Traveler Terms and Conditions
Last updated: February 2, 2021
TERMS & CONDITIONS FOR TRAVELERS WHO BOOK DIRECTLY WITH MYBHUTAN & WEBSITE USERS
MyBhutan Is Facilitator between Customer and Service Provider
MyBhutan provides travel and tourism arrangements to facilitate the connection between individuals and/or entities (“Customers”) seeking travel services (“Services”) from MyBhutan’s cooperating airline, accommodation and travel suppliers (together referred to as "Providers"). The Customer acknowledges and agrees that the Provider delivers the Services to the Customer and that MyBhutan has no relationship with the Customer other than to provide the Support as set forth in this Agreement. MyBhutan does not have control over or responsibility for the quality, timing, legality, failure to provide or any other aspect whatsoever of the Services. For avoidance of any doubt, the term ‘Customers’ includes all individuals and/or entities participating in the travel event and not solely the payee of the travel event.
The Customer agrees that neither MyBhutan nor its affiliates or licensors is responsible for the fitness or conduct of any Providers or Provider’s services. The Customer hereby releases and forever discharges, and covenants not to sue, MyBhutan, and its officers, directors, employees and agents from all claims, demands, actions, causes of action, losses, liabilities, costs and expenses (including, without limitation, attorneys’ and other professionals’ fees and costs up through and including any appeal) arising out of the death, personal injury, property damage or otherwise suffered by any person or participant arising out of or related to, directly or indirectly, the Support, Services or Provider’s services.
Your parent(s)/guardian(s) acknowledge(s) that he/she has/have read the Agreement and agree to the release of all the parties named herein, and that you, your heirs, assigns, and next of kin, agree to hold harmless MyBhutan and all other parties named herein from any and all liabilities incident to the Customer’s involvement with MyBhutan, even if arising from negligence, to the fullest extent permitted by law.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Platform are proprietary to MyBhutan and its affiliates. All copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Platform, or the making of any derivative works from this Platform is prohibited.
Non-Disclosure of Information
For purposes of this Agreement, the term "Confidential Information" means any information which is disclosed, whether orally or in writing, from MyBhutan to the Customer or which may be obtained from a review of MyBhutan’s documents or other materials if such information is, or any such documents or other materials are, (a) marked or designated by the disclosing party as confidential, or (b) reasonably known by the Customer as being treated by MyBhutan as confidential. The term “Confidential Information” includes (without limitation) business models, customer and supplier lists, marketing plans, reporting tools, financial and technical information, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, processes, and computer software (including all intellectual property used in the ownership, marketing, development, maintenance, support, and delivery of such software, and including any enhancement, derivative, translation, modification, correction, addition, extension, upgrade, improvement, compilation, or abridgment to or of such software).
The Customer may use MyBhutan’s Confidential Information only in connection with the Support, and for no other reason or purpose. The Customer will keep confidential MyBhutan’s Confidential Information, and may not disclose MyBhutan’s Confidential Information to any third party without the specific prior written consent of MyBhutan. On completion, termination or abandonment of the Customer’s relationship with the Support, or at any time on written request by MyBhutan, the Customer will immediately cease using MyBhutan’s Confidential Information, return all times and copies of Confidential Information, and destroy all writings that include or refer to the Confidential Information.
The Customer agrees that this agreement is to remain as Confidential Information between the Customer and MyBhutan.
You are the sole authorized Customer of any account you create with MyBhutan. You are responsible for maintaining the confidentiality of any password or account number provided by you or MyBhutan for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. MyBhutan has no control over the use of any Customer’s personal account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify MyBhutan immediately.
Banking Details & Refunds
You are solely and fully responsible for all activities that occur under your bank account. MyBhutan has no control over the use of any Customer’s bank account and expressly disclaims any liability derived therefrom.
For all matters regarding currency conversions between Bhutanese Ngultrum and a foreign currency, MyBhutan uses the following source: Morningstar.
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE PLATFORM AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. MYBHUTAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE MYBHUTAN PLATFORM. MYBHUTAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MYBHUTAN PLATFORM OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MYBHUTAN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
MYBHUTAN DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE PLATFORM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYBHUTAN SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. MYBHUTAN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. MYBHUTAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. MYBHUTAN AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT MYBHUTAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY PROVIDER OR SERVICE; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE PLATFORM OR YOUR LINKS TO OTHER WEBSITES, PRODUCTS OR SERVICES FROM THIS PLATFORM, EVEN IF MYBHUTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT MYBHUTAN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL MYBHUTAN’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO MYBHUTAN HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless MyBhutan and its members, officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Platform, Services, or Provider’s Services, or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. MyBhutan shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in New York, New York USA or the courts of the Royal Government of Bhutan - chosen at the discretion of MyBhutan - utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The arbitrator shall be required to follow the law.
MyBhutan shall provide prompt notice of any cancellation due to booking issues, increase in service costs, unforeseen events or other local intervening matters that it encounters when processing an itinerary for an order. MyBhutan is not responsible for any damages or claims of any kind in the event of such cancellations.
Cancellations may occur for audiences/meetings without advance notice. In the case of a cancellation, MyBhutan may opt to substitute the audience/meeting with a different host. In this case, no refunds will apply.
Governing Law and Severability
MyBhutan has the sole right to choose the venue of governing law. The Agreement may be governed by either the laws of the State of Florida USA or the Royal Government of Bhutan without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Platform is void where prohibited.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Changes to the Agreement
MyBhutan reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Platform or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
MyBhutan welcomes your questions or comments regarding the Terms and Conditions for Travelers Who Book Directly with MyBhutan & Website Users and the Terms and Conditions for Affiliate Travel Companies.