DUFFEL BOOKING TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY. BY BOOKING A FLIGHT, HOTEL STAY OR OTHER TRAVEL SERVICE, CHECKING THE ACCEPTANCE BOX, MAKING A PAYMENT, OR OTHERWISE USING THE SERVICES, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

These Terms of Service ("Terms") are a legally binding agreement between you and Duffel Travel US Inc. and its affiliates ("Duffel," "we," "us," or "our") and govern your access to and use of the travel booking services we make available (the "Services") through the AI travel assistant or other interface which you are using (the "Interface"). By continuing to access and use the Services, you agree that such use is legally sufficient consideration under these Terms.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. IF YOU ARE A RESIDENT OF CANADA, THESE PROVISIONS APPLY TO YOU TO THE EXTENT PROVIDED BY APPLICABLE LAW AND THE ADDITIONAL TERMS IN THE "CANADA" SECTION (SECTION 27) APPLY TO YOU.

"You" and "your" mean the individual consumer using the Services to book personal, non-commercial travel.

SUMMARY OF KEY POINTS

This summary is for convenience only; the full Terms below control if there is any conflict.

• Our role. Duffel is your ARC/IATA-accredited travel agent. Your flight, hotel or other travel service contract is with the travel provider (e.g. airline or hotel), not with Duffel.
• How you pay. Depending on your Booking, your card is charged either by Duffel as merchant of record or directly by the Travel Provider. We tell you which before you pay.
• Prices and refunds. We show a single total price before you pay. If a flight is cancelled or significantly changed, we will tell you about your right to a refund before offering a voucher or credit.
• The Interface. You may book through a third party Interface; however, these Terms are between you and Duffel only.
• Your use. You may use the Services for personal, non-commercial travel only; you may not engage in or permit any scraping, resale, or unauthorized automated or AI access.
• Disputes. Section 26 requires individual arbitration and waives class actions and jury trials, subject to a 30-day opt-out.
• Canada. Special terms in Section 27 apply to travelers in Canada.

1. AGREEING TO THESE TERMS

You agree to these Terms when you check the box (or take the equivalent action) presented next to the "Book," "Pay," or "Confirm" button and then complete your booking. You must take that action before we will process a booking. If you do not agree, do not complete the booking, and you will not be charged.

When you agree, you confirm that:

• you are at least 18 years old, or have reached the age of majority if older in the jurisdiction in which you reside, and can enter into a binding contract;
• the information you give us (including traveler names and payment details) is accurate, and if you book travel for another person, you remain responsible for the accuracy of their information, for payment, and for making any change or cancellation requests, and you confirm they have agreed to these Terms and the Travel Contract; and
• you have read our Privacy Notice, which explains how we handle your personal information.

Children. The Services are intended for adults. You must be at least 18 years old, or have reached the age of majority if older in the jurisdiction in which you reside, to use the Services, and we do not knowingly collect information from anyone under 18. Parental-control protections (such as hardware, software, or filtering services) are commercially available to help you limit access to material that is harmful to minors, as noted in 47 U.S.C. § 230(d).

We keep a record of your acceptance. We may update these Terms from time to time. If a change is significant, we will tell you before it takes effect and, where the change is material, ask you to accept the updated Terms before your next booking. Any booking you have already made will be governed by the Terms in effect when you booked.

Electronic communications. You agree that we may provide these Terms, your Booking Confirmation, required disclosures, and other communications to you electronically — by email, within the Services, or through the Interface — and that those electronic communications satisfy any legal requirement that they be in writing.

2. WORDS WE USE

• "Ancillary Fees" — optional charges such as checked baggage, seat selection, or hotel resort fees.
• "Booking" — a confirmed reservation for a flight, a hotel stay, or other travel service, made through the Services.
• "Booking Confirmation" — the confirmation we send or show you once your Booking is accepted.
• "Content" — all text, descriptions, images, software, and other content made available through the Services.
• "Travel Contract" — the standard terms and conditions of the Travel Provider (e.g. airline's conditions of carriage and fare rules, the hotel's terms, and any cancellation, change, or refund rules) that apply to your Booking.
• "Travel Provider" — the airline, hotel, or other travel provider that actually provides the Travel Services.
• "Travel Services" — the flights, hotel stays, and other travel service a Travel Provider provides that you book through the Services.
• "you" / "your" — the individual consumer using the Services to book personal, non-commercial travel.

In these Terms, "including" means "including but not limited to."

3. OUR ROLE — DUFFEL IS YOUR TRAVEL AGENT, NOT THE AIRLINE OR HOTEL

Duffel is a licensed travel agent. We are accredited by the Airlines Reporting Corporation ("ARC") and the International Air Transport Association ("IATA"). When you book through the Services, we act as the disclosed agent of, and seller of record on behalf of, the Travel Provider. We are the accredited agent that tickets and arranges your Booking.

Your Travel contract is with the Travel Provider. Your Travel Service is provided under a Travel Contract directly between you and the Travel Provider we identify for your Booking, not with Duffel. We are not the airline operating your flight, the owner or operator of any hotel, provider of any Travel Service, or a party to your Travel Contract, and we do not sell you the Travel Service as principal. Before you pay, and again in your Booking Confirmation, we will identify the specific airline, hotel and/or other provider that is your Travel Provider. If your flight is operated by a carrier other than the one whose name or code is on your ticket (a code-share), we will show you the operating carrier, labeled "Operated by," in your search results and confirmation.

Who is responsible for what. The Travel Provider is solely responsible for providing your travel and for its safety, quality, schedule, and performance. Duffel is responsible for handling your Booking accurately, for the information we give you about it, and for the disclosure and refund obligations we owe you directly as a ticket agent under U.S. Department of Transportation ("DOT") rules (Sections 7, 8, and 9). We are not responsible for a Travel Provider's acts, omissions, delays, cancellations, service failures, or insolvency. The confirmed details we show you before payment and in your Booking Confirmation govern your Booking.

4. HOW THE INTERFACE FITS IN

You may reach the Services through the Interface. These Terms are between you and Duffel only. The third party offering the Interface ("Interface Provider") is not a party to these Terms and is not responsible for the Services, your Booking, or any dispute between you and Duffel or a Travel Provider. Your use of the Interface is also governed by the Interface Provider's own terms, which apply in addition to these Terms. If the Interface's terms and these Terms conflict about your Booking, these Terms govern as to the Services.

5. AI-POWERED FEATURES

The Services may be offered through, and may include, artificial-intelligence features (including generative AI), such as an AI travel assistant. We or the Interface Provider will make clear when you are interacting with an AI-powered assistant. AI-generated suggestions such as itineraries, recommendations, and similar content are provided for convenience on an "as is" and "as available" basis. They are generated by automated systems, may not always be current or complete, and are not a guarantee of price, availability, or suitability. Your Booking is governed by the confirmed details we present to you before you pay and by your Booking Confirmation, not by any preliminary AI-generated content. We process the information you provide to, and that is generated by, these features as described in our Privacy Notice.

6. BOOKING AND CONFIRMATION

Before you confirm, you will be able to review your itinerary, the total price, and the Travel Contract. When you submit a booking request, you are making an offer to purchase, which we (on behalf of the Travel Provider) may accept or decline. Your Booking is final only when we issue a Booking Confirmation. For flights, the price and availability of your itinerary are guaranteed only once your purchase is complete and your ticket is issued. We will tell you if we are unable to complete your Booking.

7. PRICES, TAXES, FEES, AND PAYMENT

The price we show you is a single total price, which is the base fare or room rate plus all mandatory taxes and Travel Provider charges we know about at the time, shown before you confirm. We may itemize parts of that total (such as taxes), but we will not display them more prominently than, or in the same or larger type than, the total.

Ancillary Fees are optional and shown separately (Section 8). We will not add any optional service unless you actively select it. Prices can change until your Booking is confirmed. After we issue your Booking Confirmation, the price will not change except as the Travel Contract or these Terms expressly allow.

Obvious errors. Prices and availability are as displayed except in cases of obvious error, for example a price or offer a reasonable person would recognize as a mistake. We will correct obvious errors as soon as we become aware of them. If an obvious error affects a Booking you have made, even after we issue a Booking Confirmation, where the error should reasonably have been apparent to you we will offer you the choice of keeping the Booking at the correct price or cancelling it for a full refund of amounts paid to us.

How your card is charged. To make or change a Booking, a payment will be charged in one of two ways:

• Charged by Duffel. Duffel charges your payment method in its own name as merchant of record and arranges payment to the Travel Provider. Duffel is responsible for processing the payment, refunding it where a refund is due, and responding to any dispute about it. Where Duffel charges your payment method, the charge will appear on your statement as "DF*" followed by a short description of your Booking, such as the name of the hotel or airline. Payments we charge are processed by our payment service provider, and we do not store your full card details. You must be the cardholder or be authorized by the cardholder to use the payment method. We may ask you to verify a payment (for example with 3D Secure) and may decline a payment we reasonably believe is fraudulent or unauthorized.

• Charged by the Travel Provider. Duffel passes your payment details to the Travel Provider, which charges your payment method as merchant of record under its own policies. Duffel does not control how or when the Travel Provider processes that charge, and refunds and disputes for that charge are handled by the Travel Provider under the Travel Contract. We will help you contact them.

Payment. You authorize Duffel or the Travel Provider (we tell you which before you pay) to charge your chosen payment method for the total price shown at checkout, including all taxes and fees. Your bank or card issuer may charge its own foreign transaction or currency conversion fees, which are outside our control. If you have a question about a payment, please contact us first using the details set out in Section 9. If a charge is disputed, reversed, or fails, we may cancel the related Booking or Booking change and recover amounts due as permitted by law.

8. BAGGAGE AND OTHER ANCILLARY FEES

Baggage fees and other optional charges are set by the Travel Provider and may apply to your Booking. On the first screen where we show a fare for the itinerary you select, we will clearly tell you that additional baggage or other Ancillary Fees may apply and where to review them. Before you confirm, we will present together all Ancillary Fees that apply to your Booking. Your Booking Confirmation will include your free baggage allowance and the carry-on, first-checked-bag, and second-checked-bag fees (or a link to where that information is shown).

9. CHANGES, CANCELLATIONS, AND REFUNDS

Travel Contract come first. Whether you can change or cancel, and any fees or refunds, are governed mainly by the Travel Contract, which we show you before you confirm. You can request a change or cancellation in the Interface or contacting us at [email protected] or +1 (888) 771-2254. If you do not cancel within any applicable free-cancellation period, or you do not show up, you may be charged a cancellation or no-show fee and may not be entitled to a refund, as the Travel Contract specifies. If a Travel Provider changes or cancels your Booking, we will let you know as soon as we reasonably can and help you pursue any refund or alternative the Travel Provider offers.

Separately, and as an obligation we owe you directly as a ticket agent:

• If your flight is cancelled or significantly changed and you are entitled to a refund, we will tell you that you have the right to a refund before we offer you rebooking, a travel credit, a voucher, or any other compensation instead of a refund.
• If we offer a credit or voucher as an alternative to a refund, we will clearly tell you, at the same time, that you may instead take a full refund, and any credit or voucher we offer will stay valid for at least five years.

Paying for a change. If a change to your Booking requires a further payment, we may send you a payment link to a payment page, which shows your booking reference, what the payment is for, the total amount, and who will charge it. A change is final only once we issue a Booking Confirmation for it. If a change cannot be confirmed, we will refund in full any amount Duffel charged for it; any amount charged by the Travel Provider will be refunded by the Travel Provider under the Travel Contract.

Refunds of amounts Duffel charged. Where you have a right to a refund of a payment that Duffel charged, we will refund it to the payment method used for that payment. Your bank or card issuer may take additional time to show it on your statement.

Refunds for services you paid for but did not receive. If you paid an Ancillary Fee for a service the Travel Provider does not provide (for example, a checked bag that is not delivered), the Travel Provider that operated your flight is responsible for that refund. We will help you obtain it.

10. FLIGHT-SPECIFIC TERMS

The following apply to flight Bookings, in addition to the airline's Travel Contract:

• Operating carrier. Where a flight is operated by a carrier other than the one whose code appears on your ticket, we identify the operating carrier as described in Section 3.
• Use your flights in order. Airlines may cancel later segments of an itinerary if you do not use an earlier segment. If you do not use the outbound portion of a round trip, the airline may cancel the return without a refund. Follow your itinerary in sequence.
• No-show and unused taxes. If you do not travel, you may be entitled to a refund of certain airport taxes and fees included in your fare. You can request this through us, and we will submit the request to the airline on your behalf.
• Airline liability. An airline's liability for death, personal injury, delay, and loss of or damage to baggage is limited by the airline's Travel Contract and by applicable law and international conventions governing air carriage.

11. TRAVEL DOCUMENTS, INSURANCE, ENTRY REQUIREMENTS, HEALTH, AND ADVISORIES

You are responsible for making sure that you and everyone on your Booking have valid passports, visas, vaccination records, and any other documents your itinerary requires, and that you meet all health and entry requirements for your destination and any country you transit. Requirements change, so check current information with the relevant government, embassy, or consulate before you book and before you travel, and review official government travel advisories. We do not verify your eligibility to travel, enter, or re-enter any country, and we are not responsible if you are denied boarding, entry, or transit because of inadequate documentation or failure to meet health requirements. In that case you are not entitled to a refund from us, though you may have rights against the Travel Provider under the Travel Contract.

Unless we expressly state otherwise, the prices we show do not include travel insurance. Any travel insurance is a separate product provided by a third-party insurer under that insurer's own terms, even if it is recommended by Duffel; Duffel is not the insurer and is not responsible for any insurance product, the insurer, or any claim. You are responsible for ensuring any policy you purchase meets your needs.

12. TRAVEL CONTRACT

Your Booking is also subject to the Travel Contract of the Travel Provider you select, including the airline's conditions of carriage, the hotel's terms, and any fare, cancellation, or refundability rules. We provide the Travel Contract to you before you confirm, and they form part of these Terms. If these Terms and the Travel Contract conflict about your underlying Travel Service, the Travel Contract controls; these Terms control as to the Services we provide as your travel agent, including the disclosure and refund-rights obligations we owe you under Sections 7, 8, and 9, which no Travel Contract overrides.

13. ACCESSIBILITY

If you have an accessibility request about the Services, contact us using the details set out in Section 9. If your request concerns the travel itself (for example, wheelchair access, an accessible room, or airport assistance), contact the Travel Provider or the relevant airport, station, or terminal, because those accommodations are within their control. We will help direct your request where we can.

14. USING THE SERVICES RESPONSIBLY

While using the Services, you must comply with all applicable laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not interfere with the Services or any other party's use of them. Without our consent, you will not:

• post or transmit content that is unlawful, harmful, harassing, defamatory, infringing, or otherwise objectionable, or that discloses sensitive personal information of others;
• use the Services for any commercial purpose, including reselling a Booking, or reproduce, frame, mirror, or otherwise commercially exploit any part of the Services;
• make speculative, false, fraudulent, or duplicate bookings, or bookings in anticipation of demand;
• impersonate any person or misrepresent your affiliation with any person or entity;
• use another person's payment method or identity without authorization;
• use the Services for money laundering, sanctions evasion, or dealings with parties subject to U.S., Canadian, or other applicable sanctions;
• reverse engineer, disassemble, or decompile the Services, or build a competitive product or service;
• use any data mining, bots, spiders, automated tools, or automated assistants, including AI-powered assistants, to access the Services or make Bookings, other than through the authorized Interface Provider;
• introduce viruses or other harmful code, or attempt to breach the security of the Services; or
• assist or permit anyone else to do any of the above.

Fraud and sanctions screening. If a Booking or account shows signs of fraud, abuse, sanctions association, or other suspicious activity, we may request additional information and may cancel affected Bookings, suspend or close accounts, and pursue any remedy available to us. If we cancel a Booking for these reasons, you may not be entitled to a refund.

Unauthorized automated access. You acknowledge that unauthorized use of automated means or automated assistants (including AI-powered assistants) to access the Services or make Bookings may cause us irreparable harm for which monetary damages are inadequate, and that we may seek injunctive relief in court to stop it, in addition to any other remedy.

Linking. You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided the link and the linking site are not misleading, defamatory, or otherwise objectionable and do not falsely imply our endorsement. We may revoke this permission at any time.

15. YOUR PRIVACY AND HOW WE PROTECT YOUR DATA

Our online privacy notice ("Privacy Notice") explains what personal information we collect and how we use it, and it forms part of these Terms. In addition:

• Travel Providers handle their own data. The airline, hotel, or other Travel Provider you book is an independent controller of the personal information you provide for your trip and handles it under its own privacy terms; we are not responsible for their processing. We are also not responsible for any personal information collected by the Interface Provider via the Interface. See the Interface's privacy notice for more information about how the Interface Provider uses your personal information.

16. INTELLECTUAL PROPERTY

All names, logos, text, designs, graphics, code, software, images, and other Content appearing in or on the Services are the intellectual property of, or used with permission or under license by, Duffel, and are protected by copyright, trademark, and other laws. You acquire no right, title, or interest in any Content by using the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and their Content solely to book and manage your own travel. Except as expressly permitted, you may not copy, reproduce, republish, modify, distribute, or create derivative works from any part of the Services or Content without our written permission. Content belonging to Travel Providers remains the property of those Travel Providers.

Feedback. If you send us feedback, ideas, or suggestions about the Services, you agree that they are non-confidential and non-proprietary and that we may use them for any purpose, without obligation, attribution, or compensation to you.

17. THIRD-PARTY CONTENT AND LINKS

Any information, statements, or opinions provided by third parties and made available on the Services are those of the respective authors, not Duffel, and we do not guarantee their accuracy, completeness, or reliability. Information about Travel Services such as fares, availability, descriptions, and photographs, is supplied by the Travel Providers, who are responsible for keeping it accurate and current; we are not liable for inaccuracies in that information except to the extent we caused them, and we may correct errors at any time. To the extent we host or transmit third-party or user-supplied material, we may be entitled to the protections of the Communications Decency Act, 47 U.S.C. § 230. We may provide links to websites or services operated by others solely as a convenience. If you follow a link you leave the Services and do so at your own risk; we do not control, endorse, or take responsibility for third-party sites or their content, and your use of them is subject to their own terms.

18. COPYRIGHT INFRINGEMENT NOTICES

If you believe that material made available through the Services infringes your intellectual property rights, please contact us at [email protected] with enough information for us to review your concern.

19. ACCOUNTS

If certain features require an account, you may hold only one active account, you must keep your credentials confidential, and you are responsible for all activity under your account. We may reject or reclaim a user ID that is in use by, impersonates, or belongs to another person, or that is offensive. Notify us promptly of any unauthorized use of your account. We may take reasonable actions to protect the security of the Services.

20. DISCLAIMERS

Except as these Terms expressly state, the Services and Content are provided "as is" and "as available," without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Services will be uninterrupted or error-free. We do not warrant that any Travel Provider will perform, and we are not responsible for the acts, omissions, delays, cancellations, or service failures of any Travel Provider. Nothing in these Terms excludes any warranty or right that cannot be excluded under the law that applies to you, including applicable consumer-protection law.

21. LIMITATION OF LIABILITY

To the fullest extent permitted by law, and as distinct from any claim you may have against a Travel Provider for the Travel Services, Duffel's and its affiliates', officers', directors', employees', agents', and service providers' (together, the "Duffel Parties") total liability to you for any claim relating to these Terms or the Services is limited to the total amount you paid to Duffel for the Booking. We are not liable for indirect, special, incidental, exemplary, punitive, or consequential damages, or lost profits, even if advised of the possibility.

If you are in breach of these Terms or the Travel Contract, then to the extent permitted by law we are not liable for costs you incur as a result, and you may not be entitled to a refund. This allocation of risk is a basis of the bargain between you and us, and these limitations apply even if a limited remedy is found to have failed its essential purpose.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, our obligations under DOT rules, or anything else that cannot be limited under the law that applies to you.

22. INDEMNITY

You agree to indemnify, defend, and hold Duffel and its affiliates, directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Services; (iii) your fraudulent use of a payment method; (iv) or your violation of applicable law or the rights of a third party in connection with your use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

23. SELLER-OF-TRAVEL REGISTRATIONS (U.S.)

Duffel is registered as a seller of travel in California and Florida as follows:

• California — Seller of Travel Registration No. 2146754-50. Registration as a seller of travel does not constitute approval by the State of California.
• Florida — Seller of Travel Registration No. ST42892.

Registration numbers for other states in which we are registered are available on request.

24. FORCE MAJEURE

Except for payment obligations, neither you nor Duffel is liable for any delay or failure to perform caused by an event beyond that party's reasonable control, including severe weather, natural disasters, government action, war, terrorism, labor disputes, or failures of third-party networks or systems. This does not excuse, limit, or delay our obligations under Sections 7, 8, and 9 to disclose fees and refund rights as DOT rules require, which apply whatever caused the flight cancellation or change.

25. OTHER TERMS

Updates to these Terms. We may revise these Terms from time to time and will use reasonable efforts to notify you of changes (for example, by posting notice within the Services, emailing the address we have on file, or messaging your account). Changes become effective when posted unless otherwise noted; where a change is material, we will ask you to accept the updated Terms before your next booking. If you do not agree to the revised Terms, you must stop using the Services.

Termination. These Terms remain in effect until terminated by you or us. We may suspend, limit, or terminate your access to the Services at any time, with or without cause, including if we believe you have violated these Terms. Termination does not affect the rights or obligations of you, Duffel, or the Travel Provider under any Booking already confirmed. If we suspend or terminate your access to the Services, any Booking we have already confirmed remains valid, you may still travel on it, and we will continue to provide support for that Booking, including changes, cancellations, and refunds, under these Terms and the Travel Contract except for Bookings cancelled under Section 14 (fraud and sanctions screening) or where payment has been reversed or has failed.

Consent to communication. When you use the Services or contact us through them, you are communicating with us electronically and consent to receive communications from us electronically; notices to you are deemed delivered when sent to the email or contact information associated with your Booking, or when posted within the Services.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be replaced by a valid, enforceable provision that most closely reflects the original intent, or if that is not possible removed, and the remaining provisions remain in effect.

Assignment. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of our business. You may not assign or sublicense these Terms or any of your rights or obligations without our prior written consent.

Government end users. The Services are intended for use by non-government entities and individuals. Use by or on behalf of a U.S. Government End User is prohibited without our prior written authorization and, if authorized, is subject to applicable federal regulations.

Entire agreement; survival. These Terms, together with the Travel Contract, our Privacy Notice, and (for Canadian residents) the Canada section, are the entire agreement between you and Duffel about the Services, without limiting Section 4 regarding the Interface. Sections 3, 7-9, 12, 15-18, 20-26, and this Section 25 (and, for Canadian residents, Section 27) survive termination. Our failure to enforce any provision is not a waiver of it. Headings are for convenience only, and these Terms will not be construed against either of us as the drafter.

26. DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. This Section applies to bookings by U.S. residents. If you are a resident of Canada, Section 27 governs and applies this Section only to the extent permitted by the law of your province of residence.

Agreement to arbitrate. You and Duffel agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the validity and enforceability of this agreement to arbitrate (each, a "Dispute"), will be resolved by binding arbitration before one arbitrator, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (including the Expedited Procedures), except as provided below. The arbitration will take place in New York, New York, by phone or video, or at a location reasonably convenient to you, as the JAMS rules allow. Judgment on the award may be entered in any court of competent jurisdiction. The Travel Providers are intended third-party beneficiaries of this Section as to Disputes relating to their Travel Services.

Exceptions. Either party may (i) bring an individual claim in small claims court, and (ii) bring an action in court asserting only claims of intellectual-property infringement or misappropriation, seeking emergency or temporary injunctive relief, seeking public injunctive relief where that remedy cannot be waived under applicable law, or relating to unauthorized automated or AI-assistant access to the Services.

Jury-trial and class-action waiver. To the fullest extent permitted by law, you and Duffel waive the right to a trial by jury, and all Disputes will be brought only on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to that party's individual claim. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and heard in the state or federal courts located in the state courts of New York County, New York, or the U.S. District Court for the Southern District of New York; all other Disputes will remain in arbitration.

Notice of Dispute and informal resolution. Before starting arbitration or a small-claims action, you must first send us, by certified mail to our postal address at 90 Broad St., Floor 2, PMB 5000, New York, NY 10004, USA, a written Notice of Dispute describing the nature and basis of the claim and the specific relief sought; we will send any Notice to the email associated with your Booking. If the Dispute is not resolved within 30 days, either party may begin arbitration. The statute of limitations and any filing deadlines are tolled while this process is pending.

Fees. For any arbitration you initiate, you will pay the filing fee up to US$250 and Duffel will pay the remaining JAMS fees and costs; for any arbitration Duffel initiates, Duffel will pay all JAMS fees and costs. If you demonstrate that the costs of arbitration would be prohibitive compared with litigation, Duffel will pay as much of your fees as the arbitrator finds necessary to prevent the arbitration from being cost-prohibitive.

Hearing. If your claim is for US$10,000 or less, you may choose whether the arbitration is conducted on documents only, by phone or video, or in person. If your claim exceeds US$10,000, the right to a hearing is governed by the JAMS rules.

Coordinated proceedings. If 25 or more individuals initiate Notices of Dispute raising similar claims, and their counsel are the same or coordinated ("Coordinated Claims"), the claims will proceed in a coordinated bellwether process: each side selects ten cases to proceed first as Test Cases, the remaining cases are stayed, and the process repeats until the parties determine a methodology to resolve the remaining claims. A court may enforce this clause and enjoin the mass filing of demands outside it. Applicable statutes of limitations are tolled while Coordinated Proceedings are pending.

Confidentiality. The parties will maintain the confidential nature of the arbitration and award, except as necessary to conduct the arbitration or in connection with a court application or enforcement or as required by law.

DOT obligations preserved. Nothing in this Section limits Duffel's obligations under DOT rules or requires arbitration of a statutory consumer remedy to the extent it cannot be arbitrated.

Governing law. These Terms are governed by the laws of the State of New York, exclusive of conflict-of-laws rules, except that the Federal Arbitration Act (9 U.S.C. §§ 1--16) governs the interpretation and enforcement of this Section. This transaction involves interstate commerce.

30-day right to opt out. You may opt out of this Section by sending written notice, within 30 days of first becoming subject to these Terms, to [email protected] with the subject line "Arbitration Opt-Out" and an unequivocal statement that you want to opt out. Opting out does not affect any other part of these Terms.

Severance. If the Coordinated Proceedings/Test-Case provisions are found unenforceable, the entire arbitration agreement is severed from these Terms; any duty of confidentiality survives. If any other portion of this Section is found unenforceable, it will be severed and the remainder will remain in effect, except that if the class-action waiver is found unenforceable the consequence is as stated above.

27. GEOGRAPHIC TERMS

New Jersey residents. If you are a consumer residing in New Jersey, the Disclaimers, Limitation of Liability, Indemnity, and arbitration/governing-law provisions apply to you only to the extent enforceable under New Jersey law, and do not limit any rights you have that cannot be waived.

California residents. Under California Civil Code § 1789.3, California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or via phone on (800) 952-5210.

Canada. The following applies if you are a resident of, or your Booking originates in, Canada, and prevails over the body of these Terms where it conflicts, for those Bookings:

• All-in pricing. The total price we show you before you confirm includes all mandatory taxes, fees, and charges that apply to your Booking, as required by applicable provincial law (including Ontario Regulation 26/05).
• Your consumer rights. Nothing in these Terms limits or waives any right or remedy you have under applicable provincial consumer-protection law that cannot be waived by agreement.
• Dispute resolution and governing law. The arbitration agreement and class-action waiver in Section 26 apply to you only to the extent permitted by the law of your province of residence, and the mandatory consumer-protection rules of your province apply to the extent that law requires. Residents of certain provinces may have cancellation rights, which we will honor. For Québec customers, at least 30 days before any amendment of any provision of these Terms that increases your obligations or reduces ours takes effect, we will send a clear written notice setting out the amended clause, its effective date, and your right to refuse the amendment and rescind.
• Personal Information. By agreeing to these Terms, you also confirm that have read our Privacy Notice, which explains how we handle your personal information, and where required by applicable law consent to the collection, use, storage and disclosure of your personal information in accordance with its terms.
• Language (Québec residents). It is the express wish of the parties that these Terms and all related documents be drawn up in English. / Les parties conviennent expressément que les présentes conditions et tous les documents qui s'y rapportent soient rédigés en anglais. Where required by Québec law, we will make the French-language version available to you, and provide the standard clauses in French through the Interface or our website, before you are bound.
• Who is responsible for what. The Travel Provider is solely responsible for providing your travel and for its safety, quality, schedule, and performance. Duffel is responsible for handling your Booking accurately, for the information we give you about it, and for the disclosure obligations we owe you directly as an advertiser of the price of an air service under sections 28 through 31 of the Air Passenger Protection Regulations (Canada). We are not responsible for a Travel Provider’s acts, omissions, delays, cancellations, service failures, disruptions, denial of boarding, loss (including temporary loss) or damage of baggage, or insolvency. We strongly recommend you obtain comprehensive insurance coverage, including medical, cancellation, interruption, and baggage insurance.

28. CONTACT US

If you have questions or complaints about these Terms or the Services, contact us at [email protected]. We may monitor or record communications with our support team for quality-assurance and training purposes. For U.S. air-travel service complaints, you may also contact the U.S. Department of Transportation.