RESERVE & COLLECT

TERMS AND CONDITIONS

  1. About these terms and conditions

    THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND DUFRY NORTH AMERICA, LLC. (“DUFRY”, “WE” “US” OR “OUR”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE AND RESERVE AND COLLECT (EACH AS DEFINED BELOW). BY USING ANY PART OF THE WEBSITE OR RESERVE AND COLLECT, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY PART OF THE WEBSITE, ANY INFORMATION CONTAINED ON THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE.

    NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DUFRY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

    1. In these terms, the following capitalized terms shall have the following meanings:

      Privacy Policy” our privacy policy, a copy of which is available at PRIVACY POLICY;

      Products” any of the products offered for reservation via the Reserve and Collect service or included in a reservation;

      Reserve and Collect” the reservation service (offered by us via our Website (and as advertised in our store or on any of our websites as ‘Reserve and Collect’) which allows you to reserve Products for collection at certain of our stores in the United States;

      Terms” these terms and conditions and the other documents referred to in it, including our Privacy Policy; and

      Website” our website at http://www.shopdutyfree.com.

    2. If you have any questions on these Terms, or would like to discuss a reservation made through Reserve and Collect please contact our Customer Support Team using the contact details in Section 17 below.

    3. By using the Website and/or Reserve and Collect, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Reserve and Collect, or your reservations. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  2. Reserve and Collect

    1. Reserve and Collect is available to all passengers who are at least 18 years of age and travelling from airports in the United States where one of our participating stores is located. You can find details of our stores and those offering Reserve and Collect on the Website.

    2. Payments for Products reserved via Reserve and Collect will be taken when you collect the Products from our participating store. Please see Section 11 below for further information on payment.

    3. Reservations can only be requested and finalized between one (1) month and forty-eight (48) hours prior to the date and time of your departure. We will not accept any reservations made any sooner or later than this. Products that cannot be reserved due to timing restrictions can still be added to a Wish List for future viewing.

    4. After you make a reservation request via Reserve and Collect, you will receive an email (“Confirmation Email”) from us acknowledging that we have received your request and we will assign you a reservation number. Please quote your reservation number in all subsequent correspondence with us relating to your request. Please note that the Confirmation Email is confirmation of your reservation request only and does not mean it has been accepted. Our acceptance of your reservation will take place as described in Section 2.6.

    5. Within seven (7) days of receiving your Confirmation Email, you may receive a separate email from us (“Reservation Email”) notifying you that the Products you have requested are not available.

    6. When making a reservation request using Reserve and Collect, please ensure that the reservation details are complete and accurate before you submit the request. As part of the reservation process, you will also be asked to provide the time, date, departure airport, destination of your flight and an optional flight number. Please take particular care to ensure this information is accurate as we will use it to determine your collection date and time. If you realize that you have provided us with any incorrect information, you should cancel your reservation and place a new reservation.

    7. Your reservation can be amended up to forty-eight hours ahead of your pick-up time.

    8. You can cancel your reservation by logging into your account at any time, including after receiving the Reservation Email. In the event that you made a reservation request as a guest, you must e-mail clientservices@dufry.com to request that your order be canceled.

    9. We reserve the right to cancel your reservation in whole or in part for any reason at any time. Where we cancel any reservation, we will try to notify you of this.

    10. For the avoidance of doubt, neither the Confirmation Email nor the Reservation Email are binding offers to you or our binding acceptance of an offer from you. The completion of the contract between you and us will take place when you pay for and collect the Products in store. Title to any Products you reserve via Reserve and Collect shall pass to you when you collect and pay for the Products in store in accordance with the in store terms of sale.

  3. Products

    1. The images of the Products and any packaging (if applicable) on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products and/or packaging. The Products and/or their packaging may vary from those images.

    2. All Products shown on our Website are subject to availability and any duty free restrictions (see Section 7). We will try to inform you via the Reservation Email if the Products you have reserved are not available, but are not responsible for the unavailability of any Products.

    3. The range of Products offered on our Website and in our stores (including any of the products that may have been confirmed to you as reserved) is subject to change without prior notice and we reserve the right from time to time, to withdraw or cease to make available any or all of the Products from our Website.

  4. Price

    1. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have reserved we will try to inform you in writing of this error and we will give you the option of continuing with the reservation of the Products at the correct price or cancelling your reservation. We will not reserve the Products until we have your instructions. If we are unable to contact you using the contact details you provided during the reservation process, we will treat the reservation as cancelled.

    2. We reserve the right to make changes to the prices of the Products from time to time but (except where the changes are due to incorrect pricing) such changes will not apply to any reservations which have been successfully placed, as confirmed by a Reservation Email.

    3. The Reserve and Collect price promise guarantees you our best deal when purchasing Products from us. If, when you pay for and collect the Products, they are included in a promotional offer or have been discounted in the store on the date of collection, you will be charged the lower of

      1. the price of the promotional offer or discount; or

      2. the price stated in your confirmation email.

      This only applies to Products that have been reserved and does not apply to products which have been added to the basket within the airport store.

  5. Accounts and Security

    1. Use of certain features of the Website and Reserve and Collect require you to create an account with us. If you choose to do so, you must provide the requested information on the account creation page on the Website. Once you submit the required registration information, you will be permitted to log in to your account with your password. We may also provide you with the ability to register for an account using your existing account and log-in credentials through Third-Party Sites (as defined below). By using such Third-Party Site account and/or credentials you are consenting to our retention and use, and such Third-Party Site’s disclosure, of the account, credentials and other populated profile information that you submit.

    2. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes.

    3. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use the Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a Third-Party Site that we may allow you to use. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of them or any other breach of security regarding the Website that comes to your attention.

  6. Changes to these terms and conditions

    1. We reserve the right to amend these Terms from time to time. Any such changes will take effect when posted on our Website. Your continued use of our Website shall signify your acceptance to be bound by the latest Terms. Notwithstanding the foregoing, we will notify you of any material changes to these Terms and you will be required to accept the modified terms before placing an order through Reserve and Collect.

    2. Every time you make a reservation with us, the Terms in force at that time will apply to the Contract between you and us.

  7. Availability of the Products at time of collection

    1. Your reservation shall automatically be cancelled and the Products returned to the store for general sale if you do not pay for and collect the Products within 24 hours after your collection date and time stated in your Reservation Email.

    2. To ensure the availability of Products in store which are included in promotional offers, there may be restrictions on the number of certain promotional Products you can reserve. Where any such restriction applies, this will be stated on the Website and you will not be able to reserve more than the permitted number of Products.

    3. Availability of Products varies from store to store and details of Products available for reservation (where Reserve and Collect is operating) are shown on the Website.

    4. When you collect and pay for the Products, we reserve the right to limit the number of a particular product we sell to you or to cancel your reservation if the products are not available at the time of collection.

    5. We shall not be liable to you where circumstances arise whereby the Products you have reserved are not available or cannot be purchased on the date of your collection.

    6. The Products will be your responsibility once you have collected them and you will own the Products once we have received payment in full.

  8. Restrictions

    1. Some of our Products have a minimum age requirement (for example those containing alcohol), and by reserving any of these Products you confirm that you are the required age. We are not allowed by law to supply these restricted products to you if you do not satisfy the age requirements. If you are underage please do not attempt to reserve these Products. You or any person nominated by you may be required to provide proof of your age when you pay for and collect the Products.

    2. All reservations are subject to any applicable customs regulations and/or duty free or duty paid. Adherence to any customs regulations is your responsibility. If you reserve Products which exceed the relevant customs regulations, you may be advised (but we have no obligation to advise you) to purchase only the number of Products within the limits set by the applicable customs regulations. We will not be responsible or liable if you purchase more Products than permitted by the applicable regulations.

    3. A valid boarding card must be presented when collecting and paying for the Products; otherwise your reservation will be cancelled and you will be unable to purchase the Products. We reserve the right to deny purchase of the Products which are not available for purchase for the destination stated on the boarding card, but we have no obligation to do so and we will not be responsible or liable if you purchase Products that are not available for or lawful in the destination stated on your boarding card.

    4. If, for whatever reason, you are unable to pass through airport security into the departure area, we will be unable to fulfil your reservation and your reservation will be cancelled.

    5. Please note that due to customs regulations, we are unable to deliver any uncollected Products to an alternative address outside of the relevant airport departure lounge and the Products can only be collected from the designated collection point at that airport.

  9. If the products are faulty

    1. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local consumer protection authority. Nothing in these Terms will affect these legal rights.

    2. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Reserve and Collect are provided by Dufry North America, LLC, One Meadowlands Plaza, 11th Floor, East Rutherford, NJ 07073. If you have a question or complaint regarding the Website or Reserve and Collect, please contact Customer Service at contactus@dufry.com. You may also contact us by calling 1-866 669-7978. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

  10. Returns

    If you are unhappy with the Products for any reason, you may return them to us in accordance with our sixty (60) day Returns Offer, a copy of which is available at http://www.dufry.com.

  11. Payment

    1. You are not obligated to purchase any of the Products you have reserved with us using Reserve and Collect. If you change your mind when you come to collect the Products you may choose to replace the Products with any other items which are currently available in store. You will pay the price shown in-store for these items. If you no longer wish to purchase the Products, you can cancel your order via the Website prior to your departure date or by informing a member of staff at the store.

    2. Provided we can accept your type of credit or debit card, please be aware that if you are paying by credit or debit card, your card provider may charge a different conversion rate or conversion fees than any shown on the Website. The currency conversion shown on the Website is for indicative purposes only and is based on a third party exchange rate feed, and as such may differ from the that in-store exchange rate which is determined in accordance with our in-store terms of sale.

  12. Disclaimer of warranties and Limitations of Liability

    1. DUFRY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE WEBSITE OR RESERVE AND COLLECT RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.

    2. IN NO EVENT SHALL DUFRY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, HOWEVER ARISING, EVEN IF DUFRY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM DUFRY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

    3. IN NO EVENT SHALL OUR AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE AND/OR RESERVE AND COLLECT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DUFRY FOR ACCESS TO OR USE OF THE WEBSITE. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

    4. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  13. Use of our website

    1. We reserve the right to terminate your Website account where you do not comply with these Terms or any applicable laws and regulations relating to the use of our Website. You may amend or cancel your Website registration at any time via the Website or by contacting our customer support team using the contact details in Section 17 below.

    2. You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial‑of‑service attack.

    3. Without prejudice to its other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of Section 13.2, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

    4. This Website may be linked to other web sites that are not our sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into this Reserve and Connect using your existing account and log-in credentials for such third-party sites (collectively, “Third-Party Sites”). Certain areas of the Website may allow you to interact with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Website to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Website. If you decide to access any of the Third-Party Sites linked to from the Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Website to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

    5. You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Website (each a “Submission”). You may not upload, post or otherwise make available on this Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

    6. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Website is provided on a non-proprietary and non-confidential basis. You hereby grant to DUFRY a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. We agree to use any personally identifiable information contained in any of your Submissions in accordance with the Privacy Policy.

    7. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Website.

    8. When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require us to monitor, police or remove any Submissions or other information submitted by you or any other user.

    9. Unauthorized Activities. When using the Website, you agree to abide by common standards of decency and act in accordance with the law. For example, when using the Website you agree not to:

      1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

      2. Use racially, ethnically, or otherwise offensive language.

      3. Discuss or incite illegal activity.

      4. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

      5. Post anything that exploits children or minors or that depicts cruelty to animals.

      6. Post any copyrighted or trademarked materials without the express permission from the owner.

      7. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

      8. Use any robot, spider, scraper or other automated means to access the Website.

      9. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

      10. Alter the opinions or comments posted by others on the Website.

      11. Post anything contrary to our public image, goodwill or reputation.

    10. The foregoing list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to the Website and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Website or to any other user of the Website. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.

    11. You agree to indemnify and hold DUFRY and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Website or the use of this Website by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.

  14. Events Outside Our Control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

    2. An Event Outside Our Control means for the purpose of this Section any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier default or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract between you and us we will notify you as soon as reasonably possible.

  15. Your restrictions on use of our Website

    Subject to Section 16 below, you may not download, copy, use, make derivative use of or exploit for commercial purposes any proprietary or other information or content on our Website, including, but not limited to, any images, pricing or descriptions of the Products or any brand trademarks, trade names or logos. This includes any copies or derivative created for the benefit of a third party. Use of data mining, robots or any other kind of data gathering and/or extraction tools is strictly prohibited.

  16. Intellectual property and proprietary rights

    All intellectual property and other proprietary rights (i) in our Website and its content, and (ii) in any trademarks, trade names, domain names and product names used in our Website, are owned and expressly reserved by either the Dufry North America, LLC, its licensors or brand owners providing the Products. Any use of such rights without express written consent of Dufry North America, LLC or the relevant brand owners is strictly prohibited.

  17. How to contact us

    If you have any questions about your reservation you can refer to your account or order details, refer to the FAQ pages or if you have any complaints, please contact our Customer Support Team. You can contact our customer support team by telephone on (866) 669-7978 or by e-mail at contactus@dufry.com.

  18. How we may use your personal information

    Any personal information you supply to us when you use our Website will be processed and used in accordance our Privacy Policy. By using our Website and/or using Reserve and Collect you consent to such processing and terms.

  19. Feedback

    We welcome your comments and feedback regarding our Website, our services and as Product reviews. By submitting information in this way, you are expressly granting us an irrevocable and unrestricted license to use, modify, reproduce, display and distribute such information for any purpose whatsoever at our sole discretion. You also waive any and all moral rights in such information. Unless required by law, we will not attribute such information to you without your prior written consent.

  20. Dispute Resolution and Arbitration; Class Action Waiver

    Please Read This Provision Carefully. It Affects Your Legal Rights.

    1. This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Dufry. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

    2. This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND DUFRY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

    3. Pre-Arbitration Claim Resolution

      For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at contactus@dufry.com the following information: (1) Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

    4. Exclusions from Arbitration/Right to Opt Out

      Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at contactus@dufry.com the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

    5. Arbitration Procedures

      If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, http://www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

      For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

      Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

      Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

      Location of Arbitration – You or we may initiate arbitration in either New York or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to New York so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.

      Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

    6. Class Action Waiver

      Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

    7. Jury Waiver

      You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

    8. Severability

      If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

    9. Continuation

      This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

  21. Other important terms

    1. We may at our sole discretion transfer our rights and obligations under these Terms to another organization.

    2. Any contract concluded pursuant to these Terms is made between you and us. No other person shall have any rights to enforce any of its terms.

    3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    5. The Terms, as amended from time to time, constitute the entire agreement between you and us regarding your rights and obligations in respect to your access to our Website and use of Reserve and Collect.

    6. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Website or Reserve and Collect will be heard in the courts located in the State of New York.

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