Terms of Service

Last Updated: August 12, 2024

Welcome to Savanti Travel! These Terms of Service (the “Agreement”) are entered into by and between Savanti Travel LLC, a California limited liability company (“Savanti,” “we” or “us”) and the person agreeing to these terms (“you”). This Agreement applies to your and, as applicable, your immediate family’s (i.e., your spouse and children) use of our Services (as defined below) and your purchase of Services from us. You may signify your acceptance and agreement to the Agreement, including the disclaimers below, liability limitations noted, and mandatory arbitration provision outlined, by either checking the “I Accept” box. This Agreement is eﬀective as of the date you check the “I Accept” box (the “Eﬀective Date”). If you do not agree to the Agreement, do not check the “I Accept” box.

We reserve the right to change or revise the Agreement at any time, in our sole discretion. If we make changes to the Agreement, we will provide you with notice of such changes, such as by sending an email notification. If you do not accept the changes, you must stop using the Services. Your continued use of our Services after we send you notice of our changes to the Agreement means that you are consenting to the updated Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms that apply when you use our Services and purchase Services from us. This Agreement is the entire agreement between you and Savanti regarding the Services, superseding all other agreements between you and Savanti with respect to the Services, whether oral or written.

We provide our experience, research, guidance, and connections to trusted providers to assist in satisfying your travel needs and the travel needs of your immediate family (the “Services”). You are responsible for the ultimate choices for your travel as well as for booking and paying for your travel, lodging, and activities. We do not ordinarily assist in booking activities (i.e., Broadway shows, dining reservations, etc.), though we may from time to time, in our sole discretion, assist in booking such activities.
For the Services, you agree to pay us a mutually agreed monthly, quarterly or annual fixed fee (the “Fee”), payable in advance at the beginning of each period. The Fee is non-refundable and does not roll over, regardless of whether you request any Services during that period. We may, upon thirty (30) days prior notice, change the amount of the recurring Fee on a going-forward basis. We generally review and adjust our Fee structures at the end of each calendar year, and will notify you if your Fee is changed based on scope changes or cost of living adjustments . If you do not agree to the new Fee, you may terminate the Services as set forth in the section below titled Terms and Termination or readjust scope of work. In addition to the Fee, you are responsible for (i) all costs associated with carriers, hotels and other suppliers providing travel or other services to you and your immediate family and (ii) all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder. We are not responsible for the cancellation of any service or refunds from suppliers or vendors that may cease operations, whether temporarily or permanently, for any reason. We will not be responsible for refunds of travel services we have booked, including Payment.

You agree to provide us with current, complete, accurate and authorized payment information (e.g. credit card or ACH). You represent and warrant to us that you are authorized to use the designated payment method and you hereby authorize us to (i) charge such payment method for the total amount of Fees (including any applicable taxes and other charges) when due, (ii) charge such credit card or other payment method on a periodic recurring basis in accordance with the terms set forth herein, (iii) use a third-party to process such payments, and (iv) disclose such payment information to such third-party. In the event we are unable to process payment for any amounts owed, we may suspend or terminate the Services at any time following such payment failure. You may also elect to auto-pay the Fee via ACH debit from your bank account by completing our Authorization Agreement for Automatic Payment via ACH. If you have elected to auto-pay the Fee you authorize us to automatically debit your bank account on a recurring basis, and to store your payment method for future payments. The amount of each monthly recurring payment will be the full Fee, and any additional charges for services, vendors or other expenses which we have notified you of in advance. The charge will be made no earlier than two (2) days before the due date. If you terminate your authorization you will be responsible for scheduling payments for subsequent monthly charges.

Terms and Termination. Membership Term & Commitment: Membership with Savanti Travel is oﬀered on a 12-month commitment basis. By enrolling, members agree to a minimum term of twelve (12) consecutive months of service, billed monthly, quarterly, or annually depending on the selected payment plan. Quarterly and annual plans are oﬀered to Signature members during their first year of membership and oﬀered to Elite members for the second year of membership and thereafter.
Renewal: Membership will automatically renew at the end of the 12-month term unless written notice of non-renewal is provided at least 30 days prior to the renewal date.
Cancellation & Early Termination: Early termination is not permitted during the initial 12-month term except in the case of significant life changes (e.g., serious illness), which will be reviewed on a case-by-case basis. If early termination is requested without an approved exception, the remaining balance for the full term may still be due.
Notice of Cancellation: After the initial 12-month term, members may cancel their membership with 30 days’ written notice. Services will continue through the end of the final billing period.
From time to time during the Term, either party (as the “Disclosing Party”) may disclose or make available to the other party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed, or, if by its nature, should reasonably be understood to be confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this agreement; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information; or (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable eﬀorts to notify Disclosing Party of such requirements to aﬀord Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. Notwithstanding the foregoing, we will not be liable for (i) a data breach of any system used by us or any third-party with whom we interact in performance of the Services or (ii) any disclosure of Confidential Information by us that required to be disclosed in order for us to perform the Services. For purposes of this Section 5, the “Receiving Party’s Group” shall mean the Receiving Party’s aﬃliates and its or their employees, oﬃcers, managers, members, partners, agents, independent contractors, sublicensees, subcontractors, attorneys, accountants, and financial advisors.

Independent Contractor. The method and manner we employ to perform the Services is under our sole Nothing in this Agreement gives you the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. We are for all purposes under this Agreement an independent contractor and in no event will we be considered your agent or employee for any purpose.
Limited Warranty. Savanti warrants that it shall perform the Services (i) using personnel of commercially reasonable skill, experience, and qualifications; and (ii) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. Except as set forth in the immediately preceding sentence, Savanti (a) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO THE SERVICES; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. SAVANTI DOES NOT GUARANTEE YOUR SATISFACTION WITH ANY ELEMENT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE TIMELINESS AND PRICE OF ANY TRAVEL YOU UNDERTAKE THROUGH THE SERVICES, THE ABSENCE OF ANY DELAYS OR ADDITIONAL EXPENSES ASSOCIATED WITH YOUR TRAVELS, YOUR ENJOYMENT OF ANY EXCURSION OR ACTIVITY BOOKED THROUGH THE SERVICES, THE ABSENCE OF ANY SICKNESS OR INJURY BY YOU OR YOUR IMMEDIATE FAMILY DURING YOUR TRAVEL. Our sole and exclusive liability and your sole and exclusive remedy for our breach of the limited warranty set out in this section shall be our reperformance of the aﬀected Services. If we cannot reperform the services in compliance with the warranty set forth above within a reasonable time after your written notice of such breach, you may, at your option, terminate the Agreement as set forth in Section above.

Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAVANTI, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, COMPENSATORY, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SAVANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES TO YOU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SAVANTI. THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COVERED PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.IN NO EVENT SHALL THE COVERED PARTIES’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO SAVANTI PURSUANT TO THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Mandatory Arbitration. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, eﬀect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in San Francisco, California, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration.

Each of the parties hereto shall use commercially reasonable eﬀorts to, from time to time at the request, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary to carry out the provisions of this Agreement and give eﬀect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth above (or to such other address that the receiving party may designate from time to time in accordance with this Section). This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with, the laws of the state of California, (including its statutes of limitations), without giving eﬀect to any conflict of laws provisions thereof that would result in the application of the laws of a diﬀerent jurisdiction. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not aﬀect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement (“Right(s)”) is eﬀective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise; provided that, the parties intend that the remedy set out in Section 7 (Limited Warranty) is your exclusive remedy for our breach of the limited warranty set out in Section 7. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third party beneficiaries under this Agreement. Sections 7 – 11 of this Agreement, as well as any other provision that, in order to give proper eﬀect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination. This Agreement may be executed in counterparts.

Force We are liable or responsible to you, nor we will be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-out, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays aﬀecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

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