IMPORTANT NOTE: The following agreement does not apply to subscribers to Lola.com that have entered or enter into a business travel services agreement directly with American Express Global Business Travel which does not reference Lola.com or Lola Travel Company (a “GBT Client”). The following agreement also does not apply to any user authorized to use Lola.com by a GBT Client (a “GBT Client User”). GBT Clients and GBT Client Users are subject to the Terms of Service for GBT Client Accounts available here.
This Services Agreement (the “Agreement”) is entered into by and between Lola Travel Company, Inc. (“Lola”) and the business or entity ("Subscriber") that is ordering or has ordered a subscription to access or use Lola's Services (as defined below) that are made available via Lola's website(s) and mobile app(s) (collectively, "Lola.com"), and each employee, contractor, agent or other individual authorized by Subscriber that accesses or makes use of Lola.com (each, an “Authorized User”). Subscriber is fully responsible for its Authorized Users, and the terms of this Agreement shall apply to Subscriber and each Authorized User. Subscriber, each Authorized User, and Lola.com shall be referred to individually herein as a “Party”, and collectively as the “Parties.”
WHEREAS, Lola provides a proprietary subscription-based platform that serves as an on-demand travel service to plan, book, and manage corporate travel ("Services"); and
WHEREAS, Subscriber desires to make use of the Services in furtherance of Subscriber’s business and to make such Services available to Authorized Users;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement, the parties hereby agree as follows:
By subscribing to Lola’s Services and/or using Lola.com (including, without limitation, creating a Lola account), Subscriber and each Authorized User agree to the terms and conditions set forth herein as of the date of commencement of use of, or subscription to, the Services. Subscriber shall be responsible for all Authorized Users’ compliance with the terms hereof. Notwithstanding anything to the contrary contained herein, if Subscriber entered into a subscription agreement with Lola.com prior to September 4, 2019, the previous version of the Terms of Service shall apply unless and until otherwise agreed to by Lola and the Subscriber (e.g. in connection with a renewal of the subscription agreement).
Subscriber and each Authorized User acknowledge and agree that Lola may amend this Agreement (including referenced policies and other documents) at any time by posting changes to this Agreement to Lola.com, which revisions shall apply prospectively from the date of such change. Except as otherwise described in this Section 1, any other modification or amendment to this Agreement must be made in writing and signed by a representative of each Party.
Authorized User and Subscriber agree that certain offers, services, and features that may be available on Lola.com may be subject to additional specific terms and conditions, including terms and conditions provided by third parties. For example, expense management integration and certain offers may only be available upon agreement to third party terms and conditions. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control.
Subscriber and each Authorized User acknowledge and agree that: a) Lola acts only as a booking platform for the airlines, lodging providers, car rental companies, tour operators, ground operators and any other suppliers of travel services, and each of their subcontractors, agents, or personnel (“Suppliers”); b) Lola is not responsible for the acts or omissions of Suppliers, including, without limitation, their failure to provide services, adhere to their own schedules, or honor their contracts; c) Suppliers may impose additional terms and conditions, and certain hotel bookings on Lola.com may be offered through or otherwise supported by external suppliers which may be subject to separate terms and conditions, including those available at https://developer.expediapartnersolutions.com/terms/en/; d) details, amenities, photographs of lodging and other trip details provided come directly from the Suppliers, and Lola is not responsible for any errors or misrepresentations included therein; e) Lola is under no obligation to assist Authorized Users with online check-in for travel but if Lola does provide such assistance, Authorized User is responsible for ensuring compliance with the terms of carriage and any other applicable rules, terms and conditions set forth by the airline with which Authorized User is traveling; f) Subscriber and Authorized Users are solely responsible for reviewing and complying with Suppliers’ restrictions and requirements, including with respect to luggage allowances and restrictions, as well as bag-check and check-in timing requirements; and g) all bookings through Lola.com are subject to fare rules and any other terms and conditions presented at the time such booking is made. Lola accepts no responsibility for travelers’ compliance with any restrictions set forth by the Transportation Security Administration, the Federal Aviation Administration, Suppliers, or airlines. Lola disclaims all responsibility for any issues with seat assignments. Subscriber and each Authorized User warrant that it will not utilize Lola.com or otherwise direct Lola.com to complete any booking that would violate the terms of carriage of any airline or violate the terms, conditions, booking requirements, or other policies of any hotel, airline, travel insurance company, or other travel provider; and it will not use, and will not permit or encourage anyone else to use, Lola.com in excess of the services capacity and usage parameters set forth by Lola from time to time.
Lola will make reasonable efforts to keep Lola.com operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Lola reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Lola.com, with or without notice, all without liability for any interruption, modification or discontinuation of Lola.com or any function or feature thereof.
When signing up for a subscription to Lola.com (a “Subscription”), Subscriber agrees to pay Lola the amount shown (if any) on the subscription agreement, sign up/enrollment form and/or Lola invoice (if applicable), paid on an annual basis (unless otherwise set forth on the applicable subscription agreement, sign up/enrollment form and/or Lola invoice) during the term of the Subscription (the “Subscription Fees”). Except as specifically identified on the signup/enrollment form and/or Lola invoice, Subscription Fees do not include any taxes, levies, foreign transaction fees, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Subscriber is responsible for paying all Taxes associated with its purchases hereunder. Except as specifically identified on the signup/enrollment form and/or Lola invoice, Subscription Fees do not include any additional fees charged for bookings on Lola.com, which will instead be charged separately upon each transaction.
Unless otherwise set forth on the applicable subscription agreement, sign up/enrollment form and/or Lola invoice (if applicable), the Subscription term commences on the date set forth on the applicable subscription agreement, sign up/enrollment form and/or Lola invoice (the “Subscription Start Date”) and will continue thereafter in full force and effect for an initial term of twelve (12) months beginning on the first day of the first calendar month on or after the Subscription Start Date (the “Initial Term”). Unless otherwise indicated on the applicable sign up/enrollment form and/or Lola invoice (if applicable), following the Initial Term, the Subscription term will automatically renew for consecutive twelve (12) month periods commencing immediately following the end of the Initial Term (each a “Renewal Term”), and Subscriber will automatically be charged the annual fee (if any) for the Subscription, until Subscriber cancels the Subscription pursuant to the procedures set forth in Section 11. Any discounts applied during the Initial Term will not be applied during a Renewal Term. The Initial Term and the Renewal Terms, if any, will be collectively referred to as the “Subscription Term.”
LOLA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY SELECTED DESTINATION IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES, PERSONAL INJURY, OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATION.
Subscriber and Authorized User assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of destination(s) and connecting points, and all conditions regarding health, safety, security, political stability and labor or civil unrest at such destination(s). More information about U.S. Department of State Travel Advisories can be found at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
Subscriber is responsible for all change and cancellation fees associated with any booking made by Authorized Users accounts and/or Subscriber’s accounts through Lola.com or otherwise on Subscriber’s account, including any third-party processing fees, which Lola will pass on to Subscriber. Lola may charge agent service fees or other charges for certain bookings; Lola’s agent service fees and other similar Lola charges are non-refundable. Some airlines permit cancellation of, or changes to, reservations, but may charge a change fee. Fees vary by airline, market and specific fare rules, and may be US$150 or more for domestic tickets and US$200 or more for international tickets, in addition to any difference in fares between the original flight and the new flight. In the event that an airline does allow for cancellation, airlines usually deduct US$150 or more for domestic tickets and US$200 or more for international tickets before determining the amount, if any, that can be applied towards future travel. Subscriber is responsible for any such fees. Some hotels permit cancellation of, or changes to, reservations with advance notice, often at least 48 hours before the reservation. Some hotels may charge a fee or not refund any prepaid fees, and in such cases, Subscriber is responsible for such fees. Authorized Users are responsible for reviewing all itineraries for applicable refund, change, and cancellation policies. Without limiting Subscriber's liability hereunder, Lola shall have the right, in its sole discretion, to decline any order or to complete any booking requested by Subscriber or any Authorized User.
Certain areas of Lola.com may require registration or may otherwise require the provision of personal information to participate in certain features or access certain content. When subscribing or when an Authorized User creates an account on Lola.com, the Subscriber and Authorized User represent and warrant that the information they respectively provide is accurate and complete in all respects. It is the Authorized User’s responsibility to maintain the confidentiality of login credentials, password, and account, including maintaining the physical security of devices used to access Lola.com. If Lola permits an Authorized User to login using a device’s fingerprint sensor, such Authorized User shall only enable such a feature if the device is their own personal device. Additionally, Subscriber and each Authorized User are responsible for any and all activities that occur under the Authorized User’s account, including mobile payments, all transactions and other activities undertaken on the Authorized User’s device or stored payment card, whether authorized or unauthorized (including, without limitation, by any Admin User or by any party with whom an Authorized User may have shared their profile). Each Authorized User agrees to notify Lola immediately of any unauthorized use of the Authorized User’s account. Authorized User further agrees that Authorized User will not email, post, or otherwise disseminate any user ID, password, or other information which provides access to Lola.com. Lola is not liable for any loss that Authorized User may incur as a result of someone else using Authorized User’s password or account. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability of any promotional offer.
In accordance with these Terms, an Authorized User may use Lola.com to book travel on the Authorized User’s own behalf, on behalf of other Authorized Users associated with the same Subscriber, and on behalf of third party travelers (Authorized Users and third party travelers, collectively, “Travelers”). Authorized Users further understand and agree that any other Lola.com users associated with the Authorized User’s Subscriber’s account may have the ability to access and view information relating to Authorized Users’ use of Lola.com, including travel booking information. Each Authorized User expressly authorizes any individual designated by the Authorized User through Lola.com to complete, update, and modify bookings on behalf of Travelers designated or identified by Authorized User. Authorized Users understand and agree that the details of any reservation (including, without limitation, all booking and travel information and Authorized User's email address) may be shared with the third party expense management provider designated by Subscriber.
When subscribing, the Subscriber will designate one or more Authorized Users to serve as an admin user on the Subscriber’s account (such Authorized User, an “Admin User”). Admin Users have the right to designate additional Admin Users at any time. Subscriber shall ensure that its Authorized Users and Travelers understand that Subscriber's Admin Users may complete, update, and modify bookings on their behalf. Subscriber represents and warrants that all bookings made by an Admin User on behalf of Subscriber's personnel or other third party are authorized. Subscriber further warrants that all Admin Users on Subscriber’s account are authorized by Subscriber to act as an administrative user of Lola.com on behalf of Subscriber. Subscriber agrees that the administrative privileges and Admin status of any Admin User may be revoked by Lola at any time, with or without cause.
Authorized Users expressly authorize any individual designated as an “Admin User” on the Subscriber’s account, to complete, update, and modify bookings on Authorized User’s behalf and on behalf of any third party Travelers associated with Authorized User’s account. Authorized Users understand and agree that Admin Users have unrestricted read and write access to all accounts associated with the Subscriber.
When an Authorized User makes a purchase through Lola.com using a credit card, the Authorized User authorizes Lola to charge the credit card associated with the Subscriber’s account or the credit card provided by the Authorized User. All airline, hotel, and other travel provider costs associated with Subscriber’s bookings may be charged to Subscriber’s credit card immediately upon initiating the applicable transaction.
If the Subscription type includes Lola agent service fees or other service charges by Lola for bookings that Subscriber makes through Lola.com, Lola will automatically charge Subscriber’s credit card for all such fees and charges on a monthly basis at the end of each subscription month. Subscriber hereby authorizes Lola to charge the credit card associated with Subscriber’s account, on a monthly basis, for such Lola agent service fees and charges by Lola, if applicable.
Lola reserves the right to suspend Authorized User’s access to Lola.com if Lola determines that any credit card information submitted is not accurate, current, or potentially subject to unauthorized access or use. Lola may use a third-party credit card processing company to process and charge credit cards, and by providing credit card information, the Authorized User acknowledges that Lola may share such information with the third-party credit card processing company for billing purposes. Authorized Users are solely responsible for any and all fees charged to any credit card provided, (including, without limitation, those charges initiated by Authorized Users) by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If making a booking from outside of the United States on a U.S. credit card, bank may convert the payment amount to the local currency and charge a conversion fee. In connection with credit card transactions through Lola.com, Lola maintains applicable security requirements of the Payment Card Industry Data Security Standard (PCI DSS).
Authorized User and Subscriber may only provide Lola with the email addresses of individuals with whom they have had direct and voluntary two way communications, and with whom they have a personal relationship considering shared interests, experiences, opinions and other relevant factors, or of family members to whom they are related by marriage, a common-law partnership, or parent-child relationship.
Authorized Users shall not engage in any activity on Lola.com which is or includes material that (a) is offensive, harassing, abusive, defamatory or pornographic; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property or privacy rights; (c) includes malicious content such as malware, trojan horses or viruses; (d) interferes with any user’s access to Lola.com; (e) impersonates any person or entity, misrepresents an affiliation with another person or entity, or is otherwise fraudulent or misleading; or (f) interferes with Lola.com, tampers with or attempts to probe, scan, or test for vulnerabilities in Lola.com, including Lola’s computer systems or network, or breaches any of Lola.com's security or authentication measures.
Authorized User agrees that Authorized User will not purchase a ticket or tickets containing flight segments that the Traveler will not be using, such as "point-beyond," "hidden-city" or "back-to-back" tickets. Authorized User further agrees that Authorized User will not purchase a round-trip ticket that the Traveler plans to use only for one-way travel. Without limiting Lola.com’s rights or remedies, in the event an Authorized User breaches this Section 9, Subscriber agrees to indemnify, defend, and hold harmless Lola.com from and against any claims, fees, losses, or liabilities arising out of its breach, including but not limited to claims by airlines for the difference between the full fare of the Traveler's actual itinerary and the value of the ticket or tickets purchased for such Traveler. Lola.com reserves the right to immediately terminate or suspend a Subscriber and/or an Authorized User account for breach of this Section 9.
Lola owns all right, title and license in and to Lola.com and grants Subscriber and Authorized Users a limited, revocable, non-exclusive, non-transferable license to download and use Lola.com for Subscriber's and Authorized User's own travel use in accordance with this Agreement. Except as expressly permitted by Lola, Subscriber and each Authorized User agree that it will not sublicense, resell, rent, reverse-engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit Lola.com or any part thereof. All rights not expressly granted hereunder are reserved by Lola. This license shall automatically expire upon termination of this Agreement.
Subscriber and each Authorized User grant Lola an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use and/or incorporate into Lola.com or the Services any feedback, suggestions and/or recommendations such Subscriber or Authorizer User provide to Lola. By subscribing to Lola.com, Subscriber grants Lola the royalty-free right to publish and otherwise use Subscriber's name and logo in publicity and advertising materials in any and all media without time or territorial restriction.
Subscriber may cancel Subscriber’s account at any time, for any reason or no reason, by emailing Lola at email@example.com. Upon cancellation, Lola may elect to grant a limited license to use Lola.com solely to access any prior chats and itineraries for a limited time. Any amounts paid or payable as of the date of cancellation shall be non-refundable. All Authorized Users associated with the Subscriber’s account will also be terminated upon Subscriber’s termination. In the event of such cancellation, any unpaid portion of the Subscription Fee (if any) for the then-current Subscription Term, and any accrued agent service fees or other charges owing to Lola, shall become immediately due, and no refund (in whole or in part) of previously-paid Subscription Fee(s) (if any) or agent service fees or other charges made to Lola will be provided. An Authorized User or Subscriber may cancel its Authorized User account at any time, for any reason or no reason, by emailing Lola at firstname.lastname@example.org.
Lola may terminate this Agreement and/or suspend or terminate access to Lola.com and/or the Services at any time immediately upon notice to Subscriber, with or without cause, including in the event of actual or suspected unauthorized use of Lola.com or non-compliance with the Agreement. Upon receipt of notice of such termination, any further use of Lola.com is prohibited. Lola may provide notice under this or any other section of this Agreement via an email sent to the email address contained in the Subscriber or Authorized User’s account or otherwise used to make a booking via Lola.com, or in any other reasonable manner. Upon such termination, Lola reserves the right to cancel any and all bookings or other transactions made using Lola.com in Lola’s reasonable discretion to prevent against fraud, illegal activity, or other misuse or abuse of Lola.com. Solely in the event Lola terminates the Subscription Term without cause, Lola will provide a pro rata refund of the Subscription Fee (if any) based on the amount of time remaining in the current Subscription Term, to the most recent method of payment used to purchase the Subscription. Upon termination of this Agreement, those provisions which, by their nature would continue beyond expiration, termination, or cancellation, will survive, including Sections 13 (Disclaimer of Warranties), 14 (Indemnification), 15 (Limitation of Liability & Damages), 16 (Choice of Law, Mandatory Arbitration & Venue), and 19 (General).
Subscriber and each Authorized User represent and warrant that they: (i) are at least 18 years of age; (ii) have the full legal power and authority to enter into this Agreement; (iii) will comply with all applicable laws, rules, regulations, and industry or self-regulatory guidelines related to its performance of this Agreement; (iv) have obtained all authorizations and/or consents legally required to send or transmit (via email, SMS message, telephone, print mailing, or otherwise) any travel confirmation messages, content, information, or other materials to any individuals, personnel, Travelers or other end-users in relation to the Services; and (v) have obtained all authorizations or consents as legally required to upload to Lola.com or otherwise disclose to Lola any information booked through Lola.com. Lola represents and warrants that it will undertake to provide the Services in a good and workmanlike manner.
Lola endeavors to provide the best service it can. However, except as otherwise expressly provided herein, LOLA.COM AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SUBSCRIBER AND EACH AUTHORIZED USER USE LOLA.COM AND THE SERVICES AT ITS OWN RISK. LOLA EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LOLA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH LOLA.COM. SUBSCRIBER AND EACH AUTHORIZED USER ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. LOLA DOES NOT WARRANT THAT SUBSCRIBER OR ANY AUTHORIZED USER WILL BE ABLE TO ACCESS OR USE LOLA.COM AT THE TIMES OR LOCATIONS OF SUBSCRIBER'S CHOOSING; THAT LOLA.COM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT LOLA.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, to the maximum extent allowed by law, Lola does not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third-party on or through Lola.com or any hyperlinked website available through Lola.com. Lola does not control third-party websites available through hyperlink, and Lola is not responsible for any content or service available therefrom. Any Suppliers, including but not limited to third-party carriers, hotels, or any other suppliers providing services for Lola are independent contractors and not agents or employees of Lola or its affiliates. Lola and its affiliates are not liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any Supplier or other such third-party or for any personal injury, death, property damage, or any other damages or expenses resulting therefrom. Subscriber and each Authorized User understand and agree that Lola is not responsible or liable for any transaction involving any third-party providers. Use of the Google Maps features on Lola.com is subject to Google's Terms of Service.
All prices are subject to change at any time, without notice. Lola is not responsible for any price fluctuations. The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law.
Subscriber and each Authorized User agree to indemnify, hold harmless and defend Lola and its affiliates, subsidiaries, officers, directors, employees, agents and licensors at Subscriber’s expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute-resolution expenses) (collectively "Claims") incurred by Lola arising out of or relating to (a) breach of any term of this Agreement; (b) violation of any agreement with any third-party Supplier; or (c) violation of any law, rule or regulation or the rights of any third-party by Subscriber and/or any Authorized User associated with Subscriber’s account.
Lola agrees to indemnify, hold harmless and defend Subscriber against any third party Claims incurred by Subscriber arising out of Lola's gross negligence or willful misconduct.
EXCEPT AS OTHERWISE PROVIDED HEREIN, SUBSCRIBER AND EACH AUTHORIZED USER AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH LOLA.COM OR THIRD-PARTY PROVIDERS IS TO STOP USING LOLA.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LOLA, LOLA’S OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES"), INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS, ARISING OUT OF (I) THE USE OF, OR INABILITY TO USE, LOLA.COM OR THE SERVICES OR (II) THE ACTIONS OR INACTIONS OF ANY SUPPLIERS OR THIRD-PARTY PROVIDERS, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND LOLA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOLA'S RECORDS, PROGRAMS OR SERVICES, WITHOUT REGARD TO WHETHER LOLA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO LOLA.COM OR THIRD-PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY SUBSCRIBER FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES AND AGENT SERVICE CHARGES INCURRED BY LOLA IN CONNECTION THEREWITH. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), SUBJECT TO THE OTHER LIMITATIONS SET FORTH HEREIN.
SUBSCRIBER AND AUTHORIZED USER ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION 15 REMOVES OR LIMITS LOLA'S LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW.
Any controversy or claim arising out of or relating to this Agreement or Subscriber and/or any Authorized User’s use of Lola.com shall be settled by binding arbitration, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Authorized User will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES HEREUNDER SHALL BE IN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, THE RIGHT TO A TRIAL BY JURY IS WAIVED AND RIGHTS TO APPEAL ARE LIMITED. BY SUBSCRIBING OR USING LOLA.COM, SUBSCRIBER AND EACH AUTHORIZED USER AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH LOLA.COM WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
This Agreement is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, or the rights and obligations hereunder, in connection with Lola.com or the Services, shall be governed by, and construed in accordance with, Massachusetts law, without giving effect to the conflict of laws rules thereof, and any matters or proceedings that are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place exclusively in Boston, Massachusetts, U.S.A.
Lola Travel Company, Inc. is registered as a seller of travel in each of the states listed below:
LOLA and the Lolascope logo are registered trademarks of the Lola Travel Company, Inc. in the U.S. and other countries. LOLA.COM, AGILE TRAVEL MANAGEMENT, TRAVEL GRADER, THE FUTURE OF BUSINESS TRAVEL, HUMAN POWERED TRAVEL APP, and SUPER EASY BUSINESS TRAVEL are also trademarks of Lola Travel Company, Inc. in the U.S. and other countries. Content on Lola.com that is provided by Lola or Lola’s licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans and the compilation of the foregoing ("Lola.com Content") is the property of Lola and Lola’s licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
Subscriber and each Authorized User agree that they will not download, display or use any Lola.com Content for use in any publications, in public performances, or on websites other than Lola.com for any other commercial purpose, in connection with products or services that are not Lola’s, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Lola and/or Lola’s licensors, that dilutes the strength of Lola or Lola’s licensors' property or that otherwise infringes Lola or Lola’s licensors intellectual property rights.
If you think material hosted by Lola infringes your copyright, please provide Lola the following information: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located or found on Lola.com; (d) your address, telephone number and, if available, an email address; (e) 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; and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Your claim should be sent by mail to: Lola Travel Company, Inc., at 250 Summer Street, Boston, MA 02210. ATTN: Copyright Agent; or by email to: email@example.com.
Lola will not be liable for any delay or failure to perform resulting from causes outside of Lola’s reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Parties are independent contractors, and no joint venture, partnership, employment or agency relationship exists between the Parties as a result of this Agreement or use of Lola.com.
Lola may assign this Agreement, in whole or in part, to any person or entity at any time with or without consent. Neither Subscriber nor any Authorized User may assign this Agreement without Lola’s prior written consent, and any unauthorized assignment shall be null and void.
Lola’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Lola’s right to enforce each and every such provision thereafter. The express waiver by Lola of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Subscriber and each Authorized User hereby agree that Lola would be irreparably damaged if this Agreement was not specifically enforced, and therefore agree that Lola shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Lola may otherwise have available under applicable laws.
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Last Updated: September 25, 2019