SPENT Travel Booking Terms and Conditions

The following terms and conditions (our “Travel Booking Terms”) govern the reservation, purchase, and use of all Travel Services (as defined below) offered for sale by Spent. They are incorporated into the Terms and Conditions of Use for (1) our mobile Application and (2) our website, https://www.spentapp.com. Any terms not defined in these Travel Booking Terms have the meaning provided for them in Spent’s Terms and Conditions of Use.

All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Travel Service(s) incorporated in your reservation. By placing a reservation with Spent, you agree to abide by all the Terms and Conditions of the applicable Suppliers, and to be bound by the limitations therein. If a Supplier’s Terms and Conditions are ever in conflict with our Travel Booking Terms, or our Terms and Conditions of Use, Spent’s Terms will control all issues relating to the liabilities and responsibilities of Spent.

Please read these Travel Booking Terms carefully, ask us any questions you have about them, and/or consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Travel Booking Terms before making a booking and have accepted the same by checking the box marked “I ACCEPT”. Without this acceptance, the processing of a booking is not possible.

  1. Definitions.

    1. This agreement and its terms and conditions are herein referred to as our “Travel Booking Terms” or this “Agreement
    2. Spent” and/or “we” or “us” refer to Receiptless Software, Inc. (doing business as “Spent”)
    3. Application” and/or “App” refers to the Spent mobile application
    4. The “Site” is our website. It can be located at https://www.spentapp.com.
    5. Travel Service(s)” and just “Services” encompass: accommodations, including hotel rooms, room sharing, resorts, or other lodgings; ground transportation, including car rentals and rideshare services; travel planning, including consultation and logistics, and any other travel or travel related products offered or sold by Spent.
    6. The term “Trip” is defined as any Travel Service, or package of Travel Services, offered or sold by Spent.
    7. Traveler” is any User of the Spent App or Site who subsequently books a reservation for Travel Services.
    8. Travel Service Supplier (“Suppliers”) are any third-party providers of Travel Services.
  2. Modification of Our Travel Booking Terms.

    Our Travel Booking Terms may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification.  It is therefore essential that you consult and accept our Travel Booking Terms at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with Spent or reviewed our Travel Booking Terms.

  3. Prices and Pricing Errors.

    Only items and fees explicitly advertised as included in the price of a Travel Service will be included as part of Travel Service’s advertised price. We use commercially reasonable endeavors to publish and maintain accurate prices and information for Services. Suppliers provide the price, availability and other information related to these Services. In the event, however, that a Service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or information received from a Supplier, we retain the right to refuse or cancel any Reservation placed for such Service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Reservation is canceled because of incorrect hotel, airline, or car provider information, we will promptly issue a credit to your credit card account in the amount of the charge.

    We expressly reserves the right to correct any advertised pricing errors and/or on pending bookings. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

    Our prices are contractual tariffs.  No claim relating to the price of a Trip will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Travel Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, price of fuel, services and labor sometimes increase the cost of Travel Service arrangements significantly.

  4. Bookings.

    To make a booking with Spent, please use our App, Site, or contact us directly at 833-SPENTAPP (833-7736827).

  5. Payment.

    Full payment is due at time of booking. We accept payment by all Major Credit Cards (Visa, MasterCard, Discover, American Express)

  6. Cancellation, Substitution, and Alteration Policies.

    1. Cancellations, Substitutions, and Alterations attributable to Traveler

      Cancellation, substitution, and/or alteration terms vary by Supplier. Please familiarize yourself with the terms of your Supplier prior to purchase as we cannot be held accountable for your unfamiliarity with those terms.

      a. California and Illinois Residents only: Upon cancellation of the transportation or Travel Services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide a California Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

    2. Cancellations and/or Alterations not attributable to Traveler

      Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), changes and/or cancellations may need to be made to confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value. Spent reserves the right to adjust the Travel Service or change the modes of ground and air travel, change the quality of accommodations or otherwise change the Travel Service without prior notice. We accept no liability for loss of enjoyment as a result of these changes.  Any additional charges incurred arising from the postponement, delay or extension of a Trip due to Force Majeure will be the Traveler’s responsibility. Spent will attempt to provide Traveler advanced notice of any changes to a Trip or Services to the extent commercially possible.

  7. Issuing Travel Documents.

    Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to Spent, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

  8. Travelers with Special Needs or Disabilities.

    If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Suppliers for your Trip ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. Spent make no guarantee as to the ability of any Travel Supplier to meet the special needs of disabled clients.

  9. Insurance.

    Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and payments for both air and Trip costs. Trip cancellation and interruption penalties can be significant. Purchasing Trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed.  It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that Spent is not responsible for any uninsured losses.

  10. Passports, Visas, Reciprocity Fees, and Travel Health Requirements.

    It is Traveler’s sole responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel and paid any required reciprocity fees for their destination. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.

    Most international Trips require a passport valid until at least six (6) months beyond the scheduled return date. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country’s website.

    Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.

    You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.

    Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Spent from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.

    It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.

    WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

  11. Accommodations.

    “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, short term apartment, room or couch shares, motels, and resorts. Spent provides the accommodations for its Trips through third-party Suppliers and retains no ownership or management interest in those Accommodations. Spent does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Supplier. If any issues arise, please contact the owner/operators of the respective Accommodations directly.

    Accommodations and living standards may vary from country to country and region to region. Spent makes no guarantees about Accommodation living standards. Any additional costs, i.e. upgrades etc., will be borne by the Traveler.

  12. Third-Party Websites.

    The Site or Application may contain links to third-party websites, advertisers or travel Services that are not owned or controlled by Spent. By use of those third-party websites, You agree that Spent will not be liable or responsible for the availability or accuracy of such websites, or the content, products, or services available from such websites. Your dealings with such third parties are solely between you and those third parties, and you agree to assume all responsibility, risk, and liability for your interactions with those websites. We strongly encourage you to read the applicable privacy policies and terms of conditions of such websites before utilizing their services as You agree to expressly hold Spent harmless from any and all liability from your use of those third-party websites, advertisers or services.

  13. Marketing Materials and Illustrative Photos.

    Spent endeavors to illustrate the Travel Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Travel Services pictured at the time of a scheduled Trip.

  14. Local Customs, Laws, and Travel Risks.

    Travelers may be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold Spent harmless for any such problems experienced while participating in their Trip.

    Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. Spent does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations.

    BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

  15. Notices.

    Any notices required or permitted hereunder shall be given:

    1. If to Spent, via certified mail, return receipt requested, addressed to: 12 East 49th street
      New York, NY 10017 USA
    2. If to Traveler, at the email or physical address provided by Traveler during the registration process.
    3. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
  16. Seller of Travel Registration Information.

    1. California Registration Info: Spent is registered with the California Department of Justice.  CST#2131870-50. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. This business has a bond.

      This business is a participant in the Travel Consumer Restitution Corporation (TCRC). You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. *Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC.

      A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel.  A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA  94977-6001; or by faxing a request to: 415-927-7698.

    2. Florida Registration No. ST41066
    3. Iowa Registration No. PENDING
    4. Washington Registration No: 604168608
    5. Hawaii Registration No. PENDING
  17. Limitation of Liability.

    IN NO EVENT SHALL SPENT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF SPENT HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL SPENT’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO SPENT UNDER THIS AGREEMENT.

    SPENT OFFERS VARIOUS TRAVEL SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. SPENT RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPENT DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

  18. Disclaimer of Warranties.

    The inclusion or offering of any Travel Services by Spent does not constitute any endorsement or recommendation of such products or services. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY SPENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Certain kinds of information, such as Hotel ratings, should be treated as broad guidelines. Spent does not guarantee the accuracy of this information.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH SPENT. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

  19. Indemnification and Release.

    You hereby release Spent and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Traveler’s participation in a Trip, including but not limited to, any interactions of any kind arising in connection with or as a result of the Agreement or your use of Spent Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

    Traveler hereby also agrees to indemnify, defend and hold harmless Spent from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against Spent regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s booking of Travel Services.

  20. Force Majeure.

    Spent shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Spent’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Spent or deemed by Spent to constitute a danger to the safety and well-being of Travelers. Spent reserves the right to cancel any Services due to Force Majeure.

  21. Compliance.

    If you believe that Spent has not adhered to this Agreement, please contact Spent by emailing us at: support@spentapp.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, please let us know.

  22. Disputes: Mandatory Binding Arbitration, Class Action Waiver.

    These Terms and Conditions and the relationship between you and Spent will be governed by the laws of the State of New York without regard to its conflict of law provisions.

    You and Spent shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Trip, Services sold by us, Spent’ website, any literature or materials concerning Spent, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in New York, New York and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND SPENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

  23. Governing Law, Venue, and Jurisdiction.

    The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. You and Spent agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or any other Dispute related to these Travel Booking Terms not covered by our Binding Arbitration clause. Client and Spent agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in New York, New York, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.

  24. Attorney’s Fees, Costs, and Expenses of Suit.

    If any act of law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement and/or the included Mandatory Binding Arbitration Agreement, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

  25. Assignment.

    Traveler may not assign his rights or obligations hereunder without the prior written consent of Spent.

  26. Cash-back for Travel Services.

    Cash-back will be processed and returned by participating Suppliers as follows:

    1. Cash-back will not be granted until after the check-out process is completed.
    2. Cash-back may be withdrawn from your account even after you have claimed it if you cancel your Booking, modify it directly with Supplier, commit fraud, or otherwise violate our Terms and Conditions of Use or this Agreement.
    3. Cash-back only applies to charges paid to Spent. Any charges paid directly at, or to, a Supplier are not subject to cash-back.
  27. Severability and Survivability.

    If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and Spent agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

    Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

  28. Waiver.

    No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Spent does not guarantee it will take action against all breaches of this Agreement. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.

  29. Consumer Complaints.

    Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at (800) 952-5210.

  30. Entire Agreement.

    This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions or agreements between the parties with respect to such subject matter.

Updated September 12, 2017