook, due to a misconnection.

Check-in: You are responsible to check into each flight separately since there are no interline agreements between the carriers and in some cases to pass through additional security checkpoints.

Visa Requirements: In some cases, you could be leaving the transit zone and have to pass through passport control yet again. You will need to have the proper travel documents per each ticket booked. For more information, please refer to the Visa Section.

Baggage Allowance: Each individual airline has its own baggage allowance policy. Please ensure your luggage size, weight and quantity correspond to the policies of all operating carriers with a Super Saver itinerary.

Baggage Transfer: When booking a Super Saver fare, you are responsible for the "self-transfer" of baggage between the two carriers at the airport in cases where you have separate independent connecting flights.

19. THIRD PARTY TRAVEL SERVICES

Walabu Travel provides access to travel information, such as flight, hotel, vacation rentals, or car pricing and availability, features and amenities, whose terms and conditions, are provided and maintained by third-parties. These third-party providers are independent contractors so your contract for these travel services is with the third-party provider, and not with Walabu Travel. While Walabu Travel works hard to ensure correctness, it cannot verify, and is not responsible for, the accuracy of information provided by third parties regarding their respective services. Walabu Travel is not liable for the acts, errors, delays, omissions, representations, warranties, breaches, bankruptcy, or negligence of any such third-party providers or for any personal injuries, death, property damage, or other damages or expenses resulting from third-party provided services. Walabu Travel is not responsible for providing any refund in the event of any delay, failure, breach, cancellation, overbooking, travel warnings or restrictions on non-essential travel issued by the World Health Organization or the Centers for Disease Control and Prevention due to COVID-19, strike, force majeure or other causes beyond Walabu Travel's direct control. By offering third-party travel services for booking via the Website, Walabu Travel does not endorse, or make any representation or warranty about, the quality of any service provider.

The purchase of third-party travel products and services through the Website, and entitlement to cancellation or refunds for such services, will be governed by and subject to additional terms and conditions from such providers, and subject to laws and regulations imposed by government entities, and you agree to abide by all such terms, laws, and regulations. Where possible, Walabu Travel will make these terms available to you. However, additional applicable terms may be provided on the third-party provider's website. Please read these additional provider terms and conditions carefully prior to purchase from any third-party service provider using the Website, and ensure that you understand the full terms applicable to your airfare, hotel, vacation rental, trip insurance, car rental, or other third-party service.

If you make Bookings on behalf of another person(s) with their authorization, you agree that you will inform such other person(s) about these terms and any third-party terms, rules and restrictions that apply to the bookings made on their behalf. You understand and agree that any violation of third party terms of service may result in a cancellation of your bookings, denial of service, and forfeit of any amounts paid. Walabu Travel is not responsible for any damages resulting from your violation of third party terms.

Cancellation Protection

Cancellation Protection offered by Walabu Travel is provided through a partnership with Refundable Me. When you purchase Cancellation Protection in connection with one of our travel products, you are subject to the terms & conditions of Refundable Me, as provided to you within the Website at the time of purchase, and in subsequent confirmation communications.

Bag Assist

Baggage tracking offered by v is provided through a partnership with CSA Travel Protection ("CSA"). When you purchase Bag Assist in connection with one of our travel products, you are subject to the terms & conditions of CSA, as provided to you within the Website at the time of purchase, and in subsequent confirmation communications.

CSA Travel Protection

Travel Protection offered by Walabu Travel is provided through a partnership with CSA. When you purchase Travel Protection in connection with one of our travel products, you are subject to the terms & conditions of CSA, as provided to you on the Website at the time of purchase, and in subsequent confirmation communications.

Trip Assist Plus

Trip Assist Plus offered by Walabu Travel is provided through a partnership with CSA. When you purchase Trip Assist Plus in connection with one of our travel products, you are subject to the terms & conditions of CSA, as provided to you on the Website at the time of purchase, and in subsequent confirmation communications.

Travel Data Plan

The Travel Data Plan offered by Walabu Travel is provided through a partnership with CelliTech. When you purchase the Travel Data Plan in connection with one of our travel products, you are subject to the terms & conditions of CelliTech, as provided to you on the Website at the time of purchase, and in subsequent confirmation communications.

20. BAG REQUEST

Our Bag Request service is an optional service that allows Walabu Travel to request additional baggage from the airline on your behalf.

Your bag requests will be transmitted to the airline once your booking is confirmed and your ticket(s) is (are) issued.

Note that due to aircrafts' capacities, a confirmation of your additional requested baggage will only occur when the request is transmitted to the airline.

As we have no control over aircrafts' capacities, we do not guarantee your selected checked baggage until we get confirmation from the airline.

Bag Request fees will be automatically refunded on the credit card provided if we are unable to confirm with the airline that the requested bags have been assigned

21. SEAT REQUEST

Our digital Seat Request service is an optional service that allows Walabu Travel to request specific seats to the airline on your behalf. Your seat requests will be transmitted to the airline once your booking is confirmed. Note that some of the seats that are shown at the time when your selection is made may no longer be available when the request is transmitted to the airline.

We do not guarantee that the airline will assign the requested seats. Seat Request fees will be refunded if we are unable to confirm with the airline that the requested seats have been assigned.

The airline may move you to a different seat in the event of a schedule change, aircraft change or any other unforeseen event.

Please contact the airline directly to confirm your seat assignment prior to departure. Click here to view the contact information of the airlines we have partnered with.

If you do not request a seat in advance, a seat will be automatically assigned to you at the time of your check-in.

22. SPECIAL REQUESTS: INCLUDING MEALS AND FREQUENT FLYER BENEFITS

Please note that requesting specific meals, frequent flyer benefits etc. are requests only. The airline reserves the right to make revisions without notification. All requests should be confirmed with the airline and we cannot guarantee that your meal/frequent flyer benefits/other special requests will be confirmed by the airline. It is your responsibility to contact the airline you have booked with to confirm the requests you have made. Click here to view the contact information of the airlines we have partnered with.

23. SUITABILITY OF TRAVEL PRODUCTS AND SERVICES

On our Website, we offer a variety of travel products and services to our customers. However, we do not represent or warrant that any conditions of any of these travel products and services are or will be suitable and proper for you.

You agree to release us from any claims related to your satisfaction with the products and services detailed on our Website, including claims that these products and services are not or were not suitable for you.

24. SPECIALS

From time to time, we offer "specials" on our website. This Section 23 (Specials) applies to all specials we offer on our Website. As well, all the terms and conditions spelled out above and below apply to specials we offer on our Website.

Specials are only available for a limited time. Please contact us if need be to determine whether a special shown on our website is still available.

Specific terms and conditions may apply to any special shown on our website. Please contact either us or the applicable Travel Service Provider to determine what terms and conditions apply to that special, if any, and how they may affect you.

Unless otherwise stated by us in writing, in the event that your payment is declined at the time of booking, we reserve the right to cancel such booking at our discretion with no prior notice. We accept no responsibility for any loss you incur as a result of cancellation for non-payment.

25. UNACCOMPANIED MINORS

Tickets will not be sold directly to unaccompanied minors age 16 and under. Each airline sets its own policies and regulations for children traveling without adult supervision. Some airlines may not allow unaccompanied minors to travel without an adult. Some airlines will only allow unaccompanied minors to travel on non-stop flights. Many airlines require additional fees to be paid at check-in. You must call the airline to verify rules and restrictions for an unaccompanied minor traveling alone.

26. CREDIT CARD CHARGEBACKS

You have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Walabu Travel prior to disputing a charge with your credit card company so we may discuss and answer any questions or concerns you may have about our charges. In all cases, Walabu Travel will work with you in resolving your concerns. Walabu Travel retains the right to dispute any chargeback that it believes is improper, as described more fully below. Walabu Travel also retains the right to fully cancel any Booking in the event of a chargeback related to that Booking.

By using our service to make a Booking with a Travel Service Provider, you accept and agree to the relevant cancellation policy of that Travel Service Provider. In all cases, the cancellation policy of each Booking is made available on our Website. Please note that certain rates or special offers are not eligible for cancellation or change.

Walabu Travel deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you (each an "improper chargeback scenario"):

Chargebacks resulting from non-cancellable or non-refundable Bookings in the event that Walabu Travel or the Travel Service Provider cannot provide a refund, whether or not the Booking is used. For greater certainty, this includes cases where:

The flight has been flown and/or the Booking has been partially used;

You were a no-show and missed the flight

You did not have the necessary travel documents prepared for any leg of the flight; or

You failed to meet the necessary health requirements needed in order to use the Booking.

Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card.

Chargebacks arising from the Travel Service Provider's failure to deliver a product or service in a manner that's consistent with the Travel Service Provider's product description.

Chargebacks resulting from force majeure or other circumstances that are beyond the control of Walabu Travel.

For greater certainty, we may, in accordance with the Privacy Policy, use information relating to you, including recordings of customer service calls, to dispute chargeback claims from you. The data used to dispute chargebacks will therefore be shared with third parties. In that regards, Walabu Travel shall not be held accountable for any data breaches stemming from third parties as a result of disputing the chargeback you have initiated.

RECOVERING COSTS OF IMPROPER CHARGEBACKS

In the event of an improper chargeback scenario in which a service has been genuinely purchased from our Website, if following investigation (i) Walabu Travel determines that a chargeback was improperly issued and (ii) Walabu Travel is unable to rebut such chargeback claim and recover such chargeback costs from the credit card network and/or the Travel Service Provider, Walabu Travel retains the right to recharge your credit card to recover the costs of such chargeback claim from you upon notification that a chargeback has been issued and you agree to reimburse Walabu Travel in such circumstances.

27. INTELLECTUAL PROPERTY

Our Website, including its underlying software and its text, design, graphics, layout and content, is owned or licensed by us or by the respective owners. All material on our Website is protected by American and international intellectual property laws.

As a visitor to or user of our Website, you have permission to view, use and electronically copy the pages and content of our Website through the usual and ordinary use of a web browser.

Any other use of our Website and its contents, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing, is not permitted and is strictly prohibited without the specific written permission of the owner(s) of such material.

Any unauthorized use of our website or its contents will breach this agreement and may void your permission to use our Website. It may also violate copyright and other laws.

Certain trademarks, service marks, business names, company names, logos, trade names and presentation techniques (trade dress) used on our Website are owned by us or by our licensors. In particular, we own the trademark "Walabu Travel.", which is a registered trademark. All rights reserved.

You do not have a right, license or permission to use any of the forgoing except as expressly set out in this Section.

28. PROHIBITED ACTIVITY

As a visitor to or user of our Website, you must use it in a responsible and cooperative manner. The content and information on our Website (including price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us, our providers, or our Travel Service Providers. While you may make copies of your travel itinerary (and related documents) or Bookings, you agree not to otherwise modify, copy, distribute, transmit display, perform, reproduce, publish, license, creative derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website. Additionally, you agree not to:

Make any fraudulent, speculative or false inquiries or Bookings, or make any Bookings in anticipation of demand;

Use any form of robot, spider, scraper or other automated means, or any comparable manual process, for the purpose of accessing, monitoring or copying any of the content or information on our Website without our prior written consent;

Violate the restrictions in any robot exclusion headers on our Website or bypass or circumvent other measures employed to prevent or limit access to our Website;

Place or enter false, misleading or incorrect information on our Website;

Make any unauthorized commercial use of our Website and/or its content;

Make any form of booking, reservation or request through our Website without fully intending to use that booking, reservation or request for legitimate travel purposes;

Use another person's name, user ID or password to make Bookings or inquiries on our Website without that person's prior permission;

Use our Website while impersonating or acting as another person;

Post on or transmit through our Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or images, or any other material that could give rise to or result in civil or criminal proceedings;

Access or use our Website in any manner that, in our opinion, could impair, impede or otherwise negatively affect the proper functioning and performance of our Website and its systems, or that could negatively impact other visitors to or users of our Website;

Tamper with or hinder the operation of our Website or make unauthorized modifications to our Website;

Delete data from our Website without our permission;

Knowingly transmit any virus, malware or other disabling feature or software to or through our Website;

Breach the rights of any third party (including rights in intellectual property or contract as well as obligations of confidentiality or nondisclosure) or break any related laws in visiting or using our Website;

Frame this Website as part of another website, or cache our Website for commercial gain or advantage;

Disguise or mask the origin device and/or IP address information of the data being transmitted through our Website; or

Knowingly permit or allow another person to do any of the above acts.

We reserve the right to restrict or terminate your access to any or all of the features and components of our Website if we believe you have violated, or are violating, any of the above prohibitions. In the event of any such restriction or termination, you must immediately cease any prohibited use of our Website. Attempting to access or use our Website in violation of any restrictions or terminations shall constitute an act of trespass. We will pursue legal action to the fullest extent possible against anyone whom we believe is in breach of the above prohibitions or is committing a trespass on our Website, and we reserve the right to do so.

29. INDEMNIFICATION

You agree to indemnify and defend Walabu Travel and/ or its Travel Service Providers and any of their officers, directors, employees and agents from and against any and all losses, damages, claims, causes of action, demands, recoveries, fines, penalties, or other costs and expenses of any kind or nature including reasonable legal and accounting fees brought by a third parties as a result of:

Your breach of these Terms; or

Your violation of any law or the rights of a third party; or

Your use of our Website.

30. RELEASE

If you have a dispute with a Travel Service Provider, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

31. YOUR PRIVACY

Walabu Travel believes in protecting your privacy. Please click here for our current Privacy Policy (the "Privacy Policy") which also governs your use of our Website. It contains information about how Walabu Travel collects, uses, and discloses information through the Services.

32. DISCLAIMERS

This Website and all its content are provided for your use on an "as is" and "where available" basis and at no charge.

We make, to the extent permitted by applicable law, no warranties, conditions or representations, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to our Website or any related materials, products, services, or information. Moreover, we do not warrant, represent or condition that the content of our Website is accurate, current or complete, or that it does not infringe on the rights of others.

We disclaim all implied warranties and representations to the maximum extent permitted by law, including, without limitation, implied warranties that the products and services offered, sold and provided through our Website will be of merchantable quality, are fit for any purpose or comply with the descriptions and samples displayed on our Website.

The air carriers and other Travel Service Providers providing travel or other services on our Website are independent contractors and not agents or employees of Walabu Travel. Walabu Travel is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Service Provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Walabu Travel 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 has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. Under no circumstances, including, but not limited to, negligence, shall we (including any of our officers, employees, agents, shareholders or other representatives), and/or our Travel Service Providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.

In no event shall we, and/or our Travel Service Providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages.

In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. To the extent permitted by applicable law, any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk.

We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting Bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.). Neither will we nor will any of our officers, employees, agents, shareholders or other representatives be liable in damages or otherwise to the maximum extent permitted by law in connection with your use of or inability to use or access our Website or your purchase and use of any products and services offered, promoted or sold on or through our Website.

This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect, special or consequential damages; loss of data, income or profit; loss of or damage to property; personal injury; and claims of third parties.

If any warranties implied by law cannot be excluded, then our liability for breach of such warranties is limited, to the extent permitted by applicable law, at our option, to:

in the case of products: the replacement of the products or the supply of equivalent products; or the payment of the cost of replacing the products or acquiring equivalent products

in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

33. COMMUNICATIONS THROUGH WEBSITE

You can communicate with us through our Website. Our Website also lists other ways you can communicate with us. Please be aware that by submitting content to our Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Walabu Travel, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Walabu Travel may choose to provide attribution of your comments or reviews at our discretion. You further grant Walabu Travel the right to pursue at law any person or entity that violates your or Walabu Travel's rights in the Submissions by a breach of these Terms.

You acknowledge and agree that Submissions are non-confidential and non-proprietary.

You expressly waive any and all "moral rights" (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Walabu Travel may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

Walabu Travel's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

34. NOTICE OF INFRINGING MATERIAL

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice under the Digital Millennium Copyright Act.

Please include a physical signature, a description of the copyrighted work, a description of where the allegedly infringing material appears on the Site, your address, telephone number, email address, a good-faith statement, and a statement under penalty of perjury that the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Our DMCA Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: [email protected].

We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

35. LINKING

We may link our Website to other websites on the Internet for your convenience and reference. The inclusion of any such links does not indicate endorsement. We have not verified the content of any linked website and bear no responsibility for it. You are responsible for taking precautions before using linked content or downloading files. We are not liable for any loss or damage arising from visiting or doing business with any linked website or business.

36. TERMINATION

We reserve the right to immediately terminate this Agreement, as well as any other agreement between you and us, if you breach any of these Terms and Conditions.

We further reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

37. OUR RELATIONSHIP

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship exists between you and us, nor is such a relationship created between you and us by these Terms and Conditions or by our Agreement with you.

38. NOTICES

If you have a complaint or other feedback about Walabu Travel's service, please contact us through customer support first so your concern can be addressed appropriately.

39. MEDIA RELATIONS

For all media inquiries, please send an email to: [email protected].

40. GENERAL

If any of these Terms are found by a court or other legal authority to be invalid or unenforceable, the invalid or unenforceable provisions will be stricken and the remaining terms and conditions will remain in full force and effect.

The headings used in these Terms are for reference purposes only.

If we take no action in response to a violation by you or others of one or more of these Terms, that inaction shall not constitute a waiver of the violated terms and conditions and shall not impair our right to take action in response to subsequent or similar violations.

In this Agreement, the term "Website" includes any email bulletins or other content that we provide to you through our Website or otherwise initiated from our Website.

41. STUDENT PORTAL

By accessing and using the Student Portal, you agree that access is limited to individuals currently enrolled in accredited educational institutions who have their status verified as instructed on the Website. Walabu Travel may re-verify student status at any time and may revoke access if eligibility criteria are no longer met.

Access to the Student Portal and any discounts provided therein are strictly for personal, non-commercial use. Sharing login credentials, falsifying information, claiming discounts for non-eligible users, or other fraudulent activity may result in revocation of discounts and removal from the Student Portal.

Student-specific pricing and discounts are offered at our discretion and may vary by destination, travel date, eligibility, and availability. Discounts are non-transferable and cannot be combined with other promotional offers unless explicitly stated. Certain services, routes, dates, or booking types may be excluded.

Walabu Travel reserves the right to modify, suspend, or terminate the Student Portal, including any discounts or special pricing, at any time without prior notice. We cannot guarantee discounted pricing for every route, travel date, or service.

By verifying your student status and/or using the Portal, you consent to the collection, use, and sharing of personal information for verification and service delivery purposes as described in the Privacy Policy. Third-party verification services may be used. For questions related to personal data, contact [email protected].

Support questions for the Student Portal should be directed to customer support.

43. PACKAGES TERMS & CONDITIONS

Flights and hotels booked as part of a package are separate transactions. If your flight is changed or canceled, it is your responsibility to manage any required changes or cancellations to your hotel booking. Hotel change and cancellation policies are determined by the third-party provider and may include fees.

All hotel bookings are provided by third-party suppliers. We do not own or operate any of the hotels listed in our packages.

The price indicated on your search page is inclusive of taxes and fees, but the final price may vary depending on room type selection. Charges may be processed in stages, including payment at booking, partial payment with the balance later, or full payment at the property.

Amounts due at the property are estimates based on exchange rates at the time of booking and may vary at the time of travel. Property fees provided by suppliers are included in the displayed total price, but properties may change their fees without notifying us. We do not guarantee the accuracy of such information and are not liable for discrepancies or additional fees charged by the property. Your card issuer may charge a foreign transaction fee in some cases.

Package discounts vary by property, package, and date. Special offers are subject to change or withdrawal at any time. Standard booking and cancellation policies apply to all reservations. Most tickets are non-refundable, non-transferable, and non-assignable. Name changes are not permitted. Optional services such as seats and bags may be available for an additional fee.

To ensure that a hotel is not purchased without a flight, we will only process the hotel booking after the flight purchase has been successfully confirmed and the ticket has been issued.

Hotel availability is subject to supplier rules and can change rapidly. If we are unable to secure the hotel booking, we will notify you at the email address associated with your booking and all charges related to the hotel portion will be refunded in full. Any flight discounts applied at the time of purchase will still be honored.

Assistance related to package bookings, including modifications, cancellations, and special requests, will be handled by customer support. By booking a package, you acknowledge and agree to these terms.