TERMS OF SERVICE

The Citrine Compass connects you, the traveler, with local travel experts (“Local Experts”), and/or travel agents and travel companies (“Local Travel Agencies”) to plan your dream trip (our “Services”). Accessing the Citrine Compass’ website (the “Site”) is your agreement to these legal terms. Please therefore read this document along with our Privacy Policy located in its entirety, which is located here, before accessing or using the services on our Site. If you don’t agree with our Privacy Policy or all of the terms listed here (collectively, the “Terms”), you may not access the Site or use our Services.

The terms “we”, “us”, “our” and “elsewhere” refer to elsewhere.

The terms “you” and “your” refer to you the user of the Site.

Please be advised that we reserve the right to make changes to these Terms at any time. We’ll tell you if we make material changes and the newest version of our Terms will always be posted on the Site. These changes will become effective immediately. If you continue to use our Services following any changes, you thereby accept all such changes. If you don’t agree to any such changes, you must immediately stop using the Site and our Services. You are also welcome to contact us with any questions you may have.

Using the Site

The purpose of the Site is to match you with Local Experts and/or Local Travel Agencies to plan your next trip. The Site is for your personal, non-commercial use. When you use the Site in any way, you confirm that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and will only use the Site according to these Terms. You agree to be financially responsible for your use of the Site (as well as the use of the Site by others on your behalf). If you are using the Site to plan a trip on behalf of yourself and others, you are responsible for sharing these Terms with them and you are agreeing to these Terms on behalf of yourself and your whole travel party. You confirm that all information shared with us, by you or members of your travel party, is true and accurate. We have the right at all times to deny you use or access to the Site or Services for any reason.

What We Do

Through the Site, we connect you to Local Experts, who will offer travel advice or prepare an itinerary for your next trip (an “Itinerary”), and/or Local Travel Agencies that will directly book accommodations, flights, transportation, excursions, and any other service related to your next trip (such services from Local Experts and/or Local Travel Agencies are hereinafter collectively referred to as “Travel Services”). If we connect you with a Local Expert, you will be responsible for the cost of such Expert preparing an Itinerary for you, which cost will be charged to you through us. If, on the other hand, we connect you with a Local Travel Agency, and you choose to book and pay for the Travel Services proposed, you will likely need to accept additional Terms and Conditions of the Local Travel Agency along with such Travel Services before submitting payment. You must communicate with Local Experts only through us. You should never pay the Local Expert directly for a Consultation or an Itinerary, and you should promptly notify us if a Local Expert requests payment directly from you.

We do not own or control the Local Travel Agencies or Travel Services

Our Service is designed, in part, to connect you with Local Travel Agencies who will then make a separate agreement with you to provide Travel Services. We do not provide, own or control any of the Local Travel Agencies or Travel Services. The Travel Services, such as hotels, airlines, transportation, etc. are owned, controlled, or made available by third parties (each, a “Supplier”). The Suppliers are responsible for the Travel Services. The Local Travel Agency’s terms apply to your booking and travel so you must agree to and understand those terms. By entering into an agreement with a Local Travel Agency and/or utilizing the Travel Services, you agree that neither us, nor any of our employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond our control. We are not liable for any injury, damage, or loss resulting from the neglect of any Local Travel Agency or Supplier or other person supplying services. We hold ourselves free of responsibility for any damage(s) from any cause(s) whatsoever. We also recommend that you consider purchasing travel protection, where available, to help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip), or to provide you reimbursement for medical emergency costs (including medical evacuation costs), missed connections, and baggage loss. If you choose to travel without adequate coverage, we will not be liable for any losses for which travel protection plan coverage would otherwise have been available.

Additionally, while we offer information and services from Local Experts and/or Local Travel Agencies, our Services are in no way meant to suggest or imply, or in any way communicate that we are affiliated with any such Local Experts or Local Travel Agencies. Our Local Experts and Local Travel Agencies are selected based on representations and statements that they make to us during our rigorous selection process, and while we attempt to ensure the accuracy of such information, we cannot be liable if a Local Expert or Local Travel Agency provides us inaccurate information. Your interaction with any Local Expert and/or Local Travel Agency accessed through us is at your own risk.

User Accounts

As part of our Service, we allow you to create an account and a profile. If you sign up for an account, you agree to the terms, conditions, and limitations associated with them. The features of the account may change from time to time.

You may only use and register an account if you are over the age of 18 and can enter into binding contracts. If you register an account, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for the use of the Site by you, anyone using your password and login information (with or without your permission), and anyone who you allow to access your purchased content. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access the Site), you are solely responsible to promptly change any and all of your personal information that is affected.

We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the services that can be accessed by you through the Site. You may not transfer or assign your account. We reserve the right, in our sole discretion, to refuse to allow you to create an account or log into an existing account, and we may terminate your access to your account and/or all or part of the Site, with or without notice, for any reason or no reason

Deleting your Account

You may delete your account by contacting us. If you would like to request the deletion of your personal data you should read our Privacy Policy located here.

Force Majeure

We shall not be liable at any time, in any way, for loss, injury, or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, hurricanes, volcanic eruptions, delay or default of any person engaged in providing accommodation, hotel closures, or any other cause beyond our control, and we will not be responsible for any refund of any kind. Any refund you may be entitled to from any Local Travel Agency will be the responsibility of such Local Travel Agency. We are not responsible for a Local Travel Agency’s failure to pay a refund or for supplier bankruptcy or insolvency.

Travel Protection Coverage

We strongly encourage you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such a plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections, and baggage loss. If you choose to travel without adequate coverage, we will not be liable for any losses for which travel protection plan coverage would otherwise have been available.

Payment and Fees

We accept payment for our Services by debit or credit card (Visa, MasterCard, Discover, and American Express). We do not charge you a fee for using a credit card, however your bank or card issuer may apply an additional transaction fee. We are not responsible for these or related charges. Any fees charged by the bank, card issuer, or processor are non-refundable.

Cards are accepted subject to security and fraud checks and we reserve the right to reject or cancel any Services at any time should your payment fail any element of these checks before or after confirmation.

Credit Card Chargebacks

You may have the ability to dispute charges for Services rendered with your credit card company (“chargebacks”). Before initiating a chargeback, we ask that you first call us to discuss any questions or concerns about our charges. We will work with you and attempt to resolve your concerns.

We retain the right to dispute any chargeback that is improper and recover any costs, including attorneys’ fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to terminate your Account and/or cancel any Services that have not yet been provided to you. The following chargeback scenarios, without limitation to other improper chargeback scenarios that may arise, are improper and we retain the right to investigate and rebut any such chargeback claims:

Chargebacks resulting from charges authorized by family, friends, associates, or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy concerning the Local Expert’s description of its services or products.
Chargebacks resulting from force majeure events, or other circumstances that are beyond the control of us or the Local Expert.
Chargebacks resulting because you disagree with our cancellation policy.

Errors

We strive to ensure that all pricing and information on the Site is accurate. However, it’s always possible that despite our efforts there may be times when errors occur. These errors may be price related or otherwise. If the correct price at the time of your purchase is higher than the price communicated to you, we will contact you before confirming your purchase of Services.

Cancellation

For cancellation of any Services purchased, please refer to our Cancellation Policy here.

Any trip cancellation will be subject to the terms of the Local Travel Agency and Travel Suppliers. Please refer to any Terms and Conditions maintained by the Local Travel Agency to familiarize yourself with their refund policies. We will have no liability to you for a Local Travel Agency or Travel Supplier’s failure to provide a refund.

Disclaimer of Liability

Local Experts providing Consultations or Itineraries are independent contractors and not agents or employees of us. Additionally, Local Travel Agencies providing Travel Services are wholly independent of us. We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Local Expert or Local Travel Agency, or any personal injuries, death, property damage, or other damages or expenses resulting from any interactions with any such Local Expert or Local Travel Agency. We are also not responsible for the bankruptcy or the inability of any Local Expert or Local Travel Agency to provide an Itinerary or Travel Services.

The information and offers contained on the Site (including text, graphics, links, or other material) are provided on an “as is,” and an "as available” or “where available” basis. We make no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the Site or any related materials, products, services, or information.

Under no circumstances, including, but not limited to negligence, shall we, or our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, 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 or associated with any email or links sent to you by us, or anyone on our behalf.

In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, 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 total liability, or that of our providers or distributors, exceed the total charges paid by you for receipt of Services. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of Services from, the Site must be brought within one year from the date on which such claim or action arose.

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.

Indemnification

You agree to indemnify, defend and hold us, our affiliates, agents and/or contractors, and each of such parties respective successors and assigns, directors, officers, employees, representatives, agents, licensors or other third parties, harmless from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees and costs), brought by third parties as a result of:

Your breach of these Terms or any other documents or agreements referenced;
Any damage caused by you in working with a Local Travel Agencies and/or using any Travel Services;
Your violation of any law or the rights of a third party; or
Your use of our Site or Services.

Links to Third Party Sites

Our website may contain links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites or third-party services. We have no control of the content of any linked website and are not responsible for these websites or their content or availability. We make no warranties or representations, express or implied, about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. We accept no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website.

Intellectual Property

We, as well as in certain circumstances any corporate affiliates, Local Experts, Local Travel Agencies, Third Party Suppliers, and/or other licensors, own all of the text, images, software, trademarks, service marks, and other material contained on the Site. By using the Site, you agree that you will not copy or transmit any of the material if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on the Site must appear on all copies you print. Other non-Citrine Compass product, service, or company designations on the Site belong to those respective third parties and may be mentioned on the Site for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Site does not grant you any license or right to use any of the marks included on the Site.

Content on the Site

The “Content” on the Site is the copyrighted work of us and/or Local Experts, Local Travel Agencies or Suppliers. “Content” includes, without limitation, all material, information, text, graphics, images, logos, photos, illustrations, audio or video clips, and audio-visual material available on the Site. You may not modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the Ccontent for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Prohibited Uses

The content and information on the Site (including, without limitation, price and availability of Local Experts, Local Travel Agencies, and/or Travel Services) as well as the infrastructure used to provide such content and information, is proprietary to us and/or our suppliers, Local Experts, and Local Travel Agencies. You therefore agree not to do any of the following without our express permission:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Site;
use this Site or its contents for any commercial purpose;
access the Site with any manual or automated process for any purpose other than your personal use or inclusion of Citrine Compass pages in a search index. Use of any automated system or software to extract data from our Site (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to our Site;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of our Site (including, without limitation, the purchase path for any Services) for any purpose;
Use any device, software, or routine that interferes or attempts to interfere with the normal operation of our Site, or take any action that imposes an unreasonable load on our computer or network equipment;
"Frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
Post or distribute any material on the Site that violates the rights of any third party or applicable law;
Use the Site to collect or store personal data about others whether through data mining or any other means;
Use any feature of the Site for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and/or
Use any data mining methods whatsoever and for any purposes whatever.

If your activity through our Site or Service shows signs of fraud, abuse, or suspicious activity, we may delete and/or otherwise close your account and cancel any Services purchased or to be purchased. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including attorneys’ fees, litigation costs and damages. To contest the cancellation of or closure of your account, or the cancellation of any Services, please contact hello@thecitrinecompass.com

Review Comments Photos and Other Content Submissions

The Site may enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). If you use any available interactive areas on the Site, you are solely responsible for the Content that you upload, transmit, or share with us or others on or through the Site (collectively, “User Content”), and you confirm that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to any User Content and you understand that all such User Content may be publicly displayed.

If you provide us with User Content, you represent and warrant that you own such Content, and you hereby grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible or electronic form) all User Content or other Content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the Content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.

You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of User Content on the Site. By providing User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of any third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the Site, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.

You must not create and/or upload any User Content that:

Is advertising, placed as a review or a survey;
Is intentionally untrue or deceptive;
Is immoral, pornographic, discriminatory, or in any other way offensive;
Violates applicable laws in any way or constitutes a criminal offense; and/or
Contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers.

Privacy

Your privacy is important to us. Please click here to review our privacy policy. Your personal information will be used in accordance with our privacy policy so we encourage you to review it.

Reporting Claims of Copyright Infringement

If you believe that materials hosted by us infringe any copyright of yours, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of such requested information, we will not process your notice. You may wish to seek legal counsel before submitting a copyright infringement notice, as you could be held liable for alleging false claims of copyright infringement.

A physical signature of the person authorized to act on behalf of the copyrighted work’s owner;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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

Please contact us for claims of copyright infringement on the Site.

Complaints

We understand that sometimes issues may arise. If you have complaints, we encourage you to contact us at hello@thecitrinecompass.com, so that we can work with you to attempt to resolve the problem. If you have an issue with a Local Travel Agency or any Travel Services, your complaint should be addressed to the relevant Local Travel Agency.

Dispute Resolution/Arbitration

Any dispute, controversy, or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these terms including any dispute concerning the construction, validity, interpretation, enforceability, or breach thereof, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be conducted in Los Angeles, California, and California law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

Governing Law

Any appeal concerning an arbitration shall be governed by and construed under the laws of the State of California (without regard to conflict of laws principles), all rights and remedies being governed by said laws. The Parties hereby submit to the exclusive jurisdiction of state and federal courts located in Los Angeles, California.

Attorney’s Fees

In any action or proceeding brought regarding any controversy or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these Tterms, including, without limitation, any dispute concerning the construction, validity, interpretation, enforceability or breach of such Terms, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.

Validity

If any provision of these Terms is held invalid, unenforceable, or otherwise illegal, the remainder thereof, and the application of such provisions, will not be affected, and the provision held to be invalid, unenforceable, or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

No Wavier

Our failure to give notice of any breach by you, or to require compliance with, any condition of the Terms shall not be deemed a waiver.

General

These Terms constitute the entire understanding and agreement between you,, us and any applicable Local Experts and supersede any and all prior, contemporaneous or inconsistent understandings relating to the Service,. The section headings contained herein are for convenience of reference only, and do not constitute a part of these Terms and shall not be deemed to limit or affect any provision of these Terms. The language used in these Terms shall be deemed to be language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against either Party hereto. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

Version 1.0 – Updated March 10, 2023