Thanks for taking the time to read these terms of use (the “Terms”). These Terms are important as they, together with your booking or purchase confirmation email, when applicable, (the “Confirmation”), set out the legal terms on which pedicab rides, tours, and other tourism and entertainment-related services and activities are made available to you through our Service. They also cover any interactions or communications you have with us through our Service.

Your use of our Service is subject to these Terms and it is a condition of using our Service that you accept these Terms. To book a service or activity, you must also accept these Terms. If you do not accept these Terms, then please do not use our Service or book a service or activity. 

We may make changes to these Terms by updating them at any time and your continued use of our Service after any changes come into effect will constitute your acceptance of the updated Terms. Any existing purchases or bookings will continue to be governed by the Terms that applied to your purchase or booking when the purchase or booking was made. We recommend that you save or print a copy of these Terms. 

Please read these terms carefully. In these Terms:

• “We", “us” or “our” refer to Petty Kings, LLC, having its registered office in the Commonwealth of Massachusetts, which provides our Service 

• "Content” refers to all text, descriptions, reviews, photographs, images, videos, software, and other content submitted to our Service 

• “Our Service” refers to the provision of our websites, apps, phone number, email address, and other means of requesting, purchasing, or booking pedicab rides, tours, and other tourism and entertainment-related services and activities.

• “Third-Party Provider” refers to the bike owners, bike operators, bike mechanics, boat owners, boat operators, boat mechanics, event venues, event staff, personal concierges, grocery shoppers, delivery drivers, dog walkers, and all other independent persons or entities involved in the marketing, procurement, preparation, coordination, facilitation or delivery of Services. 

• “Service or Activity” shall include all physical goods, activities, events or other services requested, booked, purchased, or otherwise acquired or coordinated through Petty Kings or that are provided, arranged, organized, conducted, marketed, sponsored, hosted, or authorized by Petty Kings through Our Service and various Third-Party Providers.

• “You” refers to you, the person using our Service. 

Section 1: Rules and Restrictions 

As well as these Terms, other terms and conditions provided by Third-Party Providers (such as a pedicab or boat owner or operator’s terms and conditions) also apply to your purchase or booking (“Rules and Restrictions”). To make a purchase or booking, you must accept the Rules and Restrictions of the Third-Party Provider that you select (such as payment of due amounts, cancellation policies, refundability, availability restrictions and use of fares or services, etc.). The relevant Rules and Restrictions are provided to you before you make a purchase or booking and are incorporated by reference into these Terms. If you violate a Third-Party Provider's Rules and Restrictions, your purchase or booking may be cancelled and you may be denied access to the relevant Service or Activity. You may also lose any money paid for such booking, depending on the Third-Party Provider's Rules and Restrictions. 

Section 2: Using Our Service 

We provide our Service to help you find information about Third-Party Providers and to assist you in purchasing and booking those Services and Activities. It is provided to you for no other purpose. 

You agree that: 

• You will only use our Service for personal and non-commercial purposes 

• You are at least 18 years of age and have the legal authority to enter into contracts 

• You will use our Service lawfully and in compliance with these Terms 

• All information supplied by you is true, accurate, current and complete 

• If you purchase or book on behalf of others:

• You will obtain their authorization prior to acting on their behalf 

• You will inform them about the terms that apply to the purchase or booking (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms

• You will be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the purchase or booking

• You also agree not to: 

• Make any false or fraudulent booking access

• Monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service 

• Take any action that imposes, or may impose, an unreasonable or large load on our infrastructure deep link to any part of our Service “frame”, “mirror” or otherwise incorporate any part of our Service into any other website. 

We may, acting reasonably, deny anyone access to our Service (or any other sites, apps, phone numbers, email addresses, tools and services you have access to) at any time for any valid reason. We may also make improvements and changes to our Service at any time. 

If you are redirected from our Service to a third-party purchasing or booking service to make a purchase or booking, please bear in mind that any purchases or bookings made through such a service will be with the third-party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you. 

Section 3: Confirming a Booking 

Your Purchase or Booking Confirmation includes the essential elements of your purchase or booking, such as the description of the Service(s) or Activity purchased or booked and the price. We will send your Purchase or Booking Confirmation and any relevant travel documents to the email address you provide. If you do not receive your Purchase or Booking Confirmation within 24 hours of submission, please contact us. 

Section 4: Payment

The price of the Service(s) or Activity will be as displayed on our Service, except in cases of obvious error. Prices are dynamic and can change at any time. Price changes will not affect purchases or bookings already accepted, except in cases of obvious error. We display many Services and Activities, and we try hard to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on our Service. If there is an obvious error and you have made a purchase or booking, we will offer you the opportunity to keep your purchase or booking by paying the correct price or we will cancel your purchase or booking without penalty. We have no obligation to make available Services or Activities to you at an incorrect (lower) price even after you have been sent a Booking Confirmation, if the error should reasonably have been apparent to you. 

Taxes 

The prices displayed through our Service may include taxes or tax recovery charges. Such taxes or tax recovery charges may include amounts associated with value-added tax, goods and services tax, sales tax, occupancy tax and other taxes of a similar nature. Taxes or tax recovery charges are generally calculated or estimated on the prices displayed through our Service before any discounts (including those funded by us), coupons and loyalty rewards that may be applicable to your booking, unless those discounts, coupons and loyalty rewards are considered as a reduction in price for the purposes of calculating or estimating taxes in the relevant jurisdiction for the booking. 

You acknowledge that except as provided below with respect to tax obligations on the amounts received from you, including facilitation fees and service fees where applicable, our Service does not collect taxes for remittance to applicable taxing authorities. The Third-Party Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by jurisdiction. Sales, use and/or local taxes are imposed on the amounts that we charge for Services and Activities in certain jurisdictions. The actual amount imposed on services provided by us may vary depending on the rates in effect at the time the services are provided by the Third-Party Providers.

In certain jurisdictions, we are responsible for collecting and remitting sales, use and/or local taxes for the entire price, including the amounts we charge for our Service as well as the Services or Activities provided by the Third-Party Provider. In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities (such as city taxes or tourist taxes, etc.). We or the Third-Party Provider may charge you such local taxes. We will notify you of any local taxes that will be payable by you before you complete your purchase or booking, where such taxes have been notified to us or by the Third-Party Provider. The amount of local taxes can change between the purchase or booking date and Service or Activity date. If taxes have changed, you may be liable to pay taxes at the higher rate. 

Payment Verification 

You authorize us or the Third-Party Provider to verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and on verification, charge your payment method. 

Fees Charged by Banks 

Some banks and card issuers impose fees for international or cross-border transactions. For example, if you make a booking using a card issued in a different country from the Third-Party Provider’s location or you choose to transact in a currency that is different from the local currency of our Service, your card issuer may charge you an international or cross-border transaction fee. Also, some banks and card issuers impose fees for currency conversion. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank or card issuer. We are not associated or responsible for any fees relating to varying exchange rates and card issuer fees. 

Currency Conversion 

Any currency conversion rates displayed on our Service are based on public sources and current exchange rates, which may vary between the time a booking is made and the time of travel. Such rates are provided for information purposes only and, while we seek to provide information that is correct, we ds not guarantee the accuracy of such conversion rates because they are not within our control. 

Alternative Payment Methods 

We may work with providers of alternative payment methods (such as consumer finance companies), to provide our travelers with alternative payment methods. We do not endorse or recommend any alternative payment provider or their products or services. We are not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies. 

Fraud

If a purchase or booking shows, in our reasonable view, signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request additional information from you. If we reasonably conclude that a purchase or booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may: cancel any purchases or bookings associated with your name, email address or account close any associated accounts, and take legal action, including to seek to hold you liable for any loss. Please contact us about the cancellation of a purchase or booking or closing of an account. 

Section 5: Cancelling or Changing a Purchase or Booking

Cancellation or Change by You 

Cancellations or changes to a booking can be made by contacting us via phone or email. You do not have an automatic right to cancel or change a purchase or booking unless allowed by the relevant Third-Party Provider under their Rules and Restrictions (which are provided to you before you make a booking). Third-Party Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Services or Activity. Prices tend to increase the closer to the date that the change is made. Please read the relevant Rules and Restrictions, so you know which terms apply to your purchase or booking. 

Other Cancellation or Change 

We (and the relevant Third-Party Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due. For a variety of reasons (such as a Service or Activity being overbooked, inclement weather, etc.), it is possible that a booking may be cancelled or changed by the Third-Party Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible or a refund. 

Refund 

Any refunds will be transferred back to you to the payment method you used to make the original purchase or booking. Such refunds will be made by the party that took your original payment. We do not have visibility of a Third-Party Provider’s refund process. Our fees are not refundable unless this is stated otherwise during the booking process. 

Section 6: Specific Terms 

This Section provides details of the terms relevant to the specific Services and Activities provided by us and our Third-Party Providers. These details are not exhaustive and do not replace the relevant Rules and Restrictions, which are provided to you before you make a purchase or booking. Each Service or Activity is subject to the relevant Rules and Restrictions of the Third-Party Provider. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions prevail. 

Our Service may provide you with the option to Pay Now or Pay at Time of Service or Activity. Please note that taxes and fees may vary depending on which payment option you choose. Tax rates and foreign exchange rates may change in the time between purchase or booking and your Service or Activity. 

Pay Now 

If you select the Pay Now payment option, we will charge the purchase or booking amount to your payment method. We facilitate purchases and bookings made available through our Service. You acknowledge that we facilitate such bookings for a consideration (the “facilitation fee”). The rates displayed through our Service is a combination of the amount charged by the Third-Party Provider (for their services or activity) and the facilitation fee (charged and retained by us). We may also charge and retain separate service fees as additional compensation in servicing your purchase or booking, which may vary based on the amount and type of purchase or booking. You agree that your payment method will be charged by us for the total booking amount, which includes the rate displayed through our Service, plus tax recovery charges and service fees or, where applicable, taxes on the rates and/or services provided by us. On making your purchase or booking request you authorize us to facilitate the purchase or booking on your behalf, including making payment arrangements with Third-Party Providers. 

Pay at Time of Service

If you make a purchase or booking that requires payment at time of service, you will be required to provide payment directly to the Third-Party Provider in the local currency at the time of your Service or Activity or as otherwise notified to you during the purchase or booking process. Most Third-Party Providers accept cash (USD), as well as credit card or other electronic payments via Venmo, PayPal, or Apple Pay.

Deposit 

Some Third-Party Providers require a payment card or cash deposit to cover extra expenses or damages incurred during your Service or Activity. Such deposit is not related to any payment received by the relevant company for your purchase or booking. 

Group Bookings 

You may not purchase or book Services or Activities for more than 8 individuals through our Service for the same dates. If you book for more than 8 individuals in separate purchases or bookings, we may cancel your purchases or bookings. We may also charge you a cancellation fee and if you paid a non-refundable deposit, such deposit may be forfeited. If you want to purchase or book Services or Activities for more than 8 individuals, please book through the “Events & Special Occasions” section via our Service. You may be asked to sign a written contract or pay a non-refundable deposit. 

Ratings 

Ratings shown through our Service indicate what you might expect from properties displaying that rating level, including (where applicable) through local and national star rating organizations. These may differ from standards in your own country. Site displayed ratings do not represent or promise any particular feature or amenity. These guidelines are subject to change, and we cannot guarantee the accuracy of any specific rating displayed from time to time through our Service. 

Meals 

If meals are part of your purchase or booking, the number of meals included depends on the number of individuals specified in your purchase or booking. No refunds will be available if one or more meals are not consumed. 

Insurance 

Unless otherwise stated, prices displayed do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain risks (such as the cost of repatriation in the event of an accident or illness). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information and terms and conditions will be shown on our Service. 

Section 7: Liability & General Release

Our Liability 

We own and operate our Service and the Third-Party Providers provide the Services or Activities to you. To the maximum extent permitted by law, we accept no liability for: 

• Any such Services or Activities that the Third-Party Providers make available to you 

• The acts, errors, omissions, representations, warranties or negligence of any such Third-Party Providers

• Any personal injuries, death, property damage or other damages or expenses resulting from the above. 

The Third-Party Providers provide us with information describing the Services or Activities. This information includes Service or Activity details, photos, rates and the relevant Rules and Restrictions, etc. We display this information through our Service. The Third-Party Providers are responsible for ensuring that such information is accurate, complete and up to date. We will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies (and this also includes property ratings which are intended as guidance only and may not be an official rating). We make no guarantees about the availability of specific Services or Activities. Photos and illustrations on our Service are provided as a guide to show you the level and type of Service or Activity only. 

Our Service, including all information, content, services, functions made available on or accessed through our Service, is provided “as is”. To the maximum extent permitted by law and except as expressly set out in these Terms, all information, software, content, services, functions, Services or Activities displayed or made available through our Service, or any products or services or hypertext links to third parties, or the transmission of sensitive information through our Service or any linked site, are provided without any express warranty or condition of any kind. The display of Services or Activities through our Service is not an endorsement or recommendation of such Services or Activities by us. We disclaim, to the maximum extent permitted by law, all warranties and conditions that: our Service, its servers or any email sent from us are free of viruses or other harmful components, and/or any materials or content contained in our Service, its servers or any email sent from us will be uninterrupted or error free or that defects will be corrected. 

To the maximum extent permitted by law and subject to the limitations in these Terms, we will not be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from: the Services or Activities, the use of our Service, any delay or inability to use our Service, or your use of links from our Service, whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages. If we are found liable for any loss or damage under these Terms, then, subject to the exceptions and limitations in these Terms and to the maximum extent permitted by law, we shall only be liable to you for direct damages that were reasonably foreseeable by both you and us, actually suffered or incurred by you, and directly attributable to the actions of us.  In the event of any liability of us, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Services or Activities in question or (b) one-hundred dollars (US$100.00) or the equivalent in local currency. This limitation of liability reflects the allocation of risk between you and us. The limitations specified in these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us. 

Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations. Indemnity You agree to fully compensate us, our employees, and other people officially acting on its behalf, for any damages, losses, fines, costs or expenses (including reasonable legal and accounting fees), of any kind (“Losses”) that they incur or are liable for as a result of a claim being alleged or brought against them by a third party because of: your breach of these Terms or the documents referenced in them, your violation of any law or the rights of a third-party, your use of our Service, or the Services or Activities booked through our Service, and/or any Content you provide or submit in connection with our Service, but only to the extent that the Losses are not directly caused by the actions of us. You will cooperate as fully as reasonably required if we are defending a claim. We reserve the right to defend and take full control of any matter or claim that you are fully compensating us (and its employees, and other people officially acting on its behalf) in respect of, and you agree not to settle any matter or claim without our written consent. We will promptly provide notice to you of any such claims. 

General Release 

If you have a dispute with one or more Third-Party Providers (including any dispute regarding any purchase, booking, transaction or Content), or any third-party website that may be linked to or from or otherwise interact with our Service, you agree that you will not involve, hold liable, or make any claim against, (including for Losses or compensation), Petty Kings, LLC, its employees, and other people officially acting on its behalf, in any way in respect of the dispute. This paragraph will not apply when the Third-Party Provider is us or to the extent that any such dispute is directly caused by us. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”. 

Section 8: Content 

By submitting (or authorizing the submission of) content to our Service, you grant us, a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such Content in any media, now known or later devised, for any purpose. You acknowledge and agree: for any Content that you submit (or authorize others to submit) to our Service, that you have the legal right and authority to do so, and to the extent that the Content you submit (or authorize to submit) to our Service contains trademarks or other protected names or marks, that you have the legal right and authority to use such names, or marks. You also grant us the right to legally pursue any person or entity that violates any intellectual property rights in, or attributable to, your Content. 

You also acknowledge and agree that: we may choose to use the first name that you submit with any Content to attribute your Content (for example, listing your first name and hometown on a review that you submit) at its reasonable discretion in a non-identifiable format. Such Content may also be shared with the Third-Party Providers. any Content you submit, or authorize to submit, to our Service is non-confidential and non-proprietary any Content you submit, or authorize to submit, to our Service is not misleading or deceptive or likely to deceive or mislead any person by submitting communications or Content to us, no confidential, fiduciary, contractually implied or other relationship is created between you and us, other than pursuant to these Terms, and you are fully responsible for your Content and all Content submitted by you must comply with our Content Guidelines. If possible, in the event that you retain any rights of attribution, integrity or any other moral rights in any Content, you agree to waive your right to assert these or to require that any personally identifying information be used in connection with the Content, or any derivative works thereof, and affirm that you have no objection to the publication, use, modification, deletion or exploitation of your Content by our Group of Companies or any of our licensees. 

We may exercise our rights (for example: to use, publish, display, delete, etc.) to any Content without notice to you. We claim no ownership or endorsement of, or affiliation with, any of your Content. 

Section 9: Intellectual Property Policy and Notices 

Copyright and Trademark Notices 

All contents of our Service are ©2065 Petty Kings, LLC. All rights reserved. Petty Kings logo are trademarks of Petty Kings, LLC. Other logos and product and company names mentioned on our Service or these Terms may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us. Our Service, and all content and information on our Service, is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of our Service, in whole or in part, including the copying of text, graphics or designs, is prohibited. 

The Google® Translate tool may be made available through our Service to enable you to translate content, such as user-generated reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. We do not make any promises, assurances or guarantees on the accuracy or completeness of the translations provided by Google® Translate. Download info from our Service You agree to abide by any and all copyright notices, information or restrictions contained in, or relating to, any content on our Service. 

Copying, storing or otherwise accessing our Service or any content on our Service other than for your personal, non-commercial use (other than in accordance with a valid listing) is expressly prohibited without our prior written permission. Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators. If you are aware of an infringement of our brand, please let us know by emailing us at info@gopetty.com. We only address messages concerning brand infringement at this email address. Intellectual property infringement policy and complaints We respect the intellectual property rights of others and do not permit, condone or tolerate the posting of any Content on our Service that infringes any person’s intellectual property rights. We reserve the rights to terminate, in appropriate circumstances, our relationship with anyone who is the source of repeated intellectual property infringement on our Service. 

Our products and services, including apps, software, web services, and content containing images, texts and videos are owned by us or by third parties who have given us permission to use the items. If you are aware of an infringement of intellectual property on our Service or believe your Content has been improperly posted or made available on our Service, please note the requirements and instructions for filing copyright and trademark complaints can be found at “Intellectual Property Infringement Complaints” located here.

Social Media / Third-Party Websites 

In this Section “Social Media” means websites and applications that enable individuals to create and share content or to participate in social networking, including but not limited to websites and applications such as X (formerly Twitter), Meta, Facebook, Instagram, Snapchat etc. If our Service offers a service that allows us to access or use any profile or other information about you that you have provided to a Social Media site and you decide to use such tool or service, you acknowledge and agree that: the information or content that is a part of your Social Media site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with our Service the Social Media Content will be considered Content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to your Content under these Terms in the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse, and the operation of your profile and account with and on the Social Media site shall continue to be governed by the terms and conditions and privacy policy of such Social Media site. 

Reporting Brand Fraud and Scam Activities 

We work hard to stay ahead of scammers and protect the customer experience. Here are some things our team will never do: 

• Request a gift card in exchange for Services or Activities. 

• Call or send an email asking for account passwords. 

• Request other personal information unrelated to a previous service issue. 

• Request wire transfers or payment information through text message. 

If you encounter any of the above when talking to someone purporting to be our representative, please end the conversation and report to us as soon as possible by contacting us at info@gopetty.com. 

Section 10: Software Available on Our Service 

Software 

Any software made available to download from our Service or a mobile app store ("Software"), is the copyrighted work of us or our suppliers, or is licensed for public distribution. Your use of the Software is governed by the terms of the end user license agreement (if any) which accompanies the Software ("License Agreement"). You must first agree to the License Agreement to install, download or use any Software. For any Software not accompanied by a License Agreement, we grant you a limited, personal, non-exclusive, non-transferable and non-sub-licensable license to download, install and use the Software for using our Service in line with these Terms and for no other purpose. The Software is provided to you free of any fees or charges. All Software (such as all HTML code and Active X controls, etc.) contained on our Service, is owned by us, or our suppliers, or is licensed for public distribution. 

All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is prohibited by law and may result in severe civil and criminal penalties. Anyone who violates this may be prosecuted. Without limiting the above, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement. 

Map Terms 

Your use of mapping available on our Service is governed by the Google Terms of Use, Google Acceptable Use Policy, Google Legal Notices and Google Privacy Statement and the Microsoft Terms of Use and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion, in accordance with their Terms of Use and Privacy Statements (as applicable). OpenStreetMap geo data used in mapping is © OpenStreetMap contributors and available under theOpen Database License (ODbL). 

Section 11: Disputes and Arbitration 

Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law. We are committed to customer satisfaction and to resolving consumer disputes in a timely and efficient manner. 

We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration. 

Agreement to Arbitrate (“Arbitration Agreement”) 

You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Statement, any services or products provided by us or any of our subsidiaries, Travel Providers, or companies offering products or services through us, any dealings with our agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Third-Party Providers, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). 

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of our Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

Small Claims Court Matters 

Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing. No class actions or representative proceedings You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial. Arbitration rules and governing law This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Massachusetts, regardless of conflict of laws principles, except for claims arising in the state of California in which event, the arbitrator shall apply the law of California. The FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing. 

Mandatory Pre-Arbitration Dispute Resolution and Notification 

Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution. You must send a written and signed Notice of Dispute (“Notice”) via email to info@gopetty.com or by certified mail addressed to: Petty Kings, LLC, 125 Church Street Suite 170 #1019 Pembroke, MA 02359.

The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your purchase or reservation, when applicable (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature. 

If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. 

Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section. 

Commencing Arbitration

To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879. A party initiating an arbitration against us must send the written Demand for Arbitration to Petty Kings, LLC, 125 Church Street Suite 170 #1019 Pembroke, MA 02359 concurrent with filing the Demand with AAA. 

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission. Attorneys’ fees and costs Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. 

In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 

Arbitrator’s Decision 

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Severability and survival If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration. Traveler support and the handling of complaints We are here to help you with any queries or complaints you have in relation to your purchase or booking. 

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws. 

Failure to Invoke 

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future. Unenforceable provisions If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected. 

Entire Agreement 

These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service. 

Assignment 

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms. However, we will not do so in such a way as to reduce any rights or guarantees you have under these Terms.

Third-Party Rights 

Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms. 

Survival of Obligations 

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.