Traveler Terms and Conditions

1.1These Traveler Terms and Conditions (“Terms”) form the agreement between you and Memorii Journeys LLC, a Delaware limited liability company whose address for notices is 1 Page Avenue, Unit 280 #1051, Asheville, NC 28801, United States (“Memorii,” “we,” “us,” “our”).

1.2In these Terms:

• “Supplier” means any third party that owns, operates or provides a travel service, including cruise lines, expedition operators, tour operators, destination management companies, hotels, lodges, camps, villa and residence owners, yacht owners and charter companies, airlines, rail operators, ground transportation providers, guides, activity operators, event promoters and hospitality providers.
• “Distribution Partner” means any bank, private bank, card issuer, loyalty or rewards program, incentive program, membership club, community operator or other organization through whose program or platform a Package is presented to you.
• “Program Sponsor” means the Distribution Partner or the employer, client or organization that awarded travel to you under Part B, and that paid for it.
• “Certificate” means a certificate, voucher or award confirmation issued by Memorii recording your entitlement to a Package under Part B, carrying a certificate number and an expiration date.
• “Package” means any travel product, itinerary or experience offered by Memorii, whether curated by Memorii from one or more Suppliers or aggregated and remarketed from a Supplier’s own program.
• “Quotation” means the written pricing and itinerary document we issue to you.
• “Confirmation” means the written booking confirmation we issue after a Supplier has confirmed space.
• “You” and “your” mean the person making the booking and every traveler named on it.

1.3The person making the booking (the “Lead Traveler”) represents that they are at least 18 years old, that they have authority to accept these Terms on behalf of every traveler on the booking, and that they will provide these Terms and all booking documentation to each of them. The Lead Traveler is responsible for payment in full.

1.4You accept these Terms when you request a booking, redeem a Certificate, make any payment, or travel on any arrangement booked through us, whichever happens first.

1.5The version of these Terms in effect on the date of your Confirmation governs your booking. Where you have a Certificate, the version in effect on the date the Certificate was issued governs. We may amend these Terms at any time for future bookings.

1.6These Terms apply in addition to, and not instead of, the terms of each Supplier and the program rules of any Distribution Partner or Program Sponsor.

2.1Memorii acts solely as a sales and booking agent for the Suppliers who own and operate the travel services in your Package. Memorii is not the operator, carrier, organizer, principal or insurer of any travel service, and does not own, manage, control, staff, charter or operate any vessel, aircraft, vehicle, hotel, lodge, villa, camp, restaurant, activity, tour or event.

2.2Your contract for the delivery of each travel service is between you and the Supplier providing it. Each Supplier’s own terms and conditions, conditions of carriage, ticket contracts, charter agreements, house rules and event terms govern the delivery of that service and are incorporated into your booking by reference. We will make those terms available to you, or tell you where to read them, before payment is made. It is your responsibility to read them.

2.3Curation does not create liability. Where Memorii selects, curates, sequences, prices, names, packages or co-brands services from one or more Suppliers, or aggregates and remarkets a Supplier’s own program, it does so as agent for each Supplier separately. Curation, packaging, naming, marketing and co-branding do not make Memorii the operator, organizer, tour operator or principal of any component, do not create a joint venture or partnership with any Supplier, and do not constitute a warranty or guarantee by Memorii of any Supplier’s performance, standards, safety, solvency or conduct.

2.4How your payment is handled. Memorii uses one of two payment arrangements, and which one applies depends on the Package, the Suppliers involved and the channel your booking came through:

• (a) Direct to Supplier. Your payment is made to each Supplier, or to a Supplier’s authorized representative, and Memorii retains only its commission or service fee. Memorii never takes title to the travel services.
• (b) Collected by Memorii. Memorii collects the amount due from you, or from a Program Sponsor on your behalf, and remits it to each Supplier, retaining its margin, commission or service fee. Memorii collects as agent for the Suppliers.

2.5Your Quotation and Confirmation state which arrangement applies to your booking. In both cases Memorii acts as agent for the Suppliers, section 2.1 is unaffected, and the Supplier remains responsible for delivering the travel service. Where arrangement (b) applies, Memorii’s collection of your payment does not make it the operator, principal or organizer of any travel service, and does not extend its obligations beyond section 2.6.

2.6Memorii’s obligations to you are limited to: exercising reasonable care in selecting Suppliers from its network, accurately transmitting your booking instructions to the applicable Supplier, remitting your payment to that Supplier or its authorized representative where arrangement 2.4(b) applies, and passing on to you the information Suppliers provide to us.

2.7A single Package may involve several Suppliers, each with its own booking, payment, cancellation and delivery terms, and those terms may differ materially from one another. A single Package may also involve both payment arrangements at once, with some elements paid direct to Supplier and others collected by Memorii. Your Quotation and Confirmation will identify the Suppliers involved.

2.8Canceling or failing to use one element of a multi-Supplier Package does not cancel the others and does not reduce the amount you owe or entitle you to any refund on the remainder.

2.9Distribution Partners. Where a Package is presented to you through a Distribution Partner, that partner is a marketing and distribution channel only. The Distribution Partner is not the operator, is not responsible for the delivery of any travel service, and makes no warranty as to any Supplier or any Package. Co-branding, including any use of the form “[Partner Name] Journeys, Powered by Memorii,” does not make the Distribution Partner a principal, organizer, guarantor or joint venturer, and does not create any liability on its part for the performance of any travel service. Eligibility, program benefits, points, miles, certificates and member pricing are governed exclusively by that partner’s program rules.

3.1Every Package has two separate and distinct periods:

• a booking window, ending on the last bookable date, being the final date on which we can accept and confirm a booking; and
• a travel window, being the period within which travel must commence and be completed.

3.2The last bookable date falls well before the first travel date, and often by several months. Suppliers require lead time to confirm space, release inventory, issue tickets and documents, submit passenger manifests, meet immigration and visa deadlines, and meet their own payment deadlines. By way of example only, a voyage departing in January 2027 may close for booking on 30 November 2026.

3.3We cannot accept a booking after the last bookable date, or where a request is received so close to the travel date that a Supplier cannot confirm the arrangements within its own operating deadlines, even if the Package remains on display or a price is still shown. Display of a Package after its last bookable date does not create any right to book it.

3.4All Packages are subject to availability at the time of booking. The display of a Package, a price, a date or an itinerary is an invitation to inquire. It is not an offer capable of acceptance and does not reserve space.

3.5Space is reserved only when the Supplier confirms it to us and we issue a Confirmation to you. Any option, courtesy hold or provisional reservation expires automatically on the date stated and creates no rights once it lapses.

3.6A binding booking comes into existence only when we issue a written Confirmation. Payment alone does not create a booking.

3.7If, after payment has been made, a Supplier is unable to confirm an element of your Package, we will offer you a comparable alternative or, if you decline it, refund the amount paid to us for that unconfirmed element. Under Part B, the equivalent remedy is in section 22.

4.1All prices displayed by Memorii, by any Distribution Partner, and in any brochure, website, presentation, catalog or marketing material, are indicative of rates available at the time of publication. They are estimates. They are not guaranteed, are not an offer, and do not bind Memorii.

4.2Displayed prices are based on a specific set of assumptions, typically including a stated travel date or season, a stated number of travelers, double occupancy, a stated cabin, room, suite, villa or vehicle category, a stated set of inclusions, and rates, taxes, fees and currency values in effect on the date of publication.

4.3Your price may differ from the displayed price, and may change at any time up to Confirmation, as a result of any of the following:

• the travel dates you select, and seasonal, peak, festive, holiday and event-period pricing;
• availability, inventory tier, and the release or withdrawal of a rate or promotional fare by a Supplier;
• fare rules, rate restrictions, minimum stay requirements, blackout dates, capacity controls and contract conditions imposed by a Supplier;
• the number of travelers on the booking, including additional guests added to a room, cabin, villa or vehicle;
• occupancy, including single occupancy and single supplements, triple and quad occupancy, and child or infant rates;
• upgrades, including cabin, suite, room, class of service, vehicle and guiding upgrades;
• additional inclusions requested by you, including meals, beverage and dining packages, private guiding, private vehicles, transfers, excursions, activities, spa and wellness services, extended stays and pre-tour or post-tour arrangements;
• minimum group size requirements, and any failure of a group to reach the minimum size on which the price was based;
• currency exchange movement, where a Supplier prices in a currency other than US Dollars;
• taxes, government fees and levies, port charges, tourism and resort fees, national park and conservation fees, visa and permit fees, security charges, fuel surcharges and carrier-imposed surcharges; and
• any change you request to a Quotation before Confirmation.

4.4Your price is fixed only when it is stated in a written Confirmation and paid in full. Until then, all pricing is subject to change and to availability.

4.5After Confirmation, we will not increase your price except where a Supplier imposes an increase in government taxes, port or airport charges, tourism or conservation fees, fuel surcharges or carrier-imposed surcharges, or where you request a change to your booking. Where a pass-through increase applies, we will pass on only the actual increase, and will provide evidence of it on request.

4.6Prices are quoted in United States Dollars unless your Quotation states otherwise. If you pay in another currency, your bank or card issuer sets the conversion rate and may add its own charges. Those charges are yours.

4.7We take care with pricing and descriptions, but obvious errors do not bind us. Where a price or description contains a manifest error, we will tell you as soon as we become aware and give you the choice of proceeding at the corrected price or canceling that element with a refund of what has been paid to us for it.

4.8Exclusions. Unless your Confirmation expressly lists an item as included, the following are excluded from every Package: international and domestic airfare, travel protection and insurance, visas, permits and entry fees, vaccinations and health requirements, gratuities and staff gratuities, meals and beverages not specified, optional activities and excursions, spa and personal services, laundry, communications, excess baggage, personal expenses, any tax, levy, fee or charge imposed at destination, and anything not expressly listed as included.

4.9Program currency. Where any part of your Package is paid using points, miles, certificates, awards, credits or member benefits issued by a Distribution Partner or Program Sponsor, the redemption value, ratio, eligibility and any refund, reinstatement or reversal of that currency are determined solely by that partner under its program rules. Memorii does not control, guarantee or reinstate program currency, and is not liable for its valuation, expiration, forfeiture or non-reinstatement.

5.1Unless your Confirmation expressly states otherwise, the full price of your Package is due at the time of booking, and your booking is not confirmed until payment is received in full. Where your travel was awarded through a program, Part B governs what you pay and what the Program Sponsor pays.

5.2ALL PAYMENTS ARE NON-REFUNDABLE AND NON-TRANSFERABLE FROM THE MOMENT OF CONFIRMATION. IF YOU CANCEL, FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND OR A CREDIT OF ANY AMOUNT.

5.3Without limiting section 5.2, no refund, credit or reduction is available for:

• cancellation by you for any reason, including illness, injury, death, family emergency, work commitments, financial circumstances, visa refusal, change of mind, or a government travel advisory;
• failure to appear, late arrival, missed departure, missed connection, or early departure;
• any service, night, meal, activity, transfer or ticket not used;
• denial of boarding, denial of entry, or removal from an arrangement for any reason, including missing or invalid travel documents; or
• termination of your arrangements for conduct under section 8.

5.4Any change to a confirmed booking, including a change of date, name, traveler, occupancy, room or cabin category, or itinerary, is a request only. It requires Supplier consent, is frequently refused, and is commonly treated by Suppliers as a cancellation and rebooking at the then-current price. Where a change is accepted, you pay any Supplier charge, any increase in price, and our change fee. We will quote the change fee, and any Supplier charge, before you commit to the change.

5.5If a Supplier voluntarily provides a refund, credit or goodwill payment to us in respect of your booking, we will pass it on to the person who paid, less any amount we are unable to recover and less our service fee for obtaining it. We will tell you the amount of that fee before we deduct it. We make no representation that any such recovery is possible, and we are under no obligation to obtain one.

5.6Where a deposit and balance structure is offered in place of full prepayment, the deposit amount, the balance due date and the consequences of late payment will be stated in your Confirmation. Any deposit is non-refundable. If we do not receive the balance by the due date, we may treat the booking as canceled by you with no refund of any amount already paid.

5.7You agree to raise any billing question with us directly before contacting your card issuer. Initiating a chargeback in respect of a non-refundable booking that was delivered or made available to you is a breach of these Terms, and you are responsible for our costs of responding to it.

5.8Payments must be made only to the account details set out on your invoice or Confirmation. We will never notify you of a change to our banking details by email alone. If you receive such a notice, telephone us at +1 214 563 8633 to verify it before sending funds. We are not liable for any payment sent to an account other than the one on your invoice or Confirmation.

6.1Because your booking is non-refundable, travel protection is the only mechanism by which the cost of your Package can be recovered if you need to cancel. We strongly recommend that every traveler is covered. This applies equally where your travel was awarded through a program, because a canceled Certificate is not replaced.

6.2We can add travel protection to your booking at additional cost. Coverage is available for trip cancellation and interruption, emergency medical treatment, emergency evacuation and repatriation, baggage, and, where offered, cancel for any reason (“CFAR”) benefits.

6.3CFAR benefits are subject to strict conditions. They typically must be purchased within a short window after the initial payment on the booking, commonly two to three weeks, they reimburse a percentage of the trip cost rather than the whole of it, and they are not available in every state. If CFAR matters to you, tell us before payment is made.

6.4Memorii is not an insurer and does not underwrite, administer or adjudicate any policy. Policies are issued and administered by the licensed insurer named in the policy documents we provide to you before you buy. All coverage, exclusions, eligibility, waiting periods, pre-existing condition rules and claim decisions are determined by the insurer under the policy, not by us.

6.5We do not provide insurance advice or recommend a level of cover. It is your responsibility to read the policy and confirm it is adequate for your itinerary, including any adventure, remote-area, diving, riding, aviation or high-value baggage cover you may need. We are not liable for any shortfall in your coverage or for any claim your insurer declines.

6.6If you decline travel protection, you accept the full financial risk of cancellation, interruption, medical cost and evacuation, and you acknowledge that no refund will be available from us.

7.1Documents. You are responsible for holding a valid passport, all required visas, entry permits and travel authorizations, and for meeting all health, vaccination and entry requirements for every country on your itinerary, including countries you transit. Many countries require a passport valid for at least six months beyond your return date and a minimum number of blank pages.

7.2Names on your booking must match your passport exactly. Corrections after ticketing are frequently impossible and are treated as a cancellation and rebooking.

7.3We may pass on requirements advised to us by Suppliers as a courtesy. That information is not advice and is not a substitute for checking the current requirements with the relevant embassy, consulate or official government source, which is your responsibility.

7.4If you are denied boarding or entry for any reason, including missing, invalid or non-compliant documentation, your booking is treated as canceled by you and no refund is due.

7.5Travelers under 18 must be accompanied by a parent or legal guardian unless we agree otherwise in writing. Several countries require additional documentation for minors crossing borders. Some Suppliers, properties, vessels and activities impose minimum age limits that are theirs to set and not ours to waive, and some are adults only. Where a Package carries a minimum age, it is stated in the Package description and in your Confirmation.

7.6Fitness and medical. Tell us at the time of booking about any medical condition, disability, mobility requirement, dietary requirement or allergy affecting any traveler. We will pass that information to Suppliers and ask them to accommodate it, but we cannot guarantee that they will. Many of the experiences we arrange take place in remote locations, on small vessels, or in historic properties where access and medical support are limited.

7.7If we or a Supplier reasonably conclude that an itinerary is unsuitable for a traveler on medical or safety grounds, we or the Supplier may decline or terminate the booking, and the refund position in section 5 applies.

7.8Travel advisories. You are responsible for reviewing the travel advisories issued by the US Department of State and by the government of any country of which you are a citizen. The issue of an advisory, at any level, does not entitle you to cancel without charge.

8.1Inherent risk. Travel involves risks that cannot be eliminated. These include, without limitation, wildlife viewing and walking safaris, diving, snorkeling and watersports, riding, sailing and boating, helicopter and light aircraft flights, mountain, desert, polar and remote-area travel, motorsport access areas, high-altitude activity, road travel in developing regions, exposure to illness and infectious disease, political instability, crime, terrorism, adverse weather, and limited or absent medical facilities.

8.2You participate voluntarily and at your own risk, and you knowingly and expressly assume all risks, known and unknown, associated with your travel and with every activity in your Package, including risks arising from the negligence of Suppliers and their personnel.

8.3Release. To the fullest extent permitted by law, you, on behalf of yourself, every traveler on your booking, and your and their heirs, executors, administrators and assigns, release, waive and discharge Memorii, its members, officers, employees, contractors and agents from any and all claims, demands, actions, causes of action, losses, damages, costs and expenses of any kind arising out of or relating to your travel arrangements, including death, personal injury, illness, emotional distress, property loss or damage, delay, and financial loss.

8.4Conduct. You must comply with the reasonable instructions of Suppliers, guides, captains, crew and staff, with the rules of every property, vessel, vehicle and venue, and with the laws and customs of every country you visit. On any vessel, the master’s authority is absolute.

8.5If a traveler’s behavior causes or is likely to cause danger, distress, offense, damage or serious disruption, we or the Supplier may terminate that traveler’s arrangements immediately. If that happens, no refund is due, we will not meet the cost of returning that traveler home, and we may recover from you the cost of any resulting loss.

8.6You are responsible for all loss or damage you cause to any property, accommodation, vessel, aircraft or vehicle, and to any person, and for any security deposit taken against it. You will pay any such amount on demand.

8.7Indemnity. You agree to indemnify, defend and hold harmless Memorii, its members, officers, employees, contractors and agents, each Distribution Partner and each Program Sponsor, from and against any claim, liability, loss, damage, fine, penalty, cost or expense, including reasonable attorneys’ fees, arising out of or relating to: any act or omission by you or any traveler on your booking; any injury caused by you to yourself or to any other person; any damage caused by you to any property; your breach of these Terms, of any Supplier’s terms, or of any law, regulation, venue rule or Supplier instruction; and any claim brought by any person traveling on your booking.

8.8Emergency medical treatment. If a traveler requires emergency medical treatment or evacuation and cannot give consent, you authorize us and our Suppliers to arrange treatment or evacuation on that traveler’s behalf. The cost of treatment, evacuation and repatriation is yours and your insurer’s, not ours. You must provide emergency contact details for every traveler before departure.

9.1Travel arrangements are made far in advance and change is sometimes unavoidable. Suppliers reserve the right to alter itineraries, substitute accommodation, vessels, aircraft, vehicles, guides and staff of a comparable standard, omit or substitute ports and destinations, adjust timings and durations, and cancel departures, including for reasons of safety, weather, operational necessity, port availability, minimum numbers or the wellbeing of those traveling.

9.2Memorii is not liable for any change, delay, curtailment, downgrade, substitution or cancellation made by a Supplier, or for any service, inclusion, amenity, upgrade or benefit that was described, quoted or promised and that a Supplier does not deliver. Your remedy in respect of any such matter is against the Supplier under its own terms and, where applicable, against your insurer.

9.3Where a Supplier cancels arrangements and issues a refund or credit to us, we will pass it on in accordance with section 5.5. Where a Supplier does not issue a refund, none is available from us.

9.4Force majeure. Neither Memorii nor any Supplier is liable for any failure or delay in performance caused by an event beyond its reasonable control, including war, threat of war, invasion, civil unrest, riot, terrorism, industrial action, government or regulatory action, border or airspace closure, epidemic, pandemic, quarantine or public health measure, natural disaster, volcanic activity, earthquake, adverse weather, fire, flood, drought, wildlife or environmental conditions, failure of public utilities or communications, port or airport closure, technical or mechanical failure, and the insolvency, default or cessation of business of any Supplier.

9.5Costs you incur as a consequence of a Supplier change or cancellation, including airfare, missed connections, pre-tour and post-tour arrangements, accommodation, lost time and unused services, are yours and your insurer’s.

9.6Supplier insolvency. We are not liable for, and do not guarantee, the financial condition of any Supplier or the return of any funds retained by a Supplier that ceases trading. This is a further reason to carry travel protection.

10.1TO THE FULLEST EXTENT PERMITTED BY LAW, ALL TRAVEL SERVICES ARE PROVIDED BY SUPPLIERS “AS IS” AND WITHOUT WARRANTY OF ANY KIND. MEMORII DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, SUITABILITY OR NON-INFRINGEMENT.

10.2MEMORII IS NOT LIABLE FOR ANY ACT, OMISSION, ERROR, MISREPRESENTATION, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH, DEFAULT, INSOLVENCY, DELAY OR CANCELLATION OF ANY SUPPLIER, ANY DISTRIBUTION PARTNER, ANY PROGRAM SPONSOR, OR ANY INDEPENDENT CONTRACTOR ENGAGED BY THEM, INCLUDING AIRLINES, CRUISE LINES, EXCURSION OPERATORS, GROUND OPERATORS, DRIVERS, GUIDES, MEDICAL PERSONNEL, SPA PERSONNEL, INSTRUCTORS AND ENTERTAINERS.

10.3Memorii is not liable for death, personal injury, illness, emotional distress, property loss, theft or damage, delay, inconvenience, or financial loss sustained by any traveler, however caused, other than to the extent directly caused by Memorii’s own gross negligence or willful misconduct in performing the limited obligations in section 2.6.

10.4MEMORII IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF ENJOYMENT, LOSS OF EARNINGS, LOSS OF PROFIT, LOSS OF OPPORTUNITY OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5MEMORII’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR BOOKING, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, IS LIMITED TO THE AMOUNT OF THE SERVICE FEE, COMMISSION OR MARGIN ACTUALLY RETAINED BY MEMORII ON YOUR BOOKING.

10.6For the avoidance of doubt, where Memorii collected payment under section 2.4(b), the amount retained by Memorii is its margin, commission or service fee, and not the gross amount it collected and remitted to Suppliers. Where your travel was awarded under Part B, the amount retained by Memorii is its margin on the Package, and not the amount the Program Sponsor paid.

10.7Where carriage by air, sea, rail or road is involved, or where you stay at a hotel, the liability of the carrier or hotelier, and any liability of ours in respect of it, is limited by the international conventions and national laws that govern that carriage or stay, including the Montreal Convention, the Warsaw Convention, the Athens Convention, and the US Carriage of Goods by Sea Act.

10.8The exclusions and limitations in this section apply for the benefit of Memorii, its members, officers, employees, contractors and agents, each Distribution Partner and each Program Sponsor, each of whom is an intended third party beneficiary of this section and of sections 8 and 9.

10.9Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Where a limitation in these Terms is not permitted by applicable law, it applies to the maximum extent that law allows, and the remainder of these Terms is unaffected. In particular, if the cap in section 10.5 is held unenforceable in your case, it is replaced by a cap at the total amount you paid to Memorii for the affected arrangements, rather than being removed altogether.

10.10Time limit. Any claim against Memorii must be notified to us in writing within 30 days of the end of your travel arrangements, and any action must be commenced within one year of the date on which the arrangements ended, failing which it is waived and barred.

11.1If something goes wrong during your travel, report it immediately to the Supplier on the spot and to your Memorii contact, so there is an opportunity to resolve it while you are still there. Most issues can be resolved at the time and cannot be resolved afterwards. Failure to report at the time may prejudice or extinguish any claim.

11.2If the matter is not resolved, write to us at bookings@memoriijourneys.com within 30 days of your return, quoting your booking reference and setting out what happened. We will acknowledge within 5 business days and respond substantively within 20 business days.

11.3Where your travel was awarded through a program, section 23 explains which questions go to Memorii and which go to your Program Sponsor.

12.1This section is our privacy notice for your booking. It says what we collect, why, who we share it with, how long we keep it and what rights you have. Where your booking reaches us through a Distribution Partner or Program Sponsor, we and that organization each determine the purposes and means of our own processing and each act as an independent controller. Neither processes your information on the other’s behalf, and that organization’s own privacy notice governs what it does with your information.

12.2What we collect. To arrange your travel we collect from you the information Suppliers and authorities require, which typically includes your full legal name as it appears on your passport, date of birth, nationality, passport number and expiration date, home address, contact details, emergency contact details, payment details, dietary requirements, and any accessibility or medical requirement you choose to tell us about.

12.3Why we collect it and who we share it with. We use your information to arrange, deliver and support your travel, to meet a legal or Supplier requirement, and to keep the records these Terms require. We share it with Suppliers, with Distribution Partners and Program Sponsors to the extent needed to fulfill and account for your booking, with government and immigration authorities in the countries you visit and transit, and with our professional advisers.

12.4International transfer. Some of the countries you visit or transit do not provide the same level of data protection as the United States. By making a booking or redeeming a Certificate you consent to that transfer. We transfer only what the Supplier or authority requires.

12.5What we do not do. We do not sell your personal information, and we do not share it for cross-context behavioral advertising.

12.6How long we keep it. We keep your information for as long as we need it to deliver and support your travel and to meet our legal, tax and insurance record-keeping obligations, then delete or de-identify it. Passport details are deleted within 90 days of the completion of your travel.

12.7Security. We maintain administrative, technical and physical safeguards appropriate to the sensitivity of the information, including access control on a need to know basis, encryption in transit and at rest, and confidentiality obligations on our staff and contractors.

12.8Your rights. Depending on where you live, you may have the right to access, correct, delete or obtain a copy of your personal information, and to withdraw a consent you have given. Write to us at bookings@memoriijourneys.com, marked for the attention of privacy, and we will respond within the period the applicable law requires. Where your request concerns information a Distribution Partner or Program Sponsor keeps about you, we will tell you where to direct it.

12.9Marketing. We email you about your booking because we have to in order to deliver it. We will not add you to a marketing list on the strength of a booking or an award alone. If you ask us to send you anything else, you can tell us to stop at any time by replying to any message or writing to bookings@memoriijourneys.com.

13.1Images, videos, floor plans, deck plans, maps and descriptions are illustrative. Rooms, suites, cabins, villas, vessels, vehicles and views vary within a category, and a specific unit, deck, aspect or view is not guaranteed unless expressly stated in your Confirmation.

13.2All content published by Memorii, including itineraries, descriptions, photography and package names, is our property or is licensed to us, and may not be copied, reproduced, scraped or used commercially without our written consent.

14.1These Terms, and any dispute arising out of or relating to them or to your booking, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2Informal resolution first. Before commencing arbitration, you agree to write to us at bookings@memoriijourneys.com describing the dispute and the relief you want, and to give us 30 days to resolve it. We will do the same before commencing arbitration against you. This step is a condition of commencing arbitration.

14.3BINDING ARBITRATION. ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR TO YOUR BOOKING THAT IS NOT RESOLVED UNDER SECTION 14.2 SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware, with judgment on the award enforceable in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

14.4YOU AND MEMORII EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this section 14.4 is held unenforceable as to any claim, that claim is severed from the arbitration and must be brought in the courts identified in section 14.7, and the remainder of section 14 continues to apply to all other claims.

14.5Your right to opt out. You may reject sections 14.3 and 14.4 by writing to us at bookings@memoriijourneys.com within 30 days of the date you first accepted these Terms, stating your name, your booking reference and that you are opting out of arbitration. Opting out affects nothing else in these Terms, and will not affect your booking or the service you receive. If you opt out, section 14.7 applies to you.

14.6Small claims. Either party may bring an individual claim in small claims court instead of arbitration, so long as it stays in that court and is brought on an individual basis.

14.7Courts. Where a claim is not subject to arbitration, whether because you opted out under section 14.5, because section 14.4 was severed, or otherwise, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party submits to that jurisdiction and waives any objection to venue.

14.8Nothing in this section limits any right you have under the law of your state of residence that cannot lawfully be waived, and nothing in it prevents you from bringing a matter to the attention of a federal, state or local regulator.

15.1Entire agreement. These Terms, together with your Quotation, your Confirmation, your Certificate where you have one, the applicable Supplier terms and any applicable Distribution Partner or Program Sponsor rules, form the entire agreement between us, and supersede any prior representation, proposal, brochure, presentation or communication. No employee, agent, Distribution Partner or Program Sponsor has authority to vary these Terms except in writing signed by an authorized officer of Memorii.

15.2Order of precedence. Where there is a conflict, your Confirmation prevails over these Terms as to the specific commercial detail of your booking, and Part B prevails over Part A where your travel was awarded through a program. As between you and a Supplier, that Supplier’s terms prevail as to the delivery of its services. As between you and Memorii, these Terms prevail.

15.3Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to be enforceable, or severed, and the remainder continues in effect.

15.4No waiver. Our failure to enforce any provision is not a waiver of it.

15.5Assignment. You may not assign or transfer your booking. Transfer of a Certificate is governed by section 22.5. We may assign these Terms in connection with a merger, acquisition or sale of assets.

15.6Notices and electronic acceptance. You consent to receive documents, notices and disclosures electronically. Notices to us must be sent to bookings@memoriijourneys.com and to our address for notices in section 1.1.

15.7Survival. Sections 5, 8, 9, 10, 12, 14 and 15 survive the completion, cancellation or termination of your booking.

15.8Version. These Terms are Version 1.0, effective 17 September 2026. The version applicable to your booking is the version in effect on the date of your Confirmation, or on the date your Certificate was issued, a copy of which we retain and will provide on request.

16.1Some states require a travel seller to register with that state and to display a registration number or make a prescribed disclosure to residents of that state.

16.2Our registration position differs from state to state and changes over time. Where we hold a registration for your state, or where a prescribed disclosure applies to you, we will make it in your Quotation and in your Confirmation. Where we do not hold one, section 16.3 applies. If you would like to know our position for your state before you book, ask us and we will tell you.

16.3We may decline a booking, or decline to sell a particular Package, where we are not able to sell it lawfully to a resident of your state. Where that happens we will tell you before you pay, and you will owe us nothing.

17.1Part B applies where you received a Package as a prize, award, incentive, recognition award, sales promotion prize or redeemed benefit through a program operated by your employer, by a client of a Distribution Partner, or by any other Program Sponsor, and where Memorii issued you a Certificate.

17.2The Program Sponsor purchased the Package and paid Memorii for it. You pay nothing for the Package as described in your Certificate. Section 5.1 does not apply to the Package itself.

17.3Your eligibility for the award, how winners were selected, whether you may decline or exchange the award, and anything else about how the program was run, are governed exclusively by the Program Sponsor’s own rules. Memorii has no part in those decisions and cannot change them.

17.4Memorii’s relationship with the Program Sponsor is a commercial one governed by a separate agreement. Nothing in that agreement gives you rights against the Program Sponsor, and nothing in these Terms gives you rights under it.

18.1Your Certificate records the Package you are entitled to, the number of travelers it covers, the certificate number, and the expiration date. Read it alongside the Package description you were given when the award was made.

18.2The Certificate is evidence of your entitlement. It is not a payment instrument, has no cash value, and cannot be redeemed for cash, credit, points, merchandise or any other award, in whole or in part.

18.3A Certificate covers the number of travelers stated on it and no more. Where it covers two travelers, both travel on the same booking, on the same dates and in the same accommodation.

18.4Where the Package carries a minimum age or any other eligibility requirement imposed by a Supplier, it is stated in the Package description and on your Certificate, and Memorii cannot waive it. Some properties are adults only and will not accept a traveler under 18 on any basis.

18.5If you lose your Certificate, contact us and we will reissue it. We will verify your identity against the record the Program Sponsor gave us before doing so.

19.1Your Certificate covers the inclusions listed in the Package description. Nothing else is included.

19.2You pay, directly to us or to the Supplier, for anything outside the Package. That includes, without limitation:

• airfare above any airfare credit stated in the Package, and any change or baggage fee on your flights;
• additional nights, whether before, during or after the Package;
• additional travelers beyond the number on your Certificate;
• upgrades to a higher room, suite, cabin or class of service;
• spa treatments, off-property tours and excursions, and other services the Package description excludes;
• travel protection, which we recommend and can arrange; and
• passports, visas, entry fees, vaccinations and anything else in section 7.1.

19.3Where an airfare credit or allowance is stated, it is a contribution towards your flights and not a guarantee that flights will be available within it. Airfares vary by departure city, season and how far ahead you book. If your flights cost more than the credit, you pay the difference. We will tell you the amount before anything is booked and will offer alternative dates or airports where that helps.

19.4Amounts you pay under this section 19 are yours and are subject to sections 4, 5 and 6 of Part A in the ordinary way, including the non-refundable position in section 5.2.

19.5Where a Package includes a resort credit, shore excursion allowance or similar, it is applied as the Supplier’s terms provide, has no cash value, and is forfeited if unused.

20.1We will contact you at the email address and telephone number the Program Sponsor gave us, and a named member of our team will manage your booking from that point through to your return.

20.2To book, tell us your preferred travel dates and, where the Package allows a choice of property, ship, itinerary or destination, your preference. We must receive your request at least 60 days before the date you want to travel, or such longer period as your Certificate states.

20.3Availability is confirmed at the time of your request, not at the time your Certificate was issued. Your preferred dates, property or itinerary may not be available. Where they are not, we will offer you the nearest available alternative and, where the Package allows a choice, the same dates at the other options.

20.4Section 3.6 applies. Your travel is booked only when we issue a written Confirmation. Holding a Certificate does not reserve space on any date.

20.5We will ask you for the information in section 12.2, including passport details, once you are in contact with us. We need it to issue tickets and complete reservations. We ask you for it directly and your Program Sponsor is not given it.

21.1Travel must be completed by the expiration date on your Certificate. Both the outbound and return legs fall within the travel window. Travel that starts before the expiration date and ends after it does not satisfy this section unless we agree otherwise in writing.

21.2Your Certificate states the blackout dates that apply. They typically include major holiday periods and a Supplier’s own peak season, and further dates may be applied by a Supplier at the time you request a booking.

21.3A Certificate that has not been redeemed by its expiration date lapses. It then has no value, cannot be reinstated, and no refund, credit, replacement or substitute award is due to you from Memorii or from the Program Sponsor.

21.4Keeping track of your expiration date is your responsibility. Neither Memorii nor the Program Sponsor undertakes to remind you before a Certificate expires.

21.5If you need more time, ask us before the Certificate expires. We will put the request to the Supplier and to the Program Sponsor and tell you the answer. An extension depends on both of them agreeing and may carry a price difference that you pay. We cannot extend a Certificate that has already expired.

22.1Before we issue a Confirmation, you may change your requested dates or your choice of property free of charge, subject to availability and to section 20.2.

22.2After we issue a Confirmation, section 5.4 applies. A change requires the Supplier’s consent, is frequently refused, and is commonly treated by a Supplier as a cancellation and rebooking at the rate then available. Where a change is accepted, you pay any Supplier charge and any increase in price.

22.3If you cancel confirmed travel, your Certificate is treated as redeemed and is not reissued. No refund, credit or replacement award is due to you or to the Program Sponsor. This is why we recommend travel protection: it is the only mechanism that returns value to you if you have to cancel.

22.4If you fail to appear, arrive late, miss a departure or leave early, section 5.3 applies and your Certificate is treated as redeemed.

22.5Transfer. Before a Certificate is issued in your name, the Program Sponsor may transfer the award to another person. Once it has been issued in your name, you may transfer it only with our written agreement, which we will not unreasonably withhold, and only where the Supplier permits it and no ticket has been issued. A traveler accompanying you may be substituted on the same terms.

22.6Where a Supplier withdraws a property or service that is material to your Package, we will offer you a substitute of equivalent standard and value at no additional cost to you. Sections 9.1 and 9.2 apply to all other Supplier changes.

23.1Ask Memorii about your travel: availability, dates, properties, flights, what the Package includes, what anything outside it costs, your booking documents, and anything that happens while you are traveling. Our contact details are on your Certificate and on your Confirmation.

23.2Ask your Program Sponsor about the program: why you received the award, whether you may decline or exchange it, whether an alternative award is available, how the award is reported for tax, and anything else about how the program was run.

23.3Section 11 governs complaints about your travel. Complaints about the program go to the Program Sponsor.

24.1An award of travel may be taxable income to you. Whether it is, how it is valued, and whether anything is withheld or reported are matters between you and your Program Sponsor, and depend on your circumstances and on the law where you live and work.

24.2Memorii does not report an award to any tax authority, does not issue you any tax form, and does not give tax advice. We will confirm to your Program Sponsor the amount it paid for the Package if it asks us to.

24.3Ask your Program Sponsor, or your own tax adviser, before you assume an award is tax free.

25.1Every other provision of Part A applies to you, including your responsibilities in section 7, the assumption of risk, release and indemnity in section 8, the limitation of liability in section 10, the privacy terms in section 12, and the arbitration and class action waiver in section 14.

25.2For the purposes of section 10.5, the amount retained by Memorii on your booking is its margin on the Package, and not the amount the Program Sponsor paid.

25.3You accept these Terms when you redeem your Certificate, request a booking, or travel, whichever happens first. If you do not accept them, tell us before you request a booking and we will notify the Program Sponsor, who will decide what happens to the award under its own program rules.