Scenset Terms & Conditions

Last updated: May 16, 2024

Hot air balloons in the sky

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

  1. Acceptance of Terms and Conditions

These Terms and Conditions (“Terms”), together with any applicable terms of our suppliers, are a binding legal agreement between you and Untrvld, Inc. doing business as Scenset (“Scenset,” “we,”, “our,” or “us”). These Terms govern your access to and use of any website (including www.scenset.com), mobile application we provide, any other online or offline services we provide (e.g., interacting with and booking through our travel team), or in any other interactions with you in which we otherwise reference these Terms (collectively, the “Services”).

By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms; (2) acknowledge that the collection, use, disclosure and other handling of information from the Services shall be as described in our Privacy Policy; and (3) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual (e.g., co-travelers on the same booking), you represent and warrant that you have the authority to bind that entity or individual, and your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that individual or entity, and such entity’s directors, officers, employees, and agents.

  1. Eligibility and User Accounts

Only individuals who are at least 18 years of age (or the age of the majority in the jurisdiction in which you live) and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the individual that you represent, are permitted to access the Services.

You may be required to create an account to access certain parts of the Services (each, an “Account”). To register for an Account, you may be required to provide us with certain information, such as a name and password. We may allow you to create an Account by signing-in via an existing account you have with a third party, such as Google, Apple, or Facebook (each, a “Third-Party Account”). By creating an Account, you represent and warrant that any information you provide is accurate, current, and complete, and you further agree to update the information in your Account to keep it accurate, current, and complete. If you create an Account by signing-in via Third-Party Account, you further represent and warrant that you have the right to the information in the Third-Party Account, and you are authorized to provide such information from the Third-Party Account to Scenset. You further understand any information provided to us by the Third-Party Account shall be processed by Scenset in accordance with our Privacy Policy.

You are solely responsible for safeguarding your Account credentials. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications we receive under your Account have been made by you. You must notify Scenset immediately of any breach of security or unauthorized use of your Account. Scenset will not be liable, and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Scenset or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You can delete your Account by written notice via e-mail to deletion-requests@scenset.com. Once you have deleted your Account, you will no longer have access to the Services. Be aware that we may retain certain personal information for legitimate business purposes or to comply with legal or regulatory obligations.

If Scenset has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. We also reserve the right to disable or close any Account at any time and for any reason or for no reason.

  1. The Scenset Services

  1. Your Trip

You have asked Scenset to plan a trip.  You understand that travel has inherent risk. You agree to assume the risks associated with your trip including but not limited to: forces of nature; weather; terrorism; civil unrest; war; strikes; local laws; accidents; and all matters involving transportation, including land vehicles, boats and aircraft that may not be operated or maintained to standards found in the United States. You also assume full responsibility for your baggage and personal possessions and effects.

You agree to assume all risks associated with your trip including illness, injury, loss, death, disease, and any other issues involved with travel. You understand that access to medical care, evacuation, and/or suitable medical support may be unavailable or delayed. Medical care in distant locations may not meet the same standards found in the United States. 

Scenset does not own or operate any entity which is a service provider for your trip. Scenset purchases transportation, accommodations, activities, dining and all other services from a variety of independent entities. Scenset is not responsible for the acts or omissions of any service provider.

You understand that unforeseen events beyond the control of Scenset may occur, such as transportation delays or cancellations, hotel issues, and other unexpected schedule changes. You agree that Scenset is not responsible for such unanticipated and unexpected changes, and that any costs and expenses resulting from such changes will be your sole responsibility.

You agree to take full responsibility for your and your party’s actions, safety and welfare, including unanticipated events including but not limited to injury, illness, theft, death, forces of nature, war and terrorism. You hereby release and discharge Scenset, and its agents, employees, directors, officers, and attorneys from and against any and all liability arising from your trip. You agree that this release will be legally binding upon you and your heirs, successors, assigns and legal representatives, it being your intention to fully assume all risk of travel and to release Scenset from any and all liabilities to the maximum extent permitted by law.


  1. Third Party Terms and Applicability of these Terms

In order to provide you with the Services, you may be required to agree to a third party’s separate terms (the “Third Party Terms”) that supplement or supersede  certain rights and obligations under Scenset’s Terms. In the event of a conflict between the Third Party Terms and Scenset’s Terms, the Third Party Terms shall govern with respect to the specific subject covered by the Third Party Terms, and all remaining aspects of your booking shall be governed by these Terms. 


  1. Trip Information

Scenset shall provide you with travel information and the basic elements of your trip. We build your trip based on availability and pricing at the time we create your itinerary. Travel availability and pricing is dynamic and may need to be adjusted as Scenset books each component of your trip with our suppliers. We will keep you advised of any changes. Trip offers are valid for the period of time stated in the offer. Trip offers may be withdrawn by Scenset before your acceptance. 

Scenset shall not be liable for, and your experience may not reflect, general promotional information as it may appear in photos, leaflets, advertisements, websites and other sources. 

In case flights are part of your itinerary, Scenset will inform you of the airline providing such services. The departure and arrival times  will be included in your itinerary, but may be subject to change by the particular carriers. Your contract for flights is at all times with the airline providing such service and subject to its terms and conditions. You are also responsible for checking-in for your flights on a timely basis.

Scenset will provide you with general information on your destination. However, you remain solely responsible for  complying with passport requirements, visa requirements, inoculations and vaccinations requirements, and other travel-related requirements from the relevant authorities. By way of example only, many countries require that your passport be valid for several months beyond the period of your expected stay. In addition, if a child is traveling with only one of their custodial parents, you may be asked at customs / border control  for a letter of consent from the other parent.

You acknowledge that any failure to comply with these requirements may result in you being denied boarding or an undue delay at airport security  or passport control. In some situations, these delays may cause you to miss flight(s) and scheduled travel bookings and tours. Scenset bears no responsibility for advising you about and/or obtaining required travel documentation for you. Scenset is also not responsible for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry. We are also not responsible for delays related to transportation of your baggage.

Scenset urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, alerts, warnings, announcements and advisories. Should you choose to travel to a country that has been issued a travel warning or advisory, Scenset will not be liable for damages or losses that result from travel to such destination.


  1. Traveler’s Obligations

You represent and warrant that you and everyone in your party is of adequate health for long-distance travel, and no one has any condition or disability that could prevent them from taking part in the trip or present a risk to themselves or others. As part of the booking process, you shall provide all information regarding yourself and the other travelers for which you book a trip (and to whom these Terms shall apply) that may be relevant to providing the Services By way of example only, you shall indicate any details regarding conditions (such as mobility) for your group of travelers that might affect the ability to participate in certain activities. 

If you fail to comply with your obligations to provide information, it may result in Scenset or a service provider excluding you or your co-traveler from participation in all or certain aspects of the trip. In such a case, all associated costs shall be charged to you and no refund will be provided. 

You are entitled to request changes to your trip after booking. Scenset shall take reasonable steps to facilitate such requests. Any costs related to such requested change shall be communicated upfront and charged to you. 

We strongly encourage you to obtain travel insurance for the trip. Your travel insurance  should cover, among other things, trip cancellation or interruption, medical expense, emergency evacuation/repatriation, and baggage loss. Travel insurance can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). Travel insurance often must be purchased in conjunction with your travel purchase. We also strongly recommend considering “cancel for any reason” coverage, if available. We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of offered insurance coverage. If you have any questions about your travel insurance, call your insurer or insurance agent or broker. Declining to purchase adequate travel insurance could result in the loss of your travel cost and/or require additional fees to correct the situation. You also acknowledge that without travel insurance coverage, you may be unable to recoup any losses, costs or expenses incurred if your trip is interrupted or canceled. 

As a traveler, you must behave responsibly. You will comply with all reasonable instructions issued by or on behalf of Scenset and you shall be liable for damage or loss caused by your actions or inactions. If you cause an unreasonable hindrance or nuisance during your trip, Scenset may exclude you from activities during your trip. 


  1. Substitution of Traveler

If requested, Scenset will attempt to substitute an existing traveler for a new traveler. We cannot guarantee our ability to do so. The following conditions apply to any substitution request: 

  1. You must submit the substitution request no less than thirty (30) days prior to departure; 

  2. You are responsible for any fees, surcharges, or other costs resulting from the substitution; and 

  3. The terms and conditions of the travel service providers do not preclude the substitution. 

Upon substitution, the new traveler will be subject to these Terms. Both you and the new traveler will be responsible for payment of the outstanding balance on your Account. 


  1. Termination by Traveler

We understand that sometimes plans change and you may need to terminate your travel plans before the start of the trip. We will take reasonable steps to have the various suppliers refund your payments. But we cannot guarantee success in doing so. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to provide a refund or for the supplier’s inability or refusal to do so. In addition, the remaining traveler(s) may be subject to a change in price based on the termination. 

Separately, you will also be obliged to compensate Scenset for the economic loss and opportunity cost for the time and effort arranging your travels  (the “Termination Fee”). Scenset will be entitled to the following amounts:

  1. up to 91 calendar days before the day of departure: Scenset will be entitled to retain an amount equal to twenty five percent (25%) of the full trip price;

  2. between 90 calendar days and the 31st calendar day (exclusive) before the day of departure: Scenset will be entitled to retain an amount equal to fifty percent (50%) of the full trip price;

  3. from the 30th calendar day (inclusive): Scenset will be entitled to retain an amount equal to one hundred percent (100%) of the full trip price.

By way of illustration only, if you booked a trip for $10,000 and terminated your trip up to 91 calendar days before the day of departure, Scenset would retain $2,500 as the Termination Fee, and the remainder would be refunded to you from our suppliers. The Termination Fee shall be apportioned pro rata for members of a travel group who terminate their part of the group reservation. By way of illustration, if 4 travelers booked the above trip, and one traveler canceled, the Termination Fee for that traveler would be $625 (i.e., 25% of 100% of the Termination Fee).

Certain destinations have more restrictive cancellation / termination policies, which will govern your reservation and be communicated to you prior to booking.

  1. User Content

We may allow you to upload or otherwise submit content through the Services (collectively and individually, “User Content”). We may use artificial intelligence, machine learning, or other technology to analyze User Content. We may use User Content to improve the Services, and for marketing and advertising purposes. 

You grant us a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, and perpetual license to store, reproduce, use, publish, publicly display, copy, modify, disclose, and create derivative works of your User Content in any media now known or not currently known to (a) operate, provide, improve, troubleshoot, and debug our Services, including any machine learning or algorithms informing the Services; (b) protect the Services; (c) customize the Services; (d) market and promote the services; and (e) develop or improve new products or features. 

Where you submit User Content, you will maintain any ownership interest you have in and to any such User Content. You are solely responsible for your User Content, and you represent and warrant that you have all rights necessary to provide us with User Content and for us to use, disclose, or otherwise process your User Content in accordance with these Terms, your Account choices and our Privacy Policy. You acknowledge and agree that Scenset may or may not, in its sole discretion, pre-screen or otherwise monitor User Content before or after they are uploaded into the Services, but has no obligation to do so. We reserve the right in our sole discretion, but do not assume the obligation, to reject, move, edit, or remove any User Content, including any User Content that violates these Terms or is otherwise objectionable.

  1. Modification of the Terms or the Services

Except for Section 19 providing for binding arbitration and waiver of class action rights, Scenset reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time by posting the updated version and updating the “Last Updated” date at the top of the page. You are responsible for reviewing and becoming familiar with any such modifications. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using the Services.

Scenset reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Scenset shall not be liable to you for any modification, suspension, or discontinuance of the Services.

  1. Additional Terms and Conditions

In order to access, use, or receive certain services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, using, or receiving those services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions"). 

Such Additional Terms and Conditions may be specific to (a) a supplier of the services, (b) a service or category of service, or (c) any combination thereof.

  1. Proprietary Rights and License to the Services

Subject to your compliance with these Terms and any other provisions governing your use of the Services, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial use only. Your use of the Services is at your own risk.

All right, title, and interest in and to the Services are and will remain the exclusive property of Scenset and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Scenset and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Scenset and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Scenset and such others.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Services or use of the Services for any purpose not expressly permitted by these Terms; any such use of the Services is strictly prohibited. Scenset reserves all rights not expressly granted by these Terms.

  1. Testimonials

You agree that we may contact you to obtain consent for a testimonial regarding the Services. In the event you choose to provide us with a testimonial, you consent to us using your provided testimonial, photo, first name, last initial, and similar information in marketing materials.

  1. Rules and Prohibitions

You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Scenset. Without limitation, you agree not to:

  • Create multiple Accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the source of any content transmitted through the Services;

  • Engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of Scenset, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights;

  • Violate any federal, state, or local law, statute, ordinance, or regulation;

  • Engage in any behavior that is defamatory, trade libelous, threatening or harassing including, without limitation, submitting derogatory or inappropriate User Content;

  • Provide Scenset with any data containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;

  • Scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;

  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;

  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein;

  • Attack, or attempt to attack the Services via a denial-of-service attack or a distributed denial-of service attack;

  • Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;

  • Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation;

  • Resell or make any commercial use of our system or the content on the Services without our prior written consent;

  • Use the Services in a way that violates or facilitates violations of these Terms, any other agreement or guidelines that govern use of the Services or attempt to do any of the foregoing directly or indirectly; 

  • Transfer any rights granted to you under these Terms;

  • Access the Services or content to build a similar or competitive website, product, or service; or

  • Attempt to indirectly undertake any of the foregoing.

    Scenset has the right to investigate and seek prosecution of violations of any of the above to the fullest extent of the law. Scenset may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

  1. Notice and Procedure for Making Claims of Copyright Infringement

Scenset respects the intellectual property rights of others. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:

  • Your name, address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • The exact URL or a description of where the alleged infringing material is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

UNTRVLD, Inc. 

ATTN: Copyright Infringement Notification

77 Geary Street, 5th Floor, San Francisco, CA 94108

legal@scenset.com

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

  1. Feedback

By sending us any feedback, comments, questions, or suggestions concerning Scenset, the Services, or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. 

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Scenset and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account, these Terms, the Services, or your participation in the Services.

  1. SMS Terms

By registering for the Services, you consent to receive communications from us, which may include calls and text messages to the mobile telephone number you provide to us. Depending on your relationship with us and consents received, we or our service providers send text messages to: (1) provide you with information you requested from us; (2) update you regarding your trips and other transactions with us; (3) respond to your customer service requests and other inquiries regarding your use of the Services; and/or send you marketing or promotional text messages.  

Any text messages we send to you are subject to the SMS Terms set forth in this section.  

  1. E-SIGN Disclosure  

By agreeing to these SMS Terms, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Scenset at deletion-requests@scenset.com with "Revoke SMS Electronic Consent" in the subject line.  To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Scenset at deletion-requests@scenset.com with deletion-requests@scenset.com your contact information and the address for delivery.  

  1. Consent to Receipt of Scenset Text Messages  

You may provide us with consent to send you text messages through our website or mobile application (e.g. by providing us with your phone number and signing up for text messages) or through communications or transactions with us (e.g. by initiating or agreeing to receive text message communications with customer service). By providing your consent, you agree to these SMS Terms, our Terms, and our Privacy Policy.  

By consenting to receive Scenset text messages, you agree that Scenset or its service providers may use any automated or non-automated technology to send you transactional and/or marketing text messages. You are not required to consent to marketing text messages as a condition of purchase.  Scenset may terminate any text messaging services or your participation in our text message program at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms will still apply.  

  1. Costs of Scenset Text Messages  

Scenset does not charge you for our text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.  

  1. Frequency of Text Messages  

We may send you one or more welcome messages or administrative messages, such as (in some cases), a request to confirm your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services (e.g. if you communicate with us through SMS, or if you send a HELP request).  

  1. Participating Carriers  

Scenset text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers. Scenset and the mobile carriers (for example, Verizon, AT&T and T-Mobile) are not liable for delayed or undelivered messages.  

  1. Eligibility  

By consenting to receive Scenset text messages, you represent that you are 18 years of age or older or the age of majority where you live and understand the obligations and agree to the terms set forth in these SMS Terms. You further represent that you are the subscriber of the mobile service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.  

  1. Opting Out of Scenset Text Messages  

To opt out of text messages, you must text STOP to that number. Text HELP to that number for help. After doing so, we may send you confirmation of your opt-out via text message. You further agree that texting STOP in response to our text message is the only reasonable method of opting out of our text messages. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than "STOP" or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.  

If you have revoked consent and want to re-enroll in our text message program, you can re-enroll by texting START.  

  1. Modifications to these SMS Terms  

We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Scenset's text messaging program shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

  1. Links to Third-Party Websites, Products, and Services

The Services may contain links or otherwise direct you to websites, applications, products, or services operated by other parties (“Third-Party Services”). If there are Third-Party Services or other resources linked on these Services, either by Scenset or a third party such as a user of the Services, those links are provided only for the convenience of our users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to or otherwise referenced on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

  1. Duration and Termination of Terms

Duration. The agreement between you and Scenset reflected by these Terms is effective when you access the Services (for example to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. Notwithstanding the fact of termination by you or Scenset, these Terms shall apply to any trips booked prior to the termination whether or not you have yet traveled.

Termination by Users. Users may terminate their Account by written notice via e-mail to deletion-requests@scenset.com. 

Termination by Scenset. At any time, with or without notice, for any or no reason, Scenset reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate any user’s Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.


Survival. All provisions which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination by Scenset or you. Termination will not limit any of Scenset’s other rights or remedies at law or in equity. 

  1. Indemnity and Release

You agree to release and to indemnify, defend, and hold harmless Scenset and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality. Scenset reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Scenset in the defense of such matter.

In the event that you have a dispute with one or more other users, you release Scenset, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

  1. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCENSET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SCENSET NOR ANY PERSON ASSOCIATED WITH SCENSET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SCENSET NOR ANYONE ASSOCIATED WITH SCENSET REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE SERVICES AND CONTENT PROVIDED THEREIN ARE NOT MEDICAL OR HEALTHCARE ADVICE.

YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT. SCENSET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

YOU WAIVE AND HOLD HARMLESS SCENSET FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SCENSET DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SCENSET OR LAW ENFORCEMENT AUTHORITIES.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third-party content or websites accessed through, or in any way in conjunction with, the Services.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SCENSET, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY APPLIES TO ANY ALLEGED OR ACTUAL LOSSES RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS; AND (c) ANY CONTENT OBTAINED FROM THE SERVICES.  SCENSET’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID SCENSET, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE SERVICES, INCLUDING THE CONTENT AVAILABLE WITHIN THE SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO SCENSET’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN SCENSET AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Arbitration and Class Action Waiver

PLEASE READ THIS “ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

  1. Informal Dispute Resolution Procedure

If a dispute arises between you and Scenset, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: legal@scenset.com. For any dispute that Scenset initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Scenset agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

  1. Mutual Arbitration Agreement

You and Scenset agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services such as User Content and Insights; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with Scenset, or any other dispute with Scenset, shall be resolved exclusively through binding arbitration in accordance with this Section 19 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 19(i). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Scenset expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 19, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Scenset agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 19(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND SCENSET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Class Arbitration and Collective Relief Waiver

YOU AND SCENSET ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 19(c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS SCENSET PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that this Section 19(c) is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Scenset from participating in a class-wide settlement of claims.

d. Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Arbitration Agreement” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

e. Initiating Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@scenset.com. If Scenset is initiating arbitration, it will serve a copy of the demand to the email address associated with your Account or the email that Scenset has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

f. Arbitration Location and Procedure

If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in San Francisco County, California, United States of America, unless you and Scenset otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Scenset submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Scenset (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

  1. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

  1. Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

  1. Right to Opt Out of the Arbitration Agreement

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS SECTION 19, THEN: (1) you must notify Scenset in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (2) your written notification must be mailed to Untrvld, Inc, 77 Geary Street, 5th Floor, San Francisco, CA 94108 or emailed to legal@scenset.com; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action Waiver” provisions by you and Scenset.

  1. Changes to this Arbitration Agreement

Scenset will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section, including by posting the change on the Services, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Scenset provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Scenset changes this "Arbitration and Class Action Waiver" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 19(i).

  1. Venue and Governing Law

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Scenset agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Santa Clara County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and Scenset shall be governed by the laws of the State of California without regard to conflict of law provisions.

  1. General

Entire Agreement. These Terms (and any additional terms, contracts, rules, and conditions that Scenset may post on the Services) constitute the entire agreement between you and Scenset with respect to the Services and supersede any prior agreements, oral or written, between you and Scenset. 

Waiver and Severability. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Scenset’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Scenset’s right to exercise or enforce the Terms as to the same or another instance.

Assignment. You agree that Scenset may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason.

Section Titles. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

Notice. Scenset may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Services or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. 

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

  1. Contact Us

Please contact us at legal@scenset.com for any questions about these Terms.