Tripadvisor Plus Subscription Terms & Conditions
Last updated December 1, 2021
Welcome to Tripadvisor Plus!
Tripadvisor Plus is a subscription program that seeks to provide subscribing individuals like you (“you” or “Members”) with benefits, such as travel-related amenities, offers, awards and services (together with those “Services” referenced in the Tripadvisor Terms, Conditions and Notices, collectively, the “Services”). These terms and conditions (“Subscription Terms”) are between you and Tripadvisor LLC ("Tripadvisor," “we,” “our,” or "us") and set out the terms under which Tripadvisor or any of its affiliates provides the Services. Your use of the Tripadvisor websites and mobile properties (collectively referred to as the "website”) and Tripadvisor Plus subscription are also governed by the Tripadvisor Terms, Conditions and Notices, as well as the Privacy and Cookie Statement (as each may be revised from time to time) referred to further on in this Introduction (collectively, the Tripadvisor Terms, Conditions and Notices and the Privacy and Cookie Statement shall be referred to as “Additional Terms”) and which are incorporated herein by reference. Where anything contained in the Additional Terms conflicts with the Subscription Terms, the Subscription Terms will control with respect to the Tripadvisor Plus program. Any capitalized terms not defined in these Subscription Terms shall have the meanings given to them in the Tripadvisor Terms, Conditions and Notices. By signing up for a Tripadvisor Plus subscription or purchasing a Product (see below), you accept these Subscription Terms (as may be revised from time to time), and you represent that you have read and understand them.
These Subscription Terms, along with the Additional Terms, govern your relationship with us with respect to your use of the Services, including your purchase on the Tripadvisor platform (“Booking”) of any eligible accommodation, tour, ticket, attraction, activity or experience, or any or additional benefit or privilege associated with any of the foregoing (a “Perk”) that is advertised on the website in connection with Tripadvisor Plus and is made available by or through a third-party supplier (each, a "Product"). Note that a third-party supplier in this context may be an affiliate of Tripadvisor (for example, Viator, Inc., as further described in Section 14). In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Subscription Terms on behalf of all the persons named (or included in any way) in your Booking.
THESE SUBSCRIPTION TERMS ALSO INCLUDE, AMONG OTHER THINGS, A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 12 BELOW FOR MORE INFORMATION.
2. Subscription/Program Registration
Tripadvisor Plus subscription is for individuals only. In order to utilize specific features on the website and take advantage of benefits offered by the Tripadvisor Plus program, individuals will need to become Members. All other entities or parties, including but not limited to, corporations, travel agencies, government entities, regulatory bodies, etc., are not eligible to enroll as Members nor receive any benefits in connection with the Tripadvisor Plus program.
Each Member must provide certain requested information in order to register and create a Tripadvisor Plus account. In certain circumstances involving changes to information in your Tripadvisor Plus account (e.g., name changes), Tripadvisor may require that you provide supporting legal documentation.
Travel-related information will be maintained in the Member’s Tripadvisor account. Any such information provided by a Member must be valid, accurate and up-to-date at all times.
By Booking or otherwise accepting any Tripadvisor Plus Services and/or Products, a Member acknowledges and understands that some or all of their information, including contact information, will be shared with participating Tripadvisor Plus Suppliers (as defined in Section 13 and including, for example, payment providers and participating hotels) and processed according to their data policies. This sharing is generally pursuant to written agreements that include confidentiality, privacy and security obligations; however, Members understand that Tripadvisor does not control the privacy practices of these third-party Suppliers. If a Member has any questions about Tripadvisor’s collection, use, or disclosure of a Member’s data, the Member should consult the Privacy and Cookie Statement.
Subject to these Subscription Terms, a Tripadvisor Plus subscription is available to any individual who: (a) agrees to these Subscription Terms; (b) possesses the legal authority to agree to these Subscription Terms; (c) resides in a jurisdiction which legally permits participation in Tripadvisor Plus; (d) is not named on any list, or update thereto, issued by the U.S. Office of Foreign Assets Control (“OFAC”) pursuant to Executive Order 13224 or the President, including the “Specially Designated National and Blocked Person List”, or similar lists or orders from other countries that we deem are applicable, including without limitation, any resident of Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine or any other country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control; (e) provides valid and accurate personal information when enrolling in Tripadvisor Plus; and (f) has not previously been terminated from Tripadvisor Plus or any other Tripadvisor Services.
Members are responsible for reading and understanding these Subscription Terms, as well as the Additional Terms, and any other communications from Tripadvisor about the Tripadvisor Plus program in order to understand their rights, responsibilities, and status in regards to it.
By accepting any Tripadvisor Plus Services and/or Products, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such Tripadvisor Plus Services and/or Products under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify Tripadvisor if they are not eligible to receive any Services at any time.
Please note that certain benefits associated with the Tripadvisor Plus Services, such as Cash Back, may be subject to additional eligibility criteria. Such eligibility criteria are set forth in the terms governing the specific benefit below and any additional terms displayed through the Services and applicable to such benefit.
4. Canceling Your Tripadvisor Plus Subscription
Your Tripadvisor Plus subscription will continue until you or we cancel it. You may cancel your Tripadvisor Plus subscription at any time by signing into your Tripadvisor account, after which you may select and then confirm the subscription termination option.
● For Members who purchased a Tripadvisor Plus subscription before June 7, 2021: If you elect to cancel your subscription outside the initial thirty (30) day period following your subscription purchase, you will not be eligible (save for certain situations involving price increases as described in Section 6 below) to receive any refund of your annual subscription fee and will continue to have access to Tripadvisor Plus until the end of your then-current Subscription Term; your Tripadvisor Plus subscription will not, however, be automatically renewed for any future Subscription Renewal Terms. Please note that any Bookings you have already made will not be canceled automatically and may not necessarily be canceled at all; your ability to cancel an individual Booking will depend on the terms and conditions associated with it as specified by the relevant Supplier(s).
● For Members who purchased a Tripadvisor Plus subscription between June 7, 2021 and October 5, 2021: If you cancel your subscription within ninety (90) days following your Initial Payment Date (as defined herein) and you (a) have not yet made any Bookings or (b) have not previously completed any hotel stays or other travel plans associated with any Bookings made during the Tripadvisor Plus subscription period at issue and have canceled any existing Bookings scheduled for the future which do not include Cash Back Offers, your Tripadvisor Plus subscription will end promptly, after which you will no longer have access to Tripadvisor Plus benefits, and we will provide you with a full refund of the amount you paid (not including any coupon codes, promo codes or similar discounts applied towards the annual subscription fee) for your annual subscription fee. In accordance with the process described in the previous sentence, you must cancel any existing Bookings, other than Bookings that include Cash Back Offers, scheduled for the future to be eligible for a refund of your subscription fee. If you have made Bookings for future reservations which have not yet been completed, you will need to forfeit any pending Cash Back or cancel those Bookings to qualify for a refund of your subscription fee. If you cancel your subscription outside of such initial ninety (90) day period, or you have completed any travel plans associated with Bookings (i.e., stayed in a hotel that you Booked through using theTripadvisor Plus subscription at issue), you will not be eligible (save for certain situations involving price increases as described in Section 6 below) to receive any refund and will continue to have access to Tripadvisor Plus until the end of your then-current Subscription Term; your Tripadvisor Plus subscription will not, however, be automatically renewed for any future Subscription Term. Please note that any Bookings you have already made will not be canceled automatically and may not necessarily be canceled at all; your ability to cancel an individual Booking will depend on the terms and conditions associated with it as specified by the relevant Supplier(s).
● For Members who purchased a Tripadvisor Plus subscription on or after October 6, 2021: If you cancel your subscription within ninety (90) days following your Initial Payment Date (as defined herein), you are eligible for a refund of your annual subscription fee if you (a) have not made any Bookings, (b) have made Bookings for future reservations which have not yet commenced and been confirmed, or (c) have commenced one or more Bookings, but have not set-up a Wallet Provider (see below) account or received any Cash Back related to those Bookings. If you have made Bookings for future reservations which have not yet been completed, you will need to forfeit any pending Cash Back and/or cancel those Bookings to qualify for a refund. (Contact Tripadvisor Customer Support for more details.) Any refunds will be for the amount you paid (not including any coupon codes, promo codes or similar discounts applied towards the annual subscription fee) for your annual subscription fee. You will not have access to Tripadvisor Plus Services following cancellation. If you cancel outside of such initial ninety (90) day period, or you do not meet any of the qualifications for a refund listed above, you will not be eligible (save for certain situations involving price increases as described in Section 6 below) to receive any refund and will continue to have access to Tripadvisor Plus until the end of your then-current Subscription Term; your Tripadvisor Plus subscription will not, however, be automatically renewed for any future Subscription Term. Please note that any Bookings you have already made will not be canceled automatically and may not necessarily be canceled at all; your ability to cancel an individual Booking will depend on the terms and conditions associated with it as specified by the relevant Supplier(s).
● Free trials: If you enroll in a free trial of Tripadvisor Plus and elect not to enroll in a subsequent Subscription Term, your Bookings made during the free trial period will not be canceled. Free trials of Tripadvisor Plus will be subject to the terms accompanying the offer. If you enroll in a free trial of Tripadvisor Plus and that trial period converts into a paid subscription at the end of the trial period, you must cancel the subscription prior to the end of the trial period in order to avoid incurring charges for the paid subscription. For free trials started on or after October 6, 2021, if you opt out of renewing your membership at the conclusion of the trial, you will not receive Cash Back for uncommenced Bookings. In the event of a conflict, the terms accompanying the offer will control.
● Bundled Offers and Gift Cards: If you have enrolled in Tripadvisor Plus via a Bundled Offer (as defined below), you may opt out of automatic renewal at any time. If you have enrolled in Tripadvisor Plus via a gift card, your subscription will only renew after your Initial Subscription Term if you elect to renew and provide an appropriate payment method, after which point it will automatically renew annually. Because of your method of subscription, you may not cancel your Initial Subscription Term altogether, and you are not eligible to receive any refund of your subscription fee; however, upon cancelling automatic renewal, you will continue to have access to Tripadvisor Plus until the end of your then-current Subscription Term. Bundled Offers and gift cards used to pay for a Tripadvisor Plus subscription may not be combined with any other promotional offers or discounts.
In certain situations, we may request or require you to cancel a Booking you have made. For instance, if you wish to cancel your subscription within the refund period following your Initial Payment Date, but you have an existing Booking scheduled for the future, we will require you to forfeit any pending Cash Back or cancel any such future Booking(s) in order to be eligible for a refund of your subscription fee.
Once a Member accepts these Subscription Terms, should the Member seek to cancel their Tripadvisor account (i.e., that principal account established pursuant to the Tripadvisor Terms, Conditions and Notices and under which your Tripadvisor Plus subscription exists), their Tripadvisor Plus subscription may be canceled (with no refund) along with the cancelation/termination of their Tripadvisor account.
You can re-subscribe to Tripadvisor Plus at any time following cancelation, but Tripadvisor reserves the right not to permit re-subscription as provided herein.
5. Other Limitations
● Separate from termination or suspension as described herein, we reserve the right to accept or refuse subscription requests in our sole discretion. To the extent we refuse a subscription request, any payment(s) initially processed in connection with such subscription request shall be refunded.
● We may send you email and other communications related to the Tripadvisor Plus program generally, your Tripadvisor Plus subscription specifically, Cash Back and/or any Bookings made in connection with such where these messages are of a service or transactional nature, and regardless of any marketing communication preferences you may specify via your account settings.
● You may not share, transfer or assign your Tripadvisor Plus subscription or any Services, except as allowed in these Subscription Terms.
● Members are not permitted to use the Services or purchase Products for any purpose other than the Member’s individual use, including without limitation for the purposes of resale or rental.
● From time to time and as discussed further in Section 8 (Modification of Terms) set forth below, Tripadvisor may choose in its sole discretion to add or remove Tripadvisor Plus subscription benefits.
● Tripadvisor reserves the right to monitor the Tripadvisor Plus accounts of all Members, at any time and without notice, for compliance with these Subscription Terms.
● As described in further detail in Section 10 (Termination by Us) below, Tripadvisor reserves the right to terminate or suspend access to your Tripadvisor account, your Tripadvisor Plus subscription, or your ability to use the Services.
6. Fees and Renewal
Subscription Plans and Fees
The current subscription fees and other details of the Tripadvisor Plus program are stated in the Account Management Center. You will find details about the subscription model you are subscribed to, the applicable subscription fee, and the next payment due date in your Tripadvisor account. Taxes may apply on the subscription fee.
Your subscription will begin on the date the credit card, debit card, or other eligible payment method you use to pay for your subscription (“Payment Method”) is successfully charged (“Initial Payment Date”) and will continue for a period of one (1) year (“Initial Subscription Term”). Thereafter, your subscription will renew annually on the anniversary of your Initial Payment Date (“Annual Payment Date”) for subsequent one-year renewal terms (each, a “Subscription Renewal Term”) unless and until cancelled as provided herein. The Initial Subscription Term, as well as any Subscription Renewal Term(s), shall be collectively referred to as the “Subscription Term”). Note that, in certain instances, Tripadvisor may be unable to successfully charge your Payment Method exactly on the Annual Payment Date (for example, in the event of payment systems availability issues); in such instances, Tripadvisor will endeavor to charge your Payment Method as soon as reasonably possible thereafter.
By initiating your first subscription fee payment, you authorize Tripadvisor to charge your Payment Method for recurring subscription fees and any taxes on an ongoing basis. You may be able to stop payment of any scheduled recurring payment by notifying the issuer of your Payment Method or your financial institution. However, Tripadvisor may continue to charge you for that payment and for other recurring payments until you cancel your TripAdvisor Plus subscription in accordance with Section 4 (Canceling Your Tripadvisor Plus Subscription) above. You can update your Payment Methods from within your Tripadvisor account. Please note that Tripadvisor is not responsible for any fees or charges applied by your financial institution or Payment Method issuer related to Tripadvisor’s processing of your subscription fee payment.
If you purchased Tripadvisor Plus via a Bundled Offer, you are responsible for ensuring that the Account Management Center reflects your preferred Payment Method for Tripadvisor to charge for the recurring subscription fees and any taxes on an ongoing basis; this may be, but is not required to be, the same Payment Method that you used for the transaction through which you received the Bundled Offer.
UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR MEMBERSHIP (IN ACCORDANCE WITH SECTION 4 ABOVE OR BY CONTACTING TRIPADVISOR CUSTOMER SERVICE), YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE TRIPADVISOR TO AUTOMATICALLY CHARGE YOUR SELECTED PAYMENT METHOD FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY TAXES FOR THE SUBSCRIPTION RENEWAL TERM.
UPON RENEWAL OF YOUR SUBSCRIPTION, IF TRIPADVISOR DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO (A) CHARGE ANY OTHER PAYMENT METHOD WE HAVE ON FILE IN YOUR TRIPADVISOR PLUS ACCOUNT AND/OR (B) CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A SUBSCRIPTION FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4 ABOVE, WE MAY CANCEL OR SUSPEND YOUR SUBSCRIPTION UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD. WHERE TRIPADVISOR TERMINATES OR SUSPENDS YOUR SUBSCRIPTION DUE TO FAILURE TO MAKE A PAYMENT WHEN DUE, TRIPADVISOR MAY, UPON RECEIPT OF ALL OUTSTANDING PAYMENTS DUE, REACTIVATE YOUR ACCOUNT FOR THE APPLICABLE SUBSCRIPTION RENEWAL TERM.
Subscription fees for Tripadvisor Plus are non-refundable except as otherwise expressly described in these Subscription Terms.
Tripadvisor may from time to time change subscription prices, including recurring subscription fees and any other fees applicable to your Tripadvisor Plus subscription. Tripadvisor will inform you of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits or potential benefits of the Tripadvisor Plus program after the price change effective date; provided that, you may always reject the price change by canceling your Tripadvisor Plus subscription prior to your Annual Payment Date as described in Section 4 (Canceling Your Tripadvisor Plus Subscription) above.
If your Annual Payment Date occurs less than thirty (30) days after Tripadvisor has provided you with notice of a price increase, you may cancel your Tripadvisor Plus subscription for an additional forty-five (45) days following your Annual Payment Date and Tripadvisor will refund the newly charged subscription fee. Note that Tripadvisor’s responsibility to provide you with a refund in such situations (as opposed to simply canceling the auto-renewal) is conditioned upon Tripadvisor actually having received payment from you.
7. Cash Back
Cash Back Program
We may offer the ability for Members to earn or accumulate rewards (“Cash Back”) on certain Bookings, where such Bookings are labeled or identified on the website as being eligible for Cash Back, Tripadvisor Plus Cash Back, Cash Back or similar (such rewards offer, a “Cash Back Offer”). Cash Back Offers may vary by Booking, depending on a number of factors, including the price of the Booking or the length of stay, and not all Bookings will necessarily qualify for Cash Back. Cash Back, once earned, may be redeemable as cash, with such redemption potentially being automatic as determined by Tripadvisor, subject to conditions set forth in the applicable Cash Back Offer and in these Terms.
Tripadvisor reserves the right, in our sole discretion, to designate, develop or select eligible Cash Back Offers for particular Bookings and to allocate any amount of Cash Back thereto. Any questions relating to applicability or value of a particular Cash Back Offer will be resolved by Tripadvisor in its sole discretion.
The Bookings for which Members can earn Cash Back is provided by Suppliers, not by Tripadvisor, and are subject to these Terms, including Section 14.
Cash Back Requirements
To the extent that Tripadvisor Plus includes Cash Back as one of its Services, in order to be eligible to receive Cash Back, you are required to: (i) be a Member in good standing, including by agreeing to these Subscription Terms and Additional Terms, providing a valid and functional email address that you own, and making any applicable annual subscription payments for Tripadvisor Plus; (ii) make and pay for a Booking with a Cash Back Offer; (iii) commence and have the Booking confirmed by the relevant Supplier; (iv) create and maintain an account in your name with Hyperwallet Systems Inc., or any other third-party payment gateway or wallet that Tripadvisor has contracted with to provide payment services in connection with Tripadvisor Plus (“Wallet Provider”); and (v) link a valid PayPal, Venmo, bank account, or other supported account (“Redemption Option”) to your Wallet Provider account. For the avoidance of doubt, you must have a valid, active Tripadvisor Plus subscription both on the date that you make the Booking and the date that you check-in and the Supplier confirms your Booking to qualify for the relevant Cash Back Offer.
If the above requirements are met, Cash Back will be distributed to a Member’s account shortly after the Member has checked-in and Supplier has confirmed an accommodation Booking with a Cash Back Offer, or the Member has completed an experience Booking with a Cash Back Offer. Cash Back remain pending and are not earned until such time as all eligibility criteria have been met. If you fail to meet these requirements within 180 days of the date you commence a Booking with the relevant Cash Back Offer, the Cash Back associated with that Cash Back Offer will be considered abandoned, and you will no longer be eligible to transfer them to cash or otherwise redeem them.
Any funds held in your Wallet Provider account are held by the Wallet Provider or its respective financial institution partners as set out in such Wallet Provider’s Terms of Service. You authorize Tripadvisor to share your identity and account data with our selected Wallet Provider(s)for the purposes of opening, supporting or making deposits to your Wallet Provider account(s), and you are responsible for the accuracy and completeness of that data.
You must maintain the confidentiality of your account information, including the email address and password by which you access your account. Any use of your email name and password will be deemed to be your personal use, and Tripadvisor is entitled to act on Bookings, withdrawals, transfers or other actions or instructions received under your password and is not responsible for any such actions made to your account by someone using your password.
If you elect to receive payment via a Redemption Option, you must not use a Wallet Provider account associated with another Tripadvisor Plus account. An email address or phone number associated with one Member’s Redemption Option cannot be connected to any other Member’s Redemption Option. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
Cash Back will be made available to Members’ accounts as early as 24 hours after checking-in to an accommodation or the day after completion of an experience Booking. Access to Cash Back may be subject to account verification or financial institution processing and approval. There is no annual or lifetime maximum on the amount of Cash Back that can be accrued or received per Member. Tripadvisor reserves the right to delay crediting of Cash Back for any Booking based on changes to Supplier actions or policies at any time.
To the extent that Tripadvisor Plus includes Cash Back as one of its Services, and depending on which Bookings you make, Tripadvisor may give you the option to (a) use some or all of the Cash Back associated with a hotel Booking to cover the cost of your Initial Subscription Term or (b) receive your Initial Subscription Term at no cost if you make an eligible experience Booking (in each instance, a “Bundled Offer”). Tripadvisor is under no duty or obligation to provide you with Bundled Offers and does so at its own discretion.
Redeeming Cash Back
Once all eligibility criteria are met, Cash Back is paid in U.S. dollars, through a Wallet Provider to a specified Redemption Option. Tripadvisor may change Wallet Providers or payment method options from time to time at our sole discretion. If you elect to receive payment via a selected Redemption Option, we will pass to the Wallet Provider the amount of your Cash Back balance, relying on the email address, phone number and/or other account details you provide to Tripadvisor and/or the Wallet Provider.
Tripadvisor may, at its discretion, elect to automatically distribute Cash Back to your Redemption Option, via a Wallet Provider, without requiring any further action on your part. However, where Cash Back is not automatically distributed and is instead deposited into your Wallet Provider account, you will need to take additional action to transfer those funds from such Wallet Provider to your Redemption Option (“Redemption Request”).
While most Redemption Requests are processed immediately, it occasionally may take a number of days to process payment. We have no responsibility and assume no liability for any loss or delay of any payment once we transmit the payment to a Wallet Provider or other eligible payment provider.
You are solely responsible for redeeming your Cash Back by linking your accounts as described above. Additionally, if you ever cancel or fail to renew your Tripadvisor Plus account, it will be your responsibility to make a Redemption Request for any earned Cash Back. Failure to make a timely Redemption Request may result in the deemed abandonment of your Cash Back, subject to applicable laws. Should your subscription lapse after you have made Booking with a Cash Back Offer, but before completing said Booking, any pending Cash Back associated with said Vacation Fund Offer will remain eligible for receipt for a thirty (30) day grace period after you cancel your subscription or it expires (“Grace Period”); any such Cash Back will be forfeited unless you re-subscribe to Tripadvisor Plus before the end of the Grace Period.
Cash Back has no cash, monetary or other value prior to being earned and distributed in accordance with these Subscription Terms. Subject to applicable laws, Cash Back is not your property until distributed to you, and remain the sole property of Tripadvisor until distributed under these Subscription Terms. Tripadvisor is not responsible for payments delivered to the wrong address through no fault of Tripadvisor or for payment errors made by third-party payment partners, such as PayPal or Venmo. With the exception, to the extent available, of refundable Bookings paid for with Cash Back, all distributions and Redemption Requests are final and cannot be revoked or reversed. We assume no liability in relation to your Wallet Provider or Redemption Option accounts, which you are solely responsible for, including, but not limited to, data entry errors by you in providing your payment account information. Should a Wallet Provider overpay your Cash Back payment, you authorize us to instruct them to deduct from your account the amount of such overpayment, to the extent possible.
Cash Back Exclusions
Cash Back is based on your purchase of eligible Bookings with Vacation Fund Offers, excluding taxes, fees, resort fees or other charges not processed as part of the Booking. You are not eligible to earn any interest on pending, undistributed or distributed Cash Back balances.
You will not be eligible for Cash Back in connection with reservations or transactions that do not meet the requirements of these Subscription Terms, including when reserving or paying via a third-party company or website. “No shows” are not eligible to receive any Cash Back, regardless of whether the Booking associated with a Vacation Fund Offer was refundable. Changes in reservations from the original Booking may result in changes in the amount of Cash Back associated with such Booking.
If Tripadvisor enables Members to pay for Bookings entirely with Cash Back, such Bookings shall be ineligible for Cash Back. When a Booking is paid for partially with Cash Back and partially with cash or credit, only the portion of the Booking paid for with cash or credit is eligible for Cash Back.
Your pending Cash Back, in whole or in part, is not transferable; cannot be sold, bartered, brokered or traded; and cannot be divided as part of a settlement, legal proceeding or death, regardless of relationship.
Tripadvisor may, in its sole discretion, deduct pending Cash Back from your Tripadvisor Plus account to make adjustments due to modified or cancelled Bookings. Should a Booking be cancelled or unable to proceed as determined by a Supplier, all refunds will be processed with the relevant Cash Back deducted if said Cash Back were previously distributed to Member. Any such adjustments will be made in accordance with these Subscription Terms, any applicable Supplier policies or terms, the Wallet Provider’s applicable terms, and any and all applicable laws, rules and regulations. Tripadvisor reserves the right to delay, reduce, cancel or withdraw pending Cash Back if a Supplier fails to report a valid check-in for a Booking or otherwise indicates that the Booking was not validly completed as intended. It is your responsibility to check your Tripadvisor Plus account regularly to ensure that Cash Back has been properly credited and paid and, to the extent one exists, that your Cash Back amounts are accurate. If you believe that Cash Back has not been correctly credited or disbursed to you, you must contact Customer Support, as set forth in Section 15 below, within sixty (60) days of the check-in and confirmation by Supplier. In addition, Tripadvisor may make adjustments to pending Cash Back for any Cash Back that Tripadvisor, in its sole discretion, deems to have been credited improperly, or if you engage in behavior that is fraudulent, abusive, unethical, suspicious or otherwise improper.
If you cancel or alter any Bookings for which you were awarded or distributed Cash Back, we reserve the right to deduct from your pending Cash Back the proportional value of the Cash Back Offer. Tripadvisor reserves the right to charge Members’ Payment Method on file for any misapplications or overpayments of Cash Back, including, but not limited to, instances where a Member was distributed Cash Back for a greater number of nights or reservations than the Member ultimately used and paid for.
If you enrolled in Tripadvisor Plus through a Bundled Offer and you cancel the Booking that covered or contributed to the cost of your Initial Subscription Term, you will continue to have access to Tripadvisor Plus, but Tripadvisor reserves the right to reserve and redirect Cash Back from your future Booking(s) to satisfy the cost of your Initial Subscription Term (the specific amount of which may vary), after which point you will be eligible to receive subsequent Cash Back and make Redemption Requests.
Should a Member successfully dispute the purchase of a Tripadvisor Plus subscription through a chargeback, return or other available method, then Tripadvisor may recover any and all Cash Back, pending or distributed. In such a situation, Tripadvisor may, at its discretion, disqualify said Member from qualifying for Cash Back on pending or future Bookings.
Where you do not cancel your Tripadvisor Plus subscription, but your Payment Method fails or cannot be charged for any reason for a Subscription Renewal Term on the Annual Payment Date, and the failure to make payment is not rectified within ten (10) days following notification from Tripadvisor, you authorize Tripadvisor to withdraw any accumulated Cash Back from your account with the applicable Wallet Provider in an amount sufficient to pay for a Subscription Renewal Term. If your Wallet Provider account lacks sufficient funds for a complete Subscription Renewal Term, Tripadvisor may withdraw all Cash Back and shall provide you with a pro-rated Subscription Renewal Term.
Depending on the tax laws of your relevant federal, state and local jurisdictions, you may be taxed on your receipt of Cash Back. You agree that you are solely responsible for any and all applicable tax liability arising out of the consideration received in connection with Cash Back and Tripadvisor and its affiliates explicitly disclaims any liability with respect thereto. We may ask you for a valid tax identification number for reporting purposes. Tax forms, such as an IRS Form 1099, may be issued in your name for the actual value of Cash Back that we issue to you.
Tripadvisor reserves the right to investigate any purchases, transactions, activity, or interaction with the website, Bookings and Vacation Fund Offers which we believe, in our sole discretion, may be an abuse of the Cash Back program. We reserve the right to delay, withhold, rescind or cancel any past, pending or future Vacation Fund awards, and to terminate the account of any Member that we believe, in our sole discretion, is abusing or has abused the Cash Back program. Such abuse includes, but is not limited to, cancelling or modifying Bookings after Cash Back attributable to a given Booking have been distributed. Any failure to comply with these Subscription Terms, any fraud or abuse relating to the accrual or receipt of Cash Back, or any misrepresentation of any information furnished to Tripadvisor by you or anyone acting on your behalf may result in the termination of your account and forfeiture of any accrued or pending Cash Back. Any suspected cases of fraudulent activity will be reviewed in accordance with our fraud processes, and all Tripadvisor decisions are final.
Any credit, debit or payment card that is connected to a Member’s Tripadvisor Plus account will be verified for its validity. Tripadvisor reserves the right to cancel any Cash Back Offer or withhold Cash Back for any reason, including but not limited to invalid credit, debit or payment cards used for a Booking or a Payment Method. Cash Back will only be processed by a Wallet Provider or deposited into a Wallet Provider account where the recipient or Wallet Provider account holder has the same name as the purchaser of the Booking.
Tripadvisor recognizes that chargebacks can happen for a variety of valid reasons, but if you make a chargeback request in connection with a legitimate (as determined in Tripadvisor’s sole discretion) Booking or Tripadvisor Plus subscription payment, we reserve the right to recover any charges or monies resulting therefrom by any appropriate means available, including a third-party debt collection agency.
Expiration of Pending Cash Back
If, for a period of 180 days following the confirmation by a Supplier of a Booking Cash Back Offer, you fail to connect your Tripadvisor Plus account to a Wallet Provider account, any pending or potential Cash Back related to that Booking or Cash Back Offer will be forfeited and reverted to Tripadvisor. To avoid any such risks, you should promptly create and connect a Wallet Provider account. We take no responsibility for any loss of untransferred Cash Back due to abandonment by Members.
8. Modification of Terms
We reserve the right in our sole discretion change or modify these Subscription Terms; the Additional Terms; or any supplemental terms and conditions or documents referenced and expressly incorporated herein or any other aspect of Tripadvisor Plus membership, from time to time, with reasonable notice to Members as described in this section. The updated Subscription Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Tripadvisor. Unless otherwise stated, the updated Subscription Terms will apply to your participation in the Services beginning as of their effective date. If any provision in these Subscription Terms or any change made to these Subscription Terms is found invalid, void, or for any reason unenforceable, that original or modified provision is severable and does not affect the validity and enforceability of any remaining changes or conditions.
YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE SUBSCRIPTION TERMS (AND, IF NECESSARY DUE TO MATERIALITY OF CHANGES, YOU HAVE AFFIRMATIVELY ACKNOWLEDGED THEM) CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO AGREE TO ANY CHANGES OR MODIFICATIONS THAT WE MAKE DURING THE RELEVANT SUBSCRIPTION TERM, YOU MUST NOTIFY US OF SUCH BY EMAILING US AT PLUSTERMS@TRIPADVISOR.COM OF SUCH DECISION. TRIPADVISOR WILL THEN DETERMINE WHETHER TO TERMINATE YOUR CURRENT SUBSCRIPTION AND PROVIDE YOU A PRORATED REFUND OR ACCEPT YOUR REJECTION OF THE MODIFIED TERMS. WHERE WE ACCEPT YOUR REJECTION OF THE MODIFIED TERMS, YOU WILL REMAIN BOUND BY THOSE SUBSCRIPTION TERMS THAT YOU HAD MOST RECENTLY ACCEPTED.
9. Modification of Services
Tripadvisor reserves the right to, from time to time, among other things: (a) withdraw, limit, modify, or cancel any Product or portion of the Services, although Tripadvisor shall use commercially reasonable efforts to maintain the value of the subscription as a general matter; (b) modify or regulate the transferability of Products or benefits; (c) add blackout dates; or (d) limit the number of Products available for award redemption at any or all destinations. Tripadvisor may limit the number of Tripadvisor Plus Members and may temporarily or permanently discontinue registering new Members at any time and for any reason without notice. Notwithstanding the foregoing set forth in this paragraph, Tripadvisor is not responsible for Supplier withdrawals from Tripadvisor Plus, changes in Products, Supplier services, or Perks, or issues associated with use of Products caused by withdrawal of any Supplier. Availability of Products or the Services may change over time and at any time (including during the course of any given Subscription Term.
Tripadvisor Plus benefits are void where copied, prohibited or restricted by law.
10. Termination by Us
We may terminate or suspend your Tripadvisor account, your Tripadvisor Plus subscription, access to Cash Back, or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind, as may be necessary to protect our interests and/or the interests of other users and/or providers of the Services. (For example, we may terminate or suspend any of the foregoing if we determine that you have misused the website.) Where we do so, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Subscription Terms, the Additional Terms, or any applicable local or federal law, regulation or ordinance; involves fraudulent or dishonest use of the Services, theft, misconduct, or wrongdoing in connection with a specific Tripadvisor Plus account, the Tripadvisor Plus program more generally, or is otherwise harmful to our interests or to those of another user. If we terminate or suspend your Tripadvisor Plus account for any reason, you are prohibited from registering and/or creating a new Tripadvisor account or Tripadvisor Plus account under your name, a borrowed or false name, or the name of a third party, even if you may be acting on behalf of the third party. Our failure to insist upon or enforce your strict compliance with these Subscription Terms will not constitute a waiver of any of our rights.
Although there is no planned or fixed termination date for the Tripadvisor Plus program, we reserve the right to terminate the Tripadvisor Plus program at any time, provided we give you 30 days’ notice. Any such notice will be sent by email to Members’ registered email addresses.
11. Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE TRIPADVISOR TERMS, CONDITIONS AND NOTICES, TRIPADVISOR’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELATION OR TERMINATION OF YOUR TRIPADVISOR PLUS SUBSCRIPTION.
IN NO EVENT WILL TRIPADVISOR, ITS PARENT(S), SUBSIDIARIES AND AFFILIATES, ITS LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH TRIPADVISOR PLUS OR THESE SUBSCRIPTION TERMS.
YOUR INTERACTIONS WITH SUPPLIERS ARE AT YOUR OWN RISK. TRIPADVISOR WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY SUPPLIER. TRIPADVISOR IS NOT RESPONSIBLE, AND ASSUMES NO LIABILITY FOR TRANSPORTATION, ACCOMODATION OR OTHER SERVICES THAT SUPPLIERS PROVIDE OR FAIL TO PROVIDE. TRIPADVISOR IS NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS, PRODUCTS, SERVICES OR MEMBERSHIP REQUIREMENTS OF, OR ANY OTHER ASPECTS OF, THE PROGRAMS OFFERED BY SUPPLIERS.
These Subscription Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Subscription Terms or their subject matter or formation shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Tripadvisor LLC arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Subscription Terms, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Tripadvisor LLC to take proceedings against you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you are using the Services as a consumer - and this cannot be excluded by contract and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. This clause shall otherwise apply to the maximum extent allowed in your country or residence.
If any part of these Subscription Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Subscription Terms’ remaining provisions shall continue in effect.
Individual Claims And Direct Damages Only
AS A CONDITION OF PARTICIPATING IN TRIPADVISOR PLUS, MEMBERS AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BY THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A FEDERAL OR STATE COURT LOCATED IN MASSACHUSETTS HAVING JURISDICTION. Further, in any such dispute, neither Tripadvisor nor Members will be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees, and Members further waive all rights to have damages multiplied or increased.
13. Typographical Errors
If a product is listed on our website at an incorrect price or with incorrect information due to typographical error or error in pricing or information provided by our Suppliers, we have the right to refuse or cancel any orders placed for such Products in our sole discretion, whether or not your order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, we will issue a credit to your Payment Method in the amount of the canceled charge.
14. Supplier Terms
In connection with enabling you to purchase a Tripadvisor Plus subscription, Tripadvisor provides a platform through which you can enter into a contract with those third-party suppliers (each, a “Supplier”) so as to purchase their Products. Tripadvisor is not the original supplier of any Product, and your contract for the purchase and supply of any Product Booking will be directly between you and the applicable Supplier. For clarity, Viator is a Supplier solely for purposes of Tripadvisor Plus and not for purposes of any of Tripadvisor’s other Services. Your payments will be processed differently depending on the type of Booking.
● For hotel Bookings: When you complete a Booking with a hotel Supplier via Tripadvisor’s platform, your payment information will be collected and transmitted to the Supplier to complete the transaction. The collection and transmission of this payment information shall be handled as described in our Privacy and Cookie Statement. Please note that the Supplier, not Tripadvisor, is responsible for processing your payment and fulfilling your Booking.
● For experience Bookings: When you complete a Booking for an experience, Viator will process your payment, but the Supplier will still fulfill your Booking.
15. Customer Support
For issues that arise prior to or after your participation in a specific Product or Booking, as well as any issues related to the Tripadvisor Plus program (including your subscription or Cash Back), please contact Tripadvisor Customer Support. For any issues that arise during your participation in a specific Product or Booking, you must contact the relevant Supplier (and not Tripadvisor).