Updated as of 25th May 2023
The Platform is a forum that enables you and other interested parties (each a “User”) to find, request and/or receive transport and related services (“Transport Services”) from third-party service providers, including but not limited to, independent drivers (collectively, “Drivers”), and offers certain supporting services, including providing you the ability to express certain preferences about the Transport Services or Drivers, payment processing and customer support. The services provided by Daytrip are referred to as the “Booking Services”.
Daytrip does not provide any Transport Services. Daytrip is not a payment services provider.
If you are booking a trip that will take place anywhere except in the U.S., then “Daytrip” shall mean DAYTRIP EUROPE LTD, 41 Devonshire Street, London, United Kingdom, W1G 7AJ, which operates in and from Czechia through its registered branch DAYTRIP EUROPE Ltd - odštěpný závod, Id. No. 06160531, Běhounská 5/18, Brno-město, 602 00 Brno, Czechia (further also as “Daytrip Global”).
If you are booking a trip that will take place in the U.S., then “Daytrip” shall mean DAYTRIP, INC., a Delaware corporation, 838 Walker Road Suite 21-2, Dover, Delaware 19904 (further also as “Daytrip US”).
Daytrip Global provides the Booking Services exclusively in and from the Czech Republic and not in or from any other jurisdiction. This applies irrespective of whether the booked Driver provides the Transport Services in or outside of the territory of the Czech Republic.
Users book the Transport Services through the Platform by selecting the place of departure, destination and date and time of the departure, payment method and confirming the order. If available, the User may also select for the Driver to make stops along the way and the places where those stops should be. When booking, the User must identify at least one Passenger and any kids under 12 to participate in the trip, and must provide the User’s email address and other details indicated in the booking form or otherwise requested by Daytrip. For purposes of these Terms, “Passenger” shall mean any person who will ride in the Driver’s vehicle and use the Transport Services, which may include the User. Once the User has made a booking request, Daytrip notifies Drivers that an opportunity is available and subject to availability of a Driver, Daytrip will confirm the booking (“Booking Confirmation”). Daytrip will confirm the booking either immediately after the booking (this usually applies for trips with a departure time more than 36 hours from the booking where Daytrip immediately knows that a Driver is available) or by a follow-up email from Daytrip confirming that Daytrip was able to arrange a Driver (this usually applies for trips with departures soon after the confirmation, where Daytrip needs to check the availability).
Following the Booking Confirmation, the User must immediately pay the fee for the Transport Service by Daytrip deducting the payment from the debit/credit card registered at the booking, unless the User and Daytrip agree that the User shall pay the Driver in cash. If card payment is selected and the User does not pay for the Transport Service immediately after the Booking Confirmation (for example if the payment exceeds the card’s limit), Daytrip has the right to cancel the booking on behalf of the Driver by sending an email to the User. If cash payment is selected, Daytrip may require the User to pay a deposit. If the User does not pay the deposit, Daytrip has the right to cancel the booking on behalf of the Driver by sending an email to the User.
Drivers provide their Transport Services to Users for fees stated in the Booking Confirmation which is based on the price stated on the Platform for the indicative booking made by the User, adjusted for any additional changes to the trip agreed to by the User. The payment is processed in the currency stated in the Booking Confirmation. Daytrip provides the Booking Services to Users for free, the User only pays to the Driver for the Transport Service. Daytrip gets a commission from Drivers for the Transport Service booked through the Platform, based on a separate agreement between the Driver and Daytrip. The Drivers are not VAT payers, unless expressly indicated otherwise (not applicable to U.S. Trips).
The Driver (or Daytrip on behalf of the Driver) shall contact the User in order to agree upon the detailed pick-up place of departure (such as the detailed address within the selected city) well in advance before the confirmed time of departure (unless the User has provided the detailed pick-up place during the booking).
Unless you registered with Daytrip as a travel agent or unless otherwise agreed by Daytrip in a separate written agreement with you, the Transport Services are made available solely for your personal, noncommercial use.
Upon the later of (i) Booking Confirmation or (ii) Daytrip informing the User about the Driver’s name, the User (whether directly or on behalf of the Passenger) acknowledges and agrees that it is entering into an agreement with the Driver for the Transport Service. Daytrip is not a party to such agreement. Daytrip only assists the Driver in communications regarding the Transport Service pursuant to a separate agreement between the Driver and Daytrip. Daytrip never acts on behalf of the User or the Passenger. The Driver does not provide any additional services unrelated to the Transport Services. Neither Daytrip nor the Driver provides travel agency services.
DAYTRIP IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT YOU OR ANY OTHER PASSENGER. GENERALLY, THE TRANSPORT SERVICES ARE ONLY OPEN TO USERS THAT HAVE COMPLETED A BOOKING TO RECEIVE TRANSPORT SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN TRANSPORT SERVICES FROM DRIVERS IN CONNECTION WITH THE USE OF THE BOOKING SERVICES DOES NOT ESTABLISH DAYTRIP AS A PROVIDER OF ANYTHING OTHER THAN THE BOOKING SERVICES. DRIVERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF DAYTRIP IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY DAYTRIP TO FACILITATE YOUR RECEIPT OF TRANSPORT SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A DRIVER.
DAYTRIP HAS THE RIGHT, IN ITS SOLE DISCRETION, AND FOR ANY OR NO REASON, TO DEACTIVATE AND REVOKE THE ACCESS OF ANY PARTY TO THE PLATFORM.
Daytrip may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to the Platform, or any portion thereof; (2) change, revise, or modify the Booking Services; (3) interrupt the operation of the Booking Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; and/or (4) impose limits on certain programs, features, and services, or restrict your access to the Platform or its Booking Services, in whole or in part.
The Booking Services are not available for use by persons under the age of 18. You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 to use the Transport Services unless they are accompanied by you or an adult.
Except as otherwise indicated before completing a booking, the User has the right to cancel a Transport Service and receive a full refund if the cancellation is made at least 24 hours before the confirmed time of departure. Some bookings may have different deadlines for cancellations with the right to receive a refund, or may not be refundable at all. The cancellation can be made in the User’s Account or by email sent to Daytrip. Other ways of cancellation, in particular cancellation by phone is not acceptable. If applicable, the Driver will refund the User the full paid price for a canceled booking within 14 days from the cancellation. Neither the User nor the Passenger will be entitled to any refund (i) if the User cancels the Transport Service less than 24 hours before the confirmed time of departure (or other applicable deadline indicated at the booking), (ii) if the Passenger does not use the Transport Service (unless the Transport Service was not available due to the fault of the Driver or Daytrip as described below or unless required by applicable mandatory law), or (iii) if the User selected a non-refundable booking. In any of the before-mentioned scenarios where the User does not use the Transport Service and is not entitled to a refund if the Transport Service was expected to be paid in cash, the User must pay the full fee for the booked Transport Service immediately upon a payment request made by Daytrip on behalf of Driver.
Cancellation by Passenger. If the Driver does not arrive at the established location within 30 minutes after the agreed time, the Passenger shall call Daytrip to notify the delay. If Daytrip does not arrange for the Driver or an alternative transport within an additional 30 minutes after such a call, the Passenger may cancel the Transport Service by calling Daytrip and informing them of the cancellation. In such case, the Driver will refund the User the full paid price for such canceled Transport Service within 14 days from the cancellation. This is the sole remedy available to the User and the Passenger for the Driver’s failure to provide the Transport Service.
Cancellation by Driver. Passengers must be at the agreed pick-up place at the agreed pick-up time. If the Passengers are not ready to leave for the trip at the agreed time (no matter whether it is because they do not appear or for other reasons), the Driver may cancel the Transport Service by means of leaving the agreed pick-up place without any right to claim for a refund by the User or Passenger. The Driver may also cancel the Transport Service at any time for non-compliance with these Terms, without any right to claim a refund by the User or Passenger. If such Transport Service was expected to be paid in cash, the User must pay the full fee for the booked Service immediately upon a payment request made by the Driver or by Daytrip on behalf of Driver.
Termination of the trip. If the Driver is not able to complete the trip until the later of (i) six hours after the estimated time of arrival at the final destination and (ii) double of the time estimated for the total trip, both the Passenger and the Driver may terminate the Transport Services with immediate effect. In such a case, the Driver will refund the User the full paid price for such terminated Transport Service within 14 days from the termination, unless agreed otherwise between the Driver and the Passenger (for example unless agreed that the Driver will arrange an alternative transport). This is the sole remedy available to the User and the Passenger for the failure to complete the Transport Service.
Mandatory cancellation right. Any User using the Platform as a consumer for private use may cancel the booking and the agreement on the Transport Service within 14 days from the Booking Confirmation by email sent to email@example.com. This does not apply if the User instructs the Driver to provide the Transport Service already within that 14-day period. The Driver starts to provide the Transport Service already 24 hours before the agreed start of the trip by preparing the car for the trip (if the period between the Booking Confirmation and the agreed start of the trip is shorter, Driver starts to provide the Transport Service already from the Booking Confirmation). If such start of the Transport Service falls within the 14-day cancellation period, the User expressly instructs the Driver by the virtue of the Booking Confirmation to provide the Transport Service before the expiry of the cancellation period and acknowledges that such User is no longer allowed to cancel the Transport Service. Under no circumstances may the User cancel the Transport Service less than 24 hours before the agreed start of the trip. If the User rightfully cancels the Transport Service, the Driver will refund the User the full paid price for such canceled Transport Service within 14 days from the cancellation.
In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Booking Services and Transport Services, and you may only access or use the Booking Services and Transport Services for lawful purposes (e.g., not request for the purpose or intent of transport of unlawful or hazardous materials). You may not access or use the Booking Services or Transport Services to cause nuisance, annoyance, inconvenience, damage, or loss to Daytrip, the Driver, or any other party. Passengers must act reasonably and with good manners during the trip and not interfere with the driving. Passengers must take reasonable care not to damage or make the car dirty. Passengers can bring small animals, such as a dog or a cat, to the car only if agreed so by the Driver. For such trips, you are responsible for properly securing the animal with a leash, harness, crate/carrier, or through other means. Drivers must act reasonably and with courtesy during the trip.
Rules for Child Restraint System applicable to U.S. Trips. If the User books a U.S. Trip with a child restraint system, neither Daytrip nor the Driver will provide a child restraint system, nor install and secure the child in the child restraint system supplied by the User. The adult accompanying the child is responsible for the safety of a child restraint system. Drivers will not transport unaccompanied minors or children not secured in a child restraint system. It is your obligation to ensure that the child restraint system is installed correctly and that the child is properly secured in the child restraint system. Please refer to your state’s laws regarding specific height, age, and weight requirements for using child restraint systems, which may be set forth on city-specific web pages. In certain instances, you may be asked to provide proof of age, identity, or other method of identity verification to access or use the Transport Services, and you agree that you may be denied access to or use of the Transport Services if you refuse to provide proof of age, identity, or other method of identity verification.
Timing and arrivals. While Drivers shall undertake their best effort to arrive at the destination (and sights, if booked) at the estimated time, neither the Driver nor Daytrip makes any warranty to Users about the time of arrival at the destination or sights.
Repair and Cleaning. Daytrip may charge you a fee on behalf of the Driver if, during your use of the Transport Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” and “Cleaning”). The amount of such fee shall be determined, in Daytrip’s sole discretion, based on the type of damage and the severity. Daytrip reserves the right to verify or otherwise require documentation of damages prior to processing a fee. If a Repair or Cleaning request is verified by Daytrip at Daytrip’s reasonable discretion, Daytrip reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. If the payment for the Transport Services was made in cash or if card payment fails, Daytrip shall contact the User and request a payment for the Repair or Cleaning that shall be made within no more than 14 days of the request. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Daytrip to the Driver, if applicable, and are non-refundable.
When leaving reviews, you must only comment on the level of professionalism, the interactions with or the performance of Drivers with whom you booked Transport Services through the Platform, or any Daytrip representative you communicated with. You must not submit reviews that may be considered harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, libelous, slanderous, profane, hateful, discriminatory, racially, ethnically, or otherwise includes objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability, or that is objectionable or which restricts or inhibits any other person from using or enjoying the Platform. Any reviews submitted must be based on first-hand experience and accurate, honest and complete. You must not leave reviews for which any compensation has been received.
Daytrip reserves the right to reject or edit any information submitted to the Platform at its sole discretion. Daytrip does not allow Users to share Accounts. If an Account is found to be representing more than one individual, the Account may be removed from the Platform without notice and there will be no refund given for any pending and unused Transport Services.
All of the above applies to all parts of our Platform, including chat rooms and blogs, if applicable. Any information, opinion or comment made in it by third--parties, is not the opinion, information or comment of Daytrip, and Daytrip cannot be held responsible for it. If you believe that any information given in it is false, you may post a comment on the Platform or contact us.
You are prohibited from using or accessing the Platform or its Content (as defined below) for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:
Daytrip reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Platform, its Content, our Booking Services or Transport Services, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law. We reserve the right to terminate your use of the Platform for using or accessing the Platform in our sole discretion, including following your violation of the prohibitions above or other requirements of these Terms.
The Platform and all content, information, and other materials featured, displayed, contained, and available on the Platform, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software (including object code, machine intelligence and search engines), and video clips, the trademark, trade dress, “look and feel”, pages, screens, content arrangement, application functionality and computer programs and digital media (“Content”) are owned by or licensed to Daytrip and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the applicable laws. All goodwill generated from the use of the Content will inure to Daytrip’s exclusive benefit. Content may be subject to patent, copyright, trademark and other intellectual property protection. You may view, download, and print Content from the Platform subject to the following terms and conditions: (a) the Content may be used solely for information purposes; and (b) the Content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Daytrip without the express written consent of Daytrip. You may not use any meta tags or any other “hidden text” utilizing Daytrip’s name or trademarks without the express written consent of Daytrip. You may not use any Daytrip logo or other proprietary graphic or trademark as part of the link without express written permission. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Platform or its Content without express written permission. You do not acquire any ownership rights to any content in the Platform. Any unauthorized use terminates the limited license granted by Daytrip herein.
DAYTRIP and other Daytrip marks, graphics, logos, page headers, button icons, scripts noted on the Platform are Daytrip’s service marks, trademarks and trade dress and are the sole and exclusive property of Daytrip. Daytrip’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Daytrip and in connection with any service or product that is not sponsored, endorsed or produced by Daytrip. All other trademarks not owned by Daytrip, its clients, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Daytrip or its subsidiaries.
To process payment from User to Driver, Daytrip uses several payment services providers worldwide. By making Payment via the Platform (except if paid via a Third-Party Platform), the User agrees to the relevant terms and conditions of the payment services provider, to the extent applicable, including:
YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM: (1) THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK; AND (2) THAT DAYTRIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DAYTRIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DAYTRIP’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE (INCLUDING CLAIMS RELATED TO ANY USER OF THE SITE OR OTHER THIRD-PARTY) EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO DAYTRIP IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES DURING THE PRIOR 12 MONTHS, OR $1,000.
To the maximum extent permitted by applicable laws, (i) Daytrip shall not be liable for any loss or damage arising as a result of the Transport Service and (ii) the Driver’s liability for any loss or damage arising as a result of the Transport Service shall be limited to the amount of the fees paid by the User for the Transport Service.
ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE PLATFORM (INCLUDING ANY BOOKING SERVICES OR TRANSPORT SERVICES PROVIDED OR REFERRED THROUGH THE PLATFORM) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAYTRIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE SERVICES OFFERED BY DAYTRIP ON THE PLATFORM (AND FOR ANY CONTENT OR SERVICES PROVIDED OR REFERRED THROUGH THE PLATFORM) FOR YOUR INTENDED APPLICATION AND USE. DAYTRIP DOES NOT WARRANT THAT THE PLATFORM, ITS CONTENT, OR THE BOOKING SERVICES OR TRANSPORT SERVICES IT OFFERS ON, THROUGH OR OFF THE PLATFORM MEET YOUR REQUIREMENTS. DAYTRIP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF DAYTRIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Daytrip assumes no responsibility and in no way make any representations, warranties, or covenants as to the accuracy of the information contained on the Platform, in any of the pages or emails published in relation with Daytrip, or with respect to the Content or any Transport Services or services referred from our Platform (including any of the following as it applies to other users or third-parties). You assume all liability for use of any information you find through Daytrip, the Platform or any of its publications.
We undertake no obligation to update, amend or clarify information on this Platform, including, without limitation, available routes or Transport Service information, except as required by law. No specified update or refresh date applied on this Platform should be taken to indicate that all information on the Platform has been modified or updated. Please remember when reviewing information on this Platform that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Platform to become inaccurate or incomplete.
On occasion, information on this Platform may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to Transport Service availability, special offers, promotions, or Booking Service or Transport Service descriptions. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies, or omissions and to change or update information or cancel Transport Services if any information on the Platform is inaccurate. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to indemnify, hold harmless and defend Daytrip and its managers, members, directors, shareholders, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) your breach of these Terms; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; (iv) in connection with your use of the Platform; (v) resulting from content you supply; or (vi) resulting from a dispute between you and a third-party.
The Terms will remain in effect until you cease to use the Platform. Notwithstanding the foregoing, all terms and conditions of these Terms that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of these Terms and will be enforceable by the parties. We may also terminate or amend these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Platform, if in our sole discretion, you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as copies of such materials, whether made under these Terms or otherwise, unless otherwise permitted by separate written agreement with us and except Booking Confirmations.
These Terms, governing the agreement on Booking Services between the User and Daytrip and the agreement on Transport Service between the Driver and Passenger or User shall be governed by and construed in accordance with the laws of the State of Delaware applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof.
All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability, or alleged breach) or your use of our Platform will be exclusively resolved under confidential binding arbitration held in Los Angeles County, California in accordance with the rules and procedures of the American Arbitration Association (“AAA”). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in Los Angeles County, California to enforce these terms or prevent an infringement of a third-party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
These Terms, governing the agreement on Booking Services between the User and Daytrip and the agreement on Transport Service between the Driver and Passenger or User shall be governed by and construed in accordance with the laws of the Czech Republic, to the maximum permissible exclusion of the laws of any other jurisdiction.
All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability, or alleged breach) or your use of our Platform will be exclusively resolved by competent courts of the Czech Republic, to the maximum permissible exclusion of any other jurisdiction.
Certain jurisdictions require additional disclosures to User.
EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES HERETO HEREBY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Should any litigation, arbitration, mediation or other legal proceeding be commenced concerning this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to reimbursement of the prevailing party’s attorney’s fees and costs incurred in connection with such proceeding.
The invalidity or unenforceability of any paragraph or provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms, or the remainder of any paragraph or provision. These Terms shall be construed in all respects as if any invalid or unenforceable paragraph or provision were omitted.
These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, subscribers, directors, officers, heirs, successors, representatives, and assigns. You agree, for yourself and on behalf of your successors, heirs, executors, administrators, and any person or persons claiming under it, that these Terms and the rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process. Any attempt to do so, contrary to these Terms, shall be null and void and shall relieve Daytrip of any and all obligations or liability hereunder.
The failure of any party to insist on in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of such terms, conditions, rights, or privileges, but same shall continue to remain in full force and effect. Any waiver by any party of any violation of, breach of or default under any provision of these Terms by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of these Terms.
Neither party shall be in default by reason of any failure or delay in the performance of any obligation under these Terms where such failure or delay arises out of any cause beyond the control and without the fault or negligence of such party.
You consent to receive any and all communications from us electronically. We will communicate with you by email or by posting notices on this Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may email notices to: firstname.lastname@example.org.