Terms of Service
Terms of Service
LAST UPDATED: October 13, 2019
Welcome to the SWATUP.com website and its related mobile app (together, the “Website”)!
Have a question?
The SWAT Community Experience team is here to help! Our FAQs offer lots of information for both Student Travelers and Parents! If we weren’t able to answer your question via our FAQs, we can be reached at firstname.lastname@example.org, or phone Monday through Friday.
ACCEPTANCE OF TERMS OF SERVICE
This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our”, refer to JusTours, Inc., dba SWAT, a Delaware corporation, and its subsidiaries and corporate affiliates, (collectively, “JusTours”). The term “You” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Service” or “Agreement”). Please read these Terms of Service carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. By using this Website, You warrant that You are at least 18 years old and have the legal authority to enter into legally binding agreements. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Service then in force shall apply. The Terms of Service form a binding contract between You and JusTours, Inc. (“JusTours”). If you do not agree to the Terms of Service, please do not use or book any reservations through this Website or our call center agents. JusTours may change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Website or other service. Your continued use or accessing of the Website or other service following the posting of any changes to the Terms constitutes Your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.You agree to be bound by any future updates to the Terms of Service, subject to the terms held within these Terms of Service.
There are additional important terms in the Acknowledgment of Risk & Release that You should also be aware of and are bound to, so check them out.
WHAT THIS MEANS:
If You use the Website, these Terms of Service apply to You and You agree to be bound by the Terms of Service.
The Website facilitates the booking of reservations for: air, water, rail and ground transportation; hotel and other accommodations (i.e., camping); restaurants; other food and beverage packages; tours; tickets to live entertainment events and festivals; sightseeing excursions; and, other services and activities (the “Services”) provided by various third-party suppliers (the “Suppliers”).
RISKS & RELEASES
ACKNOWLEDGMENT OF RISK & RELEASE
Prior to Your use of any Services, You must agree to JusTours’s Acknowledgment of Risk & Release, which can be found HERE.
TRAVEL RISKS AND RELEASES
JusTours has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which You may travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You specifically acknowledge and recognize the potential for injury and death which can result from Your or other participants’ use of any combination of the following: alcohol and/or the possession and/or improper use of legal and/or use of illegal drugs. You also realize and acknowledge that risk and dangers may (i) be caused by the negligence of other participants, third parties and Suppliers, and (ii) arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that all those aforementioned risks, dangers, and hazards may increase during Your engagement in any recreational activities which may take place during Your trip.
WHAT THIS MEANS:
By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of things JusTours has no control over.
RELEASE OF SUPPLIER CLAIMS
JusTours is not responsible for the negligent or willful acts or omissions of the suppliers or their failure to perform or adhere to their own schedules or promises.
JusTours assumes no responsibility for, and You agree JusTours shall not be liable for, any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity, included but not limited toy: (1) any defaults, wrongful, intentional or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful, intentional or negligent acts or omissions on the part of any other party not under JusTours’ direct control. Under no circumstance will JusTours be liable for any consequential, indirect, reliance, or punitive damages (including lost profits or savings) for any cause of action against a supplier, whether in contract tort, or otherwise, even if JusTours was or should have been aware of the possibility of these damages. By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of any problem covered in this paragraph.
WHAT THIS MEANS:
JusTours works with Suppliers and is not responsible for the acts of those Suppliers.
You acknowledge and understand that: (1) airlines can increase their prices at any time before tickets are issued and that JusTours has no control over issuance of tickets; (2) airlines, cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions; and, (3) You may be bound by those contracts regardless of whether You receive notice of their terms. In the unlikely event that any part of the Services becomes unavailable prior to departure or during the course of the trip, JusTours and/or Suppliers reserves the right to modify, replace or cancel such service, and You agree to hold JusTours harmless from any and all claims, loss or damage resulting therefrom.
WHAT THIS MEANS:
You are purchasing Services from a Supplier and are bound by the Suppliers’ terms. JusTours is not responsible for any changes the Supplier may make to Your Service.
THIRD-PARTY CREDIT CARD PROCESSING
JusTours uses a third-party company for the processing of any debit or credit card transactions. You acknowledge and agree that You are bound by any terms and conditions set forth by the card processing vendor. Further, You release JusTours from all liability for any damages caused by the card processing vendor.
THIRD PARTY LIABILITY
JusTours is not responsible for claims made by Suppliers, third parties, reps, ambassadors, promoters, travel agents, resellers or affiliates about the travel services provided. You are responsible for reading the content of this website for information pertaining to travel services provided by JusTours.
WHAT THIS MEANS:
JusTours is not responsible for statements made by ambassadors, representatives, campus directors, or vendors.
Participants who jeopardize the safety or welfare of themselves or others will be removed from the Services/Activity at their own expense and will not receive any refund. JusTours shall not assume responsibility for any claims, losses, damages, cost or expenses arising out of injury, accident or death, damage, loss, stolen or delay of baggage or other personal property, or arrest and/or incarceration, or delay inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether mental or physical. Further, JusTours assumes no responsibility for any claims, losses, damages, costs, or expenses arising out of injury, accident, death, damages, loss, stolen baggage or personal property, or loss of enjoyment, upset, disappointment, distress or frustration caused by other travellers or members of Your group.
WHAT THIS MEANS:
You are expected and required to conduct Yourself as a responsible adult.
PRICING & PAYMENT
The price of travel services will be as quoted on the website, except in cases of obvious error. Despite JusTours’s best efforts, some of the travel services listed on the website may be incorrectly priced. JusTours expressly reserves the right to correct any pricing errors on the JusTours website and/or on pending reservations made under an incorrect price. In such event, if available, JusTours will offer you the opportunity to keep your pending reservation at the correct price or JusTours will cancel your reservation without penalty. JusTours is under no obligation to facilitate reservation bookings for travel services at an incorrect (lower) price, even after You have received confirmation of Your booking.
WHAT THIS MEANS:
If You purchase a Service at an incorrect price, JusTours reserves the right to correct the pricing, but in this event You may cancel in writing HERE and receive a refund.
For certain international travel packages and festivals, tax rates and foreign exchange rates could change in the time between booking and stay. Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. If You have any questions about these fees or any exchange rate applied to Your booking, please contact Your bank.
WHAT THIS MEANS:
The amount listed on Your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website.
Promo codes are for individual use only, unless otherwise specified. JusTours reserves the right to adjust any package pricing affected by a promo code at any time, including for error caused by JusTours.
WHAT THIS MEANS:
If JusTours give You a promo code, it is for You only (unless otherwise specified by JusTours).
PREPAID HOTEL SELECTIONS
You acknowledge that JusTours pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that JusTours provides you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by JusTours and the facilitation fee retained by JusTours for their services. You authorize JusTours to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on JusTours’s’ services. You agree that your credit card will be charged by JusTours for the total reservation price. Upon submitting your reservation request you authorize JusTours to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
If You elect to purchase any Services using the Affirm Financing option, such purchase is made subject to the Affirm’s Terms and Conditions, which can be found HERE. If there is a conflict between these Terms of Service and an alternative payment method terms and conditions, the Affirm payment method terms and conditions govern.
DEPOSIT & EXPIRING DEPOSIT
JusTours may offer You the option to place a deposit and/or a Deposit Payment Plan, which only gives You the ability to purchase Services at certain pricing (“Deposit Pricing”), subject to availability. Deposits lock Your pricing in for an indefinite period of time and do not reserve any inventory on Your behalf. Deposits are subject to expiration at JusTours’s sole discretion.
Deposit Pricing may be subject to certain restrictions, including requiring You to purchase the Services he/she deposited prior to a certain date (the “Expiring Deposit”). If You fail to purchase any Services by Expiring Deposit date, Deposit Pricing may no longer be available to You.
Deposit policy, including restrictions on such deposits (i.e., Expiring Deposit) will be disclosed at the time of purchase of Services and on the individual event webpage(s).
WHAT THIS MEANS:
Your Deposit does not reserve any travel packages, accommodations, flights, festival tickets, shuttle passes, or add-ons on Your behalf. Your Deposit only reserves pricing for an indefinite period of time.
JusTours’s Payment Plan option (the “Payment Plan Option”) allows You to purchase certain Services and pay the total amount due (the “Balance”) through payment plan payments (“Payment Plan Payments”) over a specified amount of time.
Further, by selecting the Payment Plan Option You agree to and acknowledge the following:
I authorize JusTours, its authorized representatives and service providers, to initiate electronic charges from the account I designated at the time of purchase to make the Payment Plan Payments due under the Payment Plan Option on the dates designated by the Plan You selected.
One missed payment may result in cancellation of the Services to be provided. Upon a missed payment the Balance may be due immediately and Services will be subject to cancellation for non-payment.
If an electronic charge for a Payment Plan Payments is declined, You allow JusTous to resubmit the charge no more than five (5) times. If the electronic charge is declined after being resubmitted as permitted by this provision, JusTours may charge You late charges and costs of collection up to the maximum amount allowed by law. You must provide JusTours with updated information if the number changes on Your designated account or the account expires, and You authorize JusTours to charge updated card information that JusTours may obtain from other sources.
WHAT THIS MEANS:
If You agree to a payment plan, You are responsible for all payments within that payment plan. Missing one payment may result in cancellation. If You get a new card, You need to update that information in Your account.
Hotels and/or other accommodations selected by You are subject to change by JusTours until Your account is paid in full, the room is finalized with roommates, and the hotel confirms Your reservation. Flights selected by You are subject to change by JusTours until Your account is paid in full and Your flight is ticketed by the airline.
Final hotel and flight information will appear on the travel itinerary that will be emailed and/or SMS text message to You and posted on Your “My Account” page prior to departure. For Your safety and comfort, and to prevent roommates or affiliated groups from being separated due to one or more Participants’ late or non-payment, JusTours reserves the right to provide alternate, equivalent accommodations for You and Your roommates and/or affiliated group if payments are not received on time.
HOTEL ROOM FINALIZATION
You are responsible for coordinating with other Participants for Your indicated occupancy. For example, if a Participant signs up for a quad occupancy package (four people per room) and one of the three other indicated roommates does not sign up, removes him/herself from the room or cancels, the remaining three Participants will be required to re-finalize the rooming and all remaining Participants will be charged the difference in price between the actual occupancy (triple) and the intended or paid-for occupancy (quad).
If Your Travel Package (“Travel Package” is defined herein as any purchase which consists of shared accommodations and/or a combination of at least 2 of the following items: airfare, other transportation (bus, limo, charter, boat, train, etc.), entertainment tickets/vouchers, food and/or drink packages, staffing and other services)) includes shared hotel accommodations, it is Your responsibility to select and finalize Your roommates prior to any deadline disclosed to You by JusTours. If You fail to select and finalize Your roommates prior to such deadline, Your hotel accommodations are subject to cancellation without refund, or subject to change, including but not limited to change in rooming type and hotel. If Your hotel accommodations are changed due to Your failure to timely select and finalise roommates, this may result in cancellation without refund. You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change.
WHAT THIS MEANS:
Until You and Your rooming party have paid in full and finalized Your room by selecting Your roommates, Your trip is subject to cancellation or alteration by JusTours. You are solely responsible for finding Your roommates and entering that information into the JusTours website.
If Your Travel Package includes air transportation, it is Your responsibility to select and finalize Your flight itinerary prior to any deadline disclosed to You by JusTours. If You fail to select and finalize Your flight itinerary prior to such deadline, JusTours may (1) select Your flight itinerary for You, (2) cancel Your Services without refund, or (3) subject to a change in flight itinerary, including but not limited to departure city and dates. If Your flight itinerary is changed due to Your failure to timely select a flight itinerary, You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change.
PACKAGE CHANGE POLICY
Any hotel substitution may be subject to availability and a change fee of up to $250 per person plus any additional charges imposed by the canceling hotel and any increase in rate charged by the new hotel. All change requests must be made in writing HERE. Prior to any change in hotel being made, the entire balance for the purchase must be paid in full together with the change fee and the other third-party charges.
Deposit and/or any payment(s) for airfare that is not bundled with hotel accommodations is non-refundable.
TRAVEL DATE CHANGE
Any travel date change must be made in writing HERE and is subject to availability and a change fee of up to $250.00 per person plus any third-party rate increase due to the change. Prior to any change to the travel date being made, the entire balance for the purchase must be paid in full together with the change fee and the other third-party charges.
SUBSTITUTED PARTICIPANT PROVISIONS
Subject to third-party carrier/service provider restrictions, You may transfer Your airline reservation at any time prior to 35 days before the scheduled departure date and Your hotel reservation at any time prior to 35 days before the scheduled arrival date if You and the substituted participant submit a completed substituted participant form (“Substitute Participant Form”).
For airline and hotel reservation transfers, a transfer fee may apply, as well as additional third-party fees. Any substituted participant may be assessed a transfer fee up to $250 plus any amounts owed to third parties. If additional third-party fees will apply, JusTours will provide You the opportunity to cancel the transfer request without incurring any transfer fees. The Substitute Participant Form must be submitted to JusTours in writing at email@example.com.
We must verify and accept in writing the Substituted Participant Form in order for it to be valid. Typical accepted acknowledgment is an email from the suffix swatup.co. If within 14 days of Your submission of the completed Substituted Participant Form You do not receive an email from the suffix swatup.co accepting Your Substituted Participant Form, You must contact JusTours at firstname.lastname@example.org. No substitutions will be made without JusTours having issued a written confirmation of substitution. JusTours IS NOT RESPONSIBLE FOR LATE OR LOST COMMUNICATIONS.
The Substituted Participant Form requires You to authorize JusTours to release information relating to the Services purchased by You. Further, the substituted participant agrees (1) to pay for the balance, if any, of the remaining charges and (2) agree to JusTours’s Terms of Service as if the substituted participant had originally made the reservation. It is Your sole responsibility to handle all exchange of payment/reimbursement for transferring the trip to the substitute participant. No substituted participants will be allowed except as stated in this section. THERE ARE NO MEDICAL OR OTHER EXCEPTIONS TO THIS POLICY. NO SUBSTITUTIONS WILL BE ISSUED IN RESPONSE TO VERBAL REQUESTS.
A Substitute Participant is subject to the same restrictions as You, including the cancellation, refund, and change fee policy, and may be subject to additional third-party carrier/service provider restrictions placed on transferred airline reservations.
WHAT THIS MEANS:
You can transfer Your Services to someone else as long as You fill out the form, JusTours receives the form at least 35 days before Your intended arrival, and You pay any remaining balance. The new owner is also subject to these Terms of Service and must pay any transfer fees assessed. You are solely responsible for getting any payment for Your trip from the substitute participant.
CANCELLATION & REFUND POLICY
No refunds or changes are allowed unless expressly provided for in the JusTours Terms of Service, set out in a separate written agreement between You and us, or approved by JusTours in writing.
The “Initial Charge” (the first time JusTours collects any form of monies, either Deposit or Payment) to reserve any Goods or Services is refundable for the first 30 (THIRTY) DAYS directly following Your purchase as long as the request to cancel Your purchase is made in writing HERE. ALL CHARGES AFTER THE FIRST “INITIAL CHARGE” ARE NON-REFUNDABLE. NO REFUNDS/CHANGES WILL BE ALLOWED WITHIN 90 DAYS OF THE START OF THE EVENT.
To cancel Your purchase, please reach out to email@example.com using the email from Your JusTours’s account with the following information and JusTours will reply with the appropriate options:
Order or Reservation Number (*You may find Your order number in Your confirmation email or within Your SWAT account at the end of Your order’s URL);
Identify Your requested changes
Reason for cancellation/change
All requests for refunds or changes must be sent to JusTours in writing at firstname.lastname@example.org. All requested changes will be dated based on the time they were received by JusTours via email. Cancellation requests submitted via telephone, text messaging, webchat, or through a proxy (someone other than You) will not be accepted. If You have timely submitted a request to cancel or change Your reservation and not received a written acknowledgment from JusTours within 14 days after sending Your request, You must contact JusTours at email@example.com so that You can obtain a written confirmation of Your request for a refund or change. No refunds or changes will be made without JusTours having issued You a written confirmation. JusTours IS NOT RESPONSIBLE FOR LATE, LOST, OR COMMUNICATIONS WHICH ARE NOT RECEIVED. To ensure Your email account receives JusTours’s correspondence, JusTours strongly recommends adding the JusTours email to Your contacts book so as to prevent emails from being marked as spam.
Suppliers operating the Activities may, at their sole discretion, refuse service to anyone for any reason. No refunds will be given for persons who are refused service.
Any refund is subject to offset of any amounts paid or owed to third parties (i.e., amounts which JusTours is not entitled to a recover or which must be paid notwithstanding the cancellation).
If You cancel Your package at any point, You forfeit any current payments and no additional payments are owed.
There will be no refunds if You fail to show up for any aspect of Your booking for any reason, including (1) a medical emergency and/or bereavement; (2) untimely cancellation requests; (3) early departure from the tour; (4) claims of unused or unsatisfactory transportation, (5) claims of unused or unsatisfactory accommodations; (6) denied access to hotel accommodations because You fail to meet the minimum age requirement for check-in; (7) denied Services because You failed to provide full and/or accurate personal information to JusTours, such as passport information; (8) changes in safety conditions or hazards, including but not limited to a U.S. Department of State travel advisory warning for the location of the Event; and/or (9) other unsatisfactory third-party Services.
*Any changes may be assessed a fee of $250 plus any amounts paid or owed to third parties (i.e., amounts which JusTours is not entitled to a recover or which must be paid notwithstanding the cancellation). If JusTours is charged a fee by Suppliers for making a change, or if JusTours’s Suppliers limit or prohibit changes, those fees or restrictions will be passed on to You even if JusTours’s written terms allow for a more favorable change policy.
As Supplier policies change and in some cases are not entirely clear, and as JusTours’ list of Suppliers changes constantly, it is not feasible to update the policies detailed below each time a Supplier changes its terms or JusTours adds new Suppliers. If You have any questions regarding Your particular purchase, please contact JusTours at firstname.lastname@example.org before You buy so that JusTours can provide You precise refund and change fee information regarding Your proposed purchase.
WHAT THIS MEANS:
You have 30 (THIRTY) days from the first time You pay JusTours to cancel and receive a full refund. EVERY TIME JUSTOURS COLLECTS YOUR MONEY THEREAFTER IT IS NON-REFUNDABLE. You MUST cancel via email and no other forms of communication will be accepted. NO REFUNDS/CHANGES WILL BE ALLOWED WITHIN 90 DAYS OF THE START OF THE EVENT.
WHAT THE JUSTOURS CANCELLATION POLICY MEANS: For travel packages, hotel accommodations, and festival tickets, You are only entitled to a refund for the FIRST time JusTours collects any form of monies from You as long as You cancel in WRITING within 30 (THIRTY) DAYS of the first collection of monies. ANY PAYMENTS AFTER THE FIRST “INITIAL CHARGE” ARE NON-REFUNDABLE. NO REFUNDS/CHANGES WILL BE ALLOWED WITHIN 90 DAYS OF THE START OF THE EVENT.
JUSTOURS PRIVATE EVENTS
JusTours facilitates the booking of reservations for customized events for all types and sizes of groups, such as collegiate groups, greek fraternal groups, company outings, religious retreats and sports teams. Unless otherwise provided in the customized materials for such event, all refunds and additional charges will be governed by the following terms:
All requests for refunds, cancellations and changes must be made in writing to the JusTours Operations Event Coordinator by the event group leader. An individual participant cannot seek a refund or request a change. Only refunds and changes approved in writing by the event group leader and JusTours will be valid. JusTours may need to seek approval from Suppliers prior to approving any request for a refund or change. Additional charges may be required in order to make requested changes. The event group leader will be required to approve any such additional charges in writing, and once so approved, such charges must be paid prior to the change being made. All refunds will be determined on a case-by-case basis based on contract deadlines. To the extent that a refund is approved, a minimum of 10% will be withheld as a processing fee and penalty for cancellation. Additional amounts may be withheld based on obligations made to Suppliers, and it can take up to 90 days (sometimes longer) after the scheduled event for the refund to be processed.
WHAT THIS MEANS:
All private event refunds must come from the event group leader in writing. Individuals cannot request refunds and must go through their social chair and are subject to vendor fees. Refunds may take up to 90 (NINETY) days after the event to be processed and are on a case-by-case basis.
JusTours may collect personal information from You when You access the Website through Facebook® , create an account on the Website, contact JusTours by phone, contact JusTours with a question or concern, or participate in a contest, promotion, or survey. In addition, when You contact JusTours through the Website or via Facebook, JusTours may collect Your Internet Protocol (IP) address, Your operating system type, Your browser type, and Your activity on the JusTours Website, etc. JusTours may maintain a record of Your product interests and the purchases You make. JusTours may combine all of this information with information about You that JusTours acquires from JusTours’s joint marketing partners, from unrelated third parties, and from any of JusTours’s related brands.
REQUIRED INFORMATION DISCLOSURES
You must provide JusTours legally verifiable information issued by state and/or federal governmental authorities (e.g., driver’s license or passport information). Failure to provide the required information by the deadline set on a per Event basis will result in You not being able to participate. No refunds will be issued due to Your failure to timely provide such information.
Further, Prior to purchasing a Service, You are required to create a user account at www.swatup.co. It is Your responsibility to provide JusTours the correct personal information, including email address and telephone number. JusTours may communicate important information regarding Your account and/or Your Services using the personal information You provide to JusTours under “My Account.” By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of any problem or failure to receive a communication from JusTours to You due to Your failure to properly provide accurate and/or up-to-date personal information.
WHAT THIS MEANS:
You must provide JusTours Your necessary travel documentation and fill out Your account information correctly.
If You establish a personal account with JusTours, You agree to provide true and accurate data about Yourself. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead JusTours as to any other content. As access to Your account will be available through Facebook®, You are solely responsible for maintaining the confidentiality of Your Facebook password and account. You agree to immediately notify JusTours of any unauthorized use of Your Facebook account or any other breach of security. JusTours may terminate Your account and access to the JusTours’s website and Services if JusTours learns that You have provided JusTours with false or misleading data.
USE OF INFORMATION
You agree JusTours may use Your personal information to:
- process and complete Your purchase transactions and provide the services You request
- send You other offerings, including promotional offerings, by email, telephone calls, mobile SMS text messages, or otherwise
- contact You about the status of Your orders, to notify You of changes or provide other information concerning Your order
- identify Your travel and service preferences, so that You can be informed of new or additional products, services, and promotions that might be of interest to You
- improve JusTours’s offerings, customer service, the Website, and overall customer experience
- for third-party advertising (as an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer’s personal information collected by JusTours)
- during a trip, Your physical location (derived from Your mobile device) and first name, last initial may disclose to third parties (e.g., other travelers, third party vendors) if You opt into JusTours’s Map feature
ACTIVITIES & SERVICES
Important information and instructions regarding the purchase of Services will be sent to You via email and/or SMS text message. If You do not receive an email and/or SMS text message within 12 hours of purchase of Services, it is Your responsibility to contact JusTours at email@example.com to ensure the purchase of Services was completed and obtain important information and instructions relating to the Services purchased.
It is Your responsibility to follow instructions received. You understand and agree JusTours’s Services typically involve restrictions and changing any aspect of Your Service, if permitted by the Supplier, may result in the payment of additional money.
SHARING OF INFORMATION
Intra-Company: JusTours shares all information with its wholly owned subsidiaries. Agents: JusTours employs other companies and people to perform tasks on JusTours’s behalf and needs to share Your information with them to provide products or services to You, such as credit card processors. Unless JusTours tells You differently, JusTours’s agents do not have any right to use personal information JusTours shares with them beyond what is necessary to assist JusTours.
Third-Party Offers: JusTours provides information (for example, postal addresses, email addresses and telephone numbers) to certain outside companies and marketing partners so they can let You know about products or services that might be of interest to You. If You do not wish to receive these offers, please send an email with Your request to firstname.lastname@example.org.
Legal Disclosures: If JusTours is required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, in response to law enforcement inquiry or in compliance with applicable laws, JusTours will make such disclosure. JusTours also reserves the right to share information with legal authorities and other companies for purposes of fraud protection.
Business Transfer: In the event, the ownership of all or a part of the JusTours business was to change, customer information would likely be transferred to, or licensed for use by, the new owner.
EMERGENCY CONTACT/DESIGNATION FOR RELEASE OF INFORMATION
You are expected and required to provide emergency contact information within Your JusTours account after making any purchase. By providing this information, You agree JusTours may release information to the emergency contact, including but not limited to: Your flight, hotel and other travel details; Your payment method and processes; and/or medical information. You also agree that You request and authorize Your emergency contact to make medical decisions on Your behalf should You be of unsound mind or body while utilizing JusTours’s services.
WHAT THIS MEANS:
You need to provide JusTours an emergency contact for any purchase. This authorizes JusTours to give out Your trip information and allows Your emergency contact to make medical decisions on Your behalf.
JusTours uses third-party advertising companies to serve JusTours’s ads across the Internet and sometimes on JusTours’ Website. These companies collect anonymous (i.e., non-personally identifiable) information about Your visits to the Website and Your interaction with JusTours’s products and services in order to serve more relevant ads. These targeted advertisements may appear on the Website or on other websites that You visit. The anonymous information is collected through the use of pixel tags, cookies, or other techniques.
JusTours works with third-party companies that use tracking technologies (including cookies and pixel tags) on JusTours’s Website in order to provide tailored advertisements on JusTours’s behalf and on behalf of other advertisers across the Internet. These companies may collect information about Your activity on JusTours’s sites and Your interaction with JusTours’s advertising and other communications and use this information to determine which ads You see on third-party websites and applications.
SECURITY OF PERSONAL INFORMATION
JusTours endeavors to protect Your information to ensure that it is kept private; However, JusTours cannot guarantee the security of user account information. Anyone that has access to Your Facebook® account will be able to access Your account with JusTours. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. You agree not to hold JusTours accountable for any such breach.
SOCIAL MEDIA SITES
When You visit www.swatup.co or send emails to JusTours, You are communicating with JusTours electronically. JusTours will communicate with You by e-mail, text message or by notices posted on this website. You agree that all agreements, notices, disclosures and other communications that JusTours provides You electronically satisfy any legal requirement that such communications be in writing.
JusTours respects Your mobile device use and specifically whether You want JusTours to send informational, telemarketing and promotional text messages to Your mobile device. To this end, please read the following to learn more about JusTours’s Mobile Terms of Service.
If You provide JusTours Your mobile number when You create an account on www.swatup.co website (the “Website”), add mobile number to Your account on Website at any point and/or access the Website through Facebook®, You agree that JusTours may communicate with You by SMS, MMS, or other electronic means to Your mobile device for informational and/or promotional services and that certain information about Your usage may be communicated to JusTours. Reply “STOP” to any SMS message to end all messages. Reply “HELP” to any SMS message to receive help. Data obtained from You in connection with this SMS service may include Your mobile phone number, Your carrier’s name and the date, time and content of Your messages. JusTours may use this information to contact You and to provide the Services You request from JusTours and for other business purposes.
WHAT THIS MEANS:
JusTours sends You instructions after You make a purchase and You need to follow the instructions. If You provide JusTours Your mobile number JusTours may contact You on that number and use that information. You can stop JusTours from contacting You on Your mobile by contacting JusTours.
It is a condition of Your use of the website or other Services provided that You do not:
Interfere with any other user from using and enjoying the website or other Services; Collect information about other users or third parties via the website or other Services or use any such information; Engage in the systematic retrieval of data or other content from the website or other Services; or Attempt to gain unauthorized access to other computer systems or networks connected to the website.
Additionally, You agree that You will not use the website or other Services to upload, post, or otherwise distribute or facilitate distribution of any material that: Is libelous, defamatory or slanderous; Is sexually suggestive/explicit; Is discriminatory to protected classes; Does or may threaten, abuse, harass, or invade the privacy of any third party; Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights; Encourages conduct that would constitute a criminal offense or give rise to civil liability; Impersonates any person or entity, including any employee or representative of JusTours; or Violates any applicable law or these Terms.
WHAT THIS MEANS:
You cannot interfere with other people on the JusTours website and You cannot post or distribute improper information on the JusTours website.
The third-party websites linked to or from this website are not controlled by JusTours. Accordingly, JusTours makes no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by your use of or reliance on such websites. Your use of third-party web sites is at your own risk. The inclusion on the site or other service of a link to a third-party web site does not imply an endorsement by JusTours. When you access any of these third-party sites, your rights and obligations will be governed by the agreements and policies relating to the use of those sites.
AGE LIMITATIONS/CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
The Website is not designed or intended for use by children under 18.If You are under 18, You should use the Website only with involvement of a parent or guardian. If You are under 18 and use the Website without parental or guardian consent, JusTours may cancel Your reservation or purchase without liability (refunds will be made only to the extent that third party providers refund JusTours). JusTours will have no liability if You are denied access to any activity or event if You are under age for such event.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits JusTours’s customers who are California residents to request certain information regarding JusTours’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to JusTours at the following address: JusTours, Inc. – California Privacy Rights Legal Department, 2470 Paseo Verde Pkwy, Suite 140, Henderson, NV 89074
WHAT THIS MEANS:
JusTours collects information regarding Your use of the website and may use it to better Your experience.
LICENSES & COPYRIGHTS
JusTours has the exclusive right to include appropriate (no nudity or drug use allowed) photographic, video and other visual portrayals of You in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to You, and all rights, title and interest therein (including all worldwide copyrights therein) shall be JusTours’ sole property, free from any claims by You or any person deriving any rights or interest from You.
WHAT THIS MEANS:
If You use JusTours’s Services, then JusTours can use Your image in materials.
GRANT OF LIMITED LICENSE
If You post any content to the Website, You hereby grant JusTours and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that You own such content or otherwise have sufficient rights in the content to grant to JusTours the foregoing license without infringing or violating the rights of any third party.
WHAT THIS MEANS:
If You post content on the JusTours website, JusTours may use it and You represent You have the rights to that content.
JusTours respects the intellectual property of others, and JusTours asks its users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. JusTours, pursuant to the Act, reserves the right, but not the obligation, to terminate Your license to use the website if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if You believe that any such third party materials infringe Your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow JusTours to locate the material on the website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send JusTours a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the website should be sent to: JusTours, Inc., DMCA Takedown Notice Process, Attn: Legal Department, JusTours, Inc. – California Privacy Rights Legal Department, 2470 Paseo Verde Pkwy, Suite 140, Henderson, NV 89074. JusTours suggests that You consult Your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
RESTRICTIONS ON USE
JusTours owns all right, title and interest in and to the website and all materials and content contained in the website, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the website solely for personal use. Any other use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of JusTours is strictly prohibited. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy JusTours’s web pages or the content contained therein without prior written permission of an authorized officer of JusTours.
You represent that You have adequate primary medical insurance to cover any injury or damage to Yourself while participating in any Services or activity purchased through us, and if Your insurance is not sufficient to cover such costs, You agree to pay all costs of rescue and/or medical services as may be incurred on Your behalf. You understand that JusTours relies upon those representations in making events, activities, and Services available to You. You understand that Your participation in certain events and activities may invalidate any insurance coverage You may have. You further represent that You have no medical or physical condition that could interfere with Your safety or health while engaged in any of JusTours’s Services. You request and give Your permission to JusTours that You may be admitted to any hospital or medical facility for diagnosis and treatment. You request and authorize physicians, dentists, staff and nurses to perform any diagnostic procedures, treatment procedures, operative procedures, and x-ray treatment reasonably required or appropriate. Nevertheless, JusTours will not be responsible (i) for finding You medical assistance, (ii) if You do not receive medical assistance, or (iii) if the medical assistance You receive is insufficient, inadequate, negligent or otherwise fails to treat Your condition or makes it worse.
We recommend that You purchase trip cancellation insurance, which is not included with Your travel package but may be purchased separately from a third-party. In the event of strikes, labor disputes, fires, riots, wars, rebellions, acts of terrorism, weather, acts of God or other circumstances beyond JusTours’ control (“Uncontrolled Acts”) which causes JusTours to cancel the trip, JusTours will use commercially reasonable efforts to obtain refunds from Suppliers and apply Supplier refunds to Your account, and JusTours shall be relieved of all obligations and liability to You for the cancellation of the trip. Please note refunds may not be available in all cases and JusTours is not liable for loss resulting from Acts outside of JusTours’s control.
WHAT THIS MEANS: YOU REPRESENT TO JUSTOURS YOU PERSONALLY HAVE ADEQUATE INSURANCE. JUSTOURS IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND JUSTOURS’S CONTROL.
DISCLAIMER OF WARRANTIES
While JusTours uses reasonable efforts to include up to date information on the website, JusTours makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
JusTours provides the website and other services on an “as is” and “as available” basis. JusTours, its affiliates, agents and licensors (collectively, the “JusTours parties”) disclaim all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, JusTours does not warrant that the website or any other service will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet your requirements; or (4) operate in the configuration or with the hardware or software you use. Your use of the site and service is solely at your risk.
EXCLUSION OF DAMAGES
None of the JusTours’ parties will be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from your purchase of events, activities or services from JusTours, or your use of or inability to use the website or other services. None of the JusTours parties shall be liable for any supplier claims as provided in the terms of service. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if JusTours has been advised of the possibility of such damage. This waiver applies to any damages or injury, whether arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, unauthorized access to, alteration of, use of any record or otherwise. You specifically acknowledge and agree that each of the JusTours parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the website. Without limiting the foregoing, JusTours will not be liable for any loss or damage arising out of (1) your failure to comply with paragraph 3 (registration, accounts and passwords) or (2) content posted to the website by you or any third party.
LIMITATION OF LIABILITY
In no event will the JusTours parties’ aggregate liability to you in connection with the website and other services or these terms exceed the amount (if any) paid by you to JusTours in the six months immediately preceding the event which gave rise to the liability.
If there is any dispute or disagreement regarding (i) Your use of or interaction with the website or other Services, (ii) any purchases or other transactions or relationships with JusTours, or (iii) any data or information You may provide to JusTours or that JusTours may gather in connection with such use, interaction or transaction (collectively, “JusTours Transactions or Relationships”), neither party will have the right to pursue a claim in court, or have a jury decide the claim, and You will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the website or other Services, or engaging in any other JusTours Transactions or Relationships with us, You agree to binding arbitration as provided below.
All disputes shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. You further agree that:
(a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and JusTours (the “Arbitrator”);
(b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Paragraph 18 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
(c) the Arbitration shall be held in Las Vegas, Nevada.
(d) the Arbitrator (i) shall apply internal laws of the State of Nevada consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Nevada or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; and
(f) JusTours may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after JusTours has given notice of such modifications and only on a prospective basis for claims arising from JusTours Transactions and Relationships occurring after the effective date of such notification. Notice shall be deemed provided once the change has been posted on this website.
WHAT THIS MEANS:
If You and JusTours have a dispute, the Parties do not go to court; instead, You will go to arbitration in Las Vegas, NV.
In its sole and absolute discretion, with or without notice to You, JusTours may suspend or terminate Your use of and access to the website or other Services, terminate Your account and/or remove and discard anything transmitted by You, or information stored, sent, or received via the website without prior notice and for any reason. You may terminate Your account for any reason by emailing JusTours at email@example.com. JusTours shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the website. Termination, suspension, or cancellation of the website or Your access rights shall not affect any right or relief to which JusTours may be entitled, at law or in equity, and all rights granted to You will automatically terminate and immediately revert to JusTours.
WHAT THIS MEANS:
JusTours can terminate Your use of the website and Services for any reason. You can terminate Your account for any reason by emailing JusTours.
These Terms and the relationship between You and JusTours shall be governed by the laws of the United States and the State of Nevada without regard to its conflict of law provisions. Subject to the arbitration provisions above, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Clark County, Nevada, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by JusTours in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. In case any provision in these Terms of Service shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without JusTours’ prior written consent.
Last Updated: October 13, 2019
JUSTOURS, INC. IS ACCREDITED BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION.
SELLER OF TRAVEL
JusTours, Inc. is a registered Seller of Travel in the following locations: