Terms of Service

Last updated: May 4, 2024

1. Acceptance of the Terms and Conditions

Welcome, and thank you for your interest in Axel! In these Terms of Service ("this Agreement"), "Axel", "we", "us", and "our" refers to Ascend Travel Inc. d/b/a Axel, a Delaware corporation, and "you" and "your" refers to you, the user of our website https://www.ascend.travel/ (together with its associated domains and sites, the "Site"), products, services, and/or mobile or tablet applications (collectively, the "Services"). All access and use of the Services is subject to the terms and conditions contained in this Agreement. Please read this Agreement carefully. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you may not access, browse, or use the Services.

THIS AGREEMENT PROVIDES THAT, WITH LIMITED EXCEPTIONS, ANY AND ALL DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OUR SERVICES WILL BE RESOLVED FINALLY AND EXCLUSIVELY ON AN INDIVIDUAL BASIS (NOT ON A CLASS BASIS) AND BY BINDING ARBITRATION.

You understand and agree that we may change this Agreement at any time for any reason without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Service" link on the Site. The revised terms and conditions in this Agreement will become effective at the time of posting. Any use of the Services after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Services.

You must be at least 18 years old to access, browse, or use the Services. By using the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use the Services.

Your access to and use of the Services is also subject to Axel's Privacy Policy located here.

2. We Do Not Sell Travel Products

Axel does not sell, provide, own or control any of the travel services and products (the "Travel Products"), such as flights and accommodations, for which we assist you in finding potential savings, except for certain hotel bookings that Axel may sell or provide directly. The Travel Products are owned, controlled or made available by third parties (the "Travel Providers") either directly (e.g., airline) or as an agent (e.g., online travel agency). The Travel Provider's terms and policies apply to your booking so you must agree to and understand those terms and policies. If you violate a Travel Provider's terms and policies, your booking may be cancelled and you may be denied access to the relevant travel service. You may also lose any money paid for such booking, depending on the Travel Provider's terms and policies. The Travel Providers may also change their terms and policies or refuse to honor any agreement, deal, or arrangement you have with them. Axel does not bear any responsibility should anything go wrong with your booking or during your travel.

3. Service Authorization

1. Authorization

By using our Services, you expressly authorize Axel to:

  • Act as your authorized agent in managing your travel reservations;
  • Interface with Travel Providers on your behalf;
  • Access, monitor, and modify your travel reservations;
  • If you opt in, link your email address with our systems and access your emails to monitor travel reservations;
  • Make changes to your reservations as deemed appropriate by our systems;
  • Process refunds, credits, and other compensation on your behalf;
  • Store and use your travel credentials and information;
  • Execute any necessary documents or agreements with Travel Providers on your behalf; and
  • Make any other changes and take any other actions consistent with, and for purpose of providing, our Services.

2. Scope of Authorization

Authorization provided to us under this Section:

  • Is valid for all current and future reservations shared with us;
  • Applies to all aspects of travel reservations;
  • Extends to all airlines, hotels and other Travel Providers; and
  • Includes authority to agree to Travel Provider terms and policies on your behalf.

4. User Responsibilities

1. General Requirements

You are responsible for:

  • Providing accurate reservation information;
  • Maintaining valid payment methods;
  • Reviewing all modifications made;
  • Complying with Travel Providers' policies and restrictions;
  • Maintaining valid travel documents;
  • Using the Services lawfully and in compliance with this Agreement; and
  • Paying any amounts due relating to all bookings or otherwise owed to Travel Providers.

2. Account Requirements

You must:

  • Provide accurate information related to your account;
  • Keep credentials secure;
  • Immediately update information as needed; and
  • Promptly change your personal information if you have reason to believe that your account is no longer secure (e.g., loss, theft, or unauthorized disclosure or use of your information or device used to access the Services).

We may, at our sole discretion and at any time without advance notice, suspend or terminate your account for any violations of this Agreement, fraudulent activity, payment issues, or any other reason at our discretion.

5. Use of the Site

The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as expressly permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate, and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Axel (collectively, the "Axel Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of Axel. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, collectively with Axel Trademarks, the "Trademarks"). Nothing on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Axel specific for each such use. The Trademarks may not be used to disparage Axel or the applicable third party, Axel's or third party's products or services, or in any manner that may, using commercially reasonable judgment, damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Axel's prior written consent. All goodwill generated from the use of any Axel Trademark shall inure exclusively to Axel's benefit.

You agree not to: (a) take any action that imposes an unreasonable load on the Site's infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) circumvent or disable any security features of the Site, or probe, scan, or test the vulnerability of the system; (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site (except to the extent this restriction is prohibited by applicable law); (e) delete or alter any material posted on the Site by Axel or any other person or entity; (f) reformat, mirror, frame or link to any of the materials or information available on the Site; (g) restrict, discourage, or inhibit any other person from accessing or using the Site; or (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or reproduce or circumvent the navigational structure or presentation of the Site or its contents.

The Site may contain links to third-party web sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by this Agreement. None of the Content for the Site may be retransmitted without the express written consent from Axel for each and every instance.

Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Axel is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

6. Consent to Electronic Communications

You consent to receiving our newsletter and other marketing-related materials from us through email and third-party message services. If you wish to remove yourself from our customer list for such marketing-related materials, please use the unsubscribe link or reply to the email or message with "OPT-OUT", "UNSUBSCRIBE", "STOP", or "REMOVE" in the subject line, as instructed in the email or message.

By using the Services, you also consent to receiving electronic communications from us sent through third-party message services such as WhatsApp.

7. Fees and Payment

1. Service Fees

Our service fees are as specified in our pricing on the Site, are subject to change without notice, and may vary by service type. Our fees are non-refundable unless expressly specified on the Site.

2. Payment Authorization

You authorize us to:

  • Charge payment methods that you may provide us from time to time;
  • Store your payment information that you provide;
  • Process automatic payments;
  • Collect service fees for our Services from any savings we may secure on your behalf via the Services; and
  • Pass on your payment information to Travel Providers.

8. Disclaimer of Warranties and Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF AXEL PARTIES (DEFINED BELOW) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE FROM NEW JERSEY, THE PROVISIONS OF THIS SECTION 8 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

1. DISCLAIMER OF WARRANTIES

AXEL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "AXEL PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING:

• AVAILABILITY OF LOWER HOTEL OR AIRLINE PRICES;
• SUCCESS OF REBOOKING ATTEMPTS;
• ANY TRAVEL PROVIDER'S ACCEPTANCE OF REBOOKING;
• SPECIFIC SAVINGS AMOUNTS;
• ACTIONS OR DECISIONS MADE BY THIRD-PARTY PROVIDERS AND THEIR SERVICES; OR
• THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, SATISFACTORY QUALITY, COMPLETENESS, TIMELINESS OR RELIABILITY.

2. GENERAL LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR:

• TRAVEL PROVIDERS' DECISIONS OR POLICIES;
• RESERVATION MODIFICATION FAILURES;
• MISSED SAVINGS OPPORTUNITIES;
• TRAVEL DISRUPTIONS OR CHANGES, INCLUDING RESERVATION CANCELLATION OR DELAYS;
• TECHNICAL FAILURES OR DELAYS; OR
• THIRD-PARTY ACTIONS OR OMISSIONS.

EACH OF THE AXEL PARTIES' MAXIMUM LIABILITY UNDER THIS AGREEMENT (REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND FOR ANY REASON, INCLUDING AXEL'S NEGLIGENCE) WILL BE LIMITED TO THE FEES PAID TO AXEL FOR THE SPECIFIC SERVICE PROVIDED BY AXEL. IN NO EVENT WILL ANY OF THE AXEL PARTIES BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE (INCLUDING LOST PROFITS, OPPORTUNITY COSTS, ETC.) EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

3. SPECIFIC DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SITE AND CONTENT

THE AXEL PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

THE AXEL PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERRORFREE OR THAT THE SITE, ITS SERVER(S), OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO AXEL PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE AXEL PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY AXEL PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH AXEL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Axel Parties from and against any loss, damage, fines, expense or liabilities of any kind that may result from any third-party claims, actions, or demands arising out of (i) your breach of this Agreement, (ii) your access to, use, or misuse of the Content or the Site, (iii) your use of our Services, or the Travel Products booked through our Services, (iv) your negligence, recklessness or intentional misconduct, and/or (v) your violation of any law or the rights of a third party, and will reimburse the Axel Parties for all expenses (including reasonable legal and accounting fees) as incurred in connection with any such claim, action, or demand. Axel shall provide notice to you of any such claim, suit, or proceeding. Axel reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting Axel's defense of such matter.

10. Termination of this Agreement

Axel reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, the Content or the Services at any time and for any reason without prior notice or liability. Axel reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

Sections 5 (Use of the Site), 6 (Consent to Electronic Communications), 8 (Disclaimer of Warranties and Limitation of Liability), 9 (Indemnification), 10 (Termination of this Agreement), 13 (Dispute Resolution), and 14 (Miscellaneous) shall survive the termination of this Agreement.

11. User Must Comply with Applicable Laws

Axel and the Site are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

You expressly agree to comply with all applicable U.S. federal, state and local laws and restrictions governing the export and use of products and information, and agree not to export or re-export any of the Content to countries or persons prohibited under applicable export control laws. By downloading the Content and using the Site, you are expressly agreeing that you are not in a country where such export and use is prohibited or are a person or entity for which such export and use is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content and use of the Site.

12. Governing Law; Dispute Resolution

1. Governing Law, Jurisdiction, and Venue

This Agreement and all matters arising out of or relating to this Agreement are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws provisions. You and Axel hereby irrevocably consent to the mandatory and exclusive personal jurisdiction and venue of the state and federal courts located in Seattle, Washington, with venue proper only in Seattle, Washington. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.

2. Mandatory Arbitration Requirement and Class Action Waiver

In the interest of resolving disputes in the most expedient and cost-effective manner, you and Axel agree, to the fullest extent permitted by applicable law that, subject to the exceptions in Section 12.3 below, any and all disputes arising out of or relating to this Agreement and/or your use of the Services will be resolved finally and exclusively on an individual basis (and not by means of class action), and by binding arbitration.


YOU UNDERSTAND AND AGREE THAT, BY CONSENTING TO THIS AGREEMENT, YOU AND AXEL ARE EACH WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE EXCEPTIONS INCLUDED HEREIN IN SECTION 12.3, THE RIGHT TO RESOLVE ALL CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS IN COURT. 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, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES). YOU AND AXEL ALSO UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDING RELATED TO A CLAIM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, MULTI-CLAIMANT, OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND AXEL ALSO AGREE THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.


Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.


The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Washington, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor. The prevailing party shall be entitled to receive from the other party all attorneys' fees and costs incurred. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in the State of Washington. The AAA Commercial Arbitration Rules can be found at www.adr.org/Rules.

3. Mandatory Arbitration Exception

Notwithstanding the requirement that claims be resolved through arbitration in Section 12.2 above, Axel has the right to (a) bring an individual action against you in small claims court, (b) pursue an enforcement action against you through applicable federal, state, or local agencies if that action is available, (c) seek injunctive, emergency, preliminary, or equitable relief for your breach of this Agreement or misuse of our Services in a court of law, (d) file suit to address an intellectual property claim in a court of law, (v) file suit in a court of law related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use. We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

4. Time Limitation on Claims

You agree that, except with respect to claims brought under Section 12.3, to the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Miscellaneous

1. Severability

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

2. Waiver

Failure of Axel to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. No waiver shall be effective against Axel unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

3. Entire Agreement

This Agreement makes up the entire agreement between you and Axel with respect to the subject matter hereof and replaces any prior or contemporaneous understandings or agreements (whether oral or written) with respect to the subject matter hereof.

4. Headings

The section headings are provided merely for convenience and shall not be given any legal import.

5. Assignment

This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. You may not assign this Agreement or any portion thereof without the prior written consent of Axel.

Questions about this Agreement should be directed to: help@helloaxel.com