Trip Tiger Terms and Conditions
Last updated: December 17, 2021
By accessing or using this website or contacting any of our representatives or agents, you agree that the Terms of Use Agreement then in force shall apply. If you do not agree to this Agreement, do not use this website or contact any of our representative or agents.
This is a legal agreement (“Agreement”) between you and Island Shale LLC (hereinafter referred to as “Trip Tiger Owner”), the owner and developer of TripTigerHelp.com. By registering for any service provided on TripTigerHelp.com, you become a client (“Client”) and you agree to be bound by the terms (the “Terms”) of this Agreement for as long as you remain a Client. From time to time, Trip Tiger Owner and Client may be referred to herein as the “Parties”. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY TRIPTIGERHELP.COM SERVICE. The Terms are subject to change at any time, effective upon notice to you via email and/or a prominent notice on the website.
- Limitations of Liability and Indemnification. By using any services provided by TripTigerHelp.com, you agree that in no event will TripTigerHelp.com, Trip Tiger Owner, its and their officers, employees, agents, affiliates, licensees, and/or web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing TripTigerHelp.com and using any of the services available therein. Your sole remedy for any breach or default of this Agreement by TripTigerHelp.com or Trip Tiger Owner shall be a return of any fees paid to TripTigerHelp.com or Trip Tiger Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless TripTigerHelp.com, Trip Tiger Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of TripTigerHelp.com, including any breach by you of the Terms contained in this Agreement.
The TripTiger Process.
- Describe the issue you faced with the airline using TripTiger’s secure website. We will need your contact information, your flight information, and a description of the service issue or issues you faced (delayed flight, lost or delayed baggage, cancelled flight, denied boarding, cabin downgrade, or other service issue).
- Give us as much detail as you can. The more detail you can provide (frequent flyer info, baggage claim number, airline employee name, etc.) and the more thoroughly you can document the costs that you incurred because of the service issue, the better.
- Hire TripTiger to be your advocate. For a flat fee (currently $30; sometimes referred to herein as the “Consultation Fee”), Trip Tiger will initially assess your claim for merit and potential compensation and subsequently submit your issue to the right customer service group at the airline and handle it from inception to resolution with a 100% money-back satisfaction guarantee (the “Trip Tiger Guarantee”, as hereinafter defined).
As your advocate, Trip Tiger will take these steps:
- Assess your issue. Drawing on our decades of experience in the airline industry, we will advise you what the most likely outcome of your case will be. You will get an email with our initial assessment before we contact the airline.
- Frame your issue in the terms most likely to get you the desired resolution from the airline.
- Contact the airline on your behalf and handle any back and forth required to resolve the issue. Note that Trip Tiger cannot guarantee the length of time it will take for the airline to assess a claim and reply. US DOT Regulations allow airlines up to sixty (60) days to provide a substantiative reply to a written complaint.
- Evaluate the airline’s response or offer of compensation and tell you if it is reasonable based upon our many years in the industry handing service issues at flagship carriers.
- If you are not happy with the proposed resolution, your TripTiger representative will reengage with the airline one additional time at no cost. Note: while Trip Tiger guarantees that the airline’s response will align with our initial evaluation (see the Trip Tiger Service Guarantee, below), the airline’s response may not necessarily meet your expectations. Trip Tiger does not assume liability for your dispute with an airline.
- 3. Compensation Goes Directly to You. If the airline has agreed to compensation in the form of refunds, miles, credits, or vouchers, the compensation will be paid directly to you. If you do not get the promised compensation from the airline, contact your Trip Tiger representative, and he or she will follow up to assure that you get what the airline has promised.
Please keep in mind that not all situations will result in compensation from the airline, so Trip Tiger cannot guarantee that you will receive compensation of any kind. However, we still feel that it is important that airlines know when they have not lived up to their customer’s expectation, that way they can improve their service and get it right the next time.
- 4. The TripTiger Service Guarantee. If the eventual compensation offered to you by the airline is materially less than Trip Tiger’s initial assessment (and all of your provided information was true, correct, and complete) and you are unhappy with the level of service provided by Trip Tiger, we will be happy to provide you a full refund of any fees paid to Trip Tiger (the “Trip Tiger Guarantee”).
- 5. Not an Agent. The Parties hereto understand and agree that both Parties are acting on their own behalf, and not as a broker, agent, employee, or contractor of the other Party. The relationship between the Parties shall not create any agency, partnership, joint venture, or other legal relationship between the Parties
- Do Not Rely on TripTigerHelp.com. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from TripTigerHelp.com or Trip Tiger Owner. Except as provided in the Trip Tiger Guarantee, TripTigerHelp.com and Trip Tiger Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
- Ownership, Copyrights, Trademarks, Licenses. TripTigerHelp.com and Trip Tiger Owner own and retain all proprietary rights to the TripTigerHelp.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of TripTigerHelp.com and Trip Tiger Owner. By posting information to TripTigerHelp.com and Trip Tiger Owner you represent that you have the right to grant permission for use by TripTigerHelp.com and Trip Tiger Owner.
- No Warranties. TripTigerHelp.com and Trip Tiger Owner provide the TripTigerHelp.com services on an “as is” basis and do not make any warranty, express, implied, limited, or other with respect to the services provided (except for the Trip Tiger Guarantee, as hereinbefore defined). Specifically, TripTigerHelp.com and Trip Tiger Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
- Arbitration and Jurisdiction.
- All disputes arising out of, or in connection with, this Agreement or any determination required to be made by the Parties as to which they cannot reach an agreement shall be settled by binding arbitrationin Fort Worth, Texas. Any matter to be submitted to arbitration shall be determined by a panel of three (3) arbitrators, unless otherwise agreed by the Parties. Each arbitrator shall be a person experienced in the subject matter of the dispute and shall be appointed:
(i) by mutual agreement of the Parties; or
(ii) failing such agreement, within sixty (60) days of the request for arbitration, each party shall appoint one arbitrator, and the third arbitrator shall be appointed by the other two arbitrators, or, if they cannot agree, by a Judge of the United States District Court, Northern District of Texas, located in Fort Worth, Tarrant County, Texas.
- In the event of the failure or refusal of the Parties to appoint the arbitrator(s) within one hundred twenty (120) days of the request for arbitration, the arbitrator(s)remaining to be named shall be selected in accordance with the Rules of the American Arbitration Association.
The arbitration shall be conducted in accordance with reasonable rules established by the arbitrators. Any award by the arbitrator shall be final, binding, and non-appealable, and judgment may be entered thereon in any court of competent jurisdiction. All arbitration fees shall be borne equally regardless of which Party prevails. Each Party shall bear its own costs of legal representation and witnesses.
- Except for proceedings to preserve property pending determination by the arbitrator or to enforce judgment entered on an award, the mandatory exclusive venue for any judicial proceeding permitted in the agreement is the United States District Court for the Northern District of Texas located in Fort Worth, Tarrant County, Texas. If the United States District Court does not have subject matter jurisdiction, venue shall lie in any state court in Fort Worth, Tarrant County, Texas. The Parties consent to the jurisdiction of these courts and waive any defenses they have regarding jurisdiction or venue.
- Confidentiality.
(i) The Parties agree that any Dispute and any negotiations, mediation, and arbitration proceedings between the Parties in relation to any dispute, including their existence, content, or results, shall be confidential and will not be disclosed to any third party.
(ii) The Parties further agree that any information, documents, or materials produced for the purposes of, or used in, negotiations, mediation or arbitration of any Dispute shall be confidential and will not be disclosed to any third party.
(iii) Without prejudice to the foregoing, the Parties agree that disclosure may be made:
(a) In order to enforce any of the provisions of this Agreement including without limitation, the Parties agreement to arbitrate, any arbitration order or award and any court judgment.
(b) To the auditors, legal advisers, insurers and Affiliates of that Party to whom the confidentiality obligations set out in this Contract shall extend.
(c) Where that Party is under a legal or regulatory obligation to make such disclosure but limited to the extent of that legal obligation in the written opinion of that Party’s counsel.
(d) With the prior written consent of the other Party.
(iv) Any breach of this Section 9D shall not invalidate or be used as a basis to challenge an arbitration award.
(v) The Parties agree to submit to the jurisdiction of the United States District Court for the Northern District of Texas located in Fort Worth, Tarrant County, Texas, for the purposes of any proceedings to enforce this Section 9 and shall prevent any information, documents or materials protected under this Section 9 from being used or disclosed by any Party other than the Party to whom the documents or materials belong for any purpose. If the United States District Court does not have subject matter jurisdiction, the parties agree to submit to the jurisdiction of any state court in Fort Worth, Tarrant County, Texas. The Parties consent to the jurisdiction of these courts and waive any defenses they have regarding jurisdiction or venue.
- This Agreement or any dispute arising from this Agreement is governed by the laws of the State of Texas, without regard to provisions of conflicts of law. In the event that the arbitration provision in this Section 9 is declared to be invalid by a court of competent jurisdiction, any lawsuit arising from or related to this Agreement shall be brought exclusively before a Court in Tarrant County, Texas, and you hereby consent to the jurisdiction of any such court.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and either the purportedly aggrieved party or that party’s legally authorized agent or representative and that your answers to the registration materials, complaint questionnaire, and any additional questions on or posed by TripTigerHelp.com or its representatives will be truthful.
- Passenger Misconduct Policy. Trip Tiger believes that everyone is entitled to a safe workspace, and we do not condone any sort of abusive behavior by passengers towards airline staff. Therefore, we will not accept cases where there is any alleged misconduct on the part of a passenger. If you inform us about the alleged misconduct in your initial intake questionnaire, we will simply inform you of this policy and immediately refund your Consultation Fee. However, if you did not disclose the alleged misconduct, and we are informed of the alleged misconduct by the airline, we will discontinue any further attempts to communicate with the airline on your behalf and your Consultation Fee will not be refunded.
- Confidentiality. It is agreed that all personal information given to TripTigerHelp.com or Trip Tiger Owner, will be kept confidential by TripTigerHelp.com and Trip Tiger pursuant to our Privacy Policy, which may be found here [hyperlink]. Additionally, TripTigerHelp.com and/or Trip Tiger Owner may use nonpersonal information from your complaint, process, and resolution as well as anonymized user data for, among other purposes, aiding airlines in their customer responses.
- Entire Agreement. This Agreement constitutes your entire Agreement with TripTigerHelp.com and Trip Tiger Owner with respect to any services.