a. When you complete your booking, you accept these Terms and Conditions ("Terms") and any other ones that you're provided with during the booking process. These Terms include an agreement to mandatory, binding individual arbitration, which means that you agree to submit most disputes related to our website and mobile application ("Platform"), the use of the services on our Platform, or these Terms, to binding arbitration rather than proceeding in court. These Terms also include the waiving of any class action or jury trial.

b. If anything in these Terms is (or becomes) invalid or unenforceable:

• it will still be enforced to the fullest extent permitted by law
• you will still be bound by everything else in the Terms

c. The English version of these Terms is the original. If there's any dispute about the Terms or any discrepancy between the Terms in English and another language, the Terms as they appear in English will apply.

a. When you book a room, Apogee Travel provides and is responsible for the Platform, but not the Hotel experience itself (see Section 3 below).

b. When you make a booking, it's directly with the Hotel. We are neither a "contractual party" to your booking, nor are we not a party to the terms between you and the Hotel. The Hotel is solely responsible for the Hotel experience.

c. We work with companies that provide local support services (e.g. Customer Support or account management). They do not:

• control or manage our Platform
• have their own Platform
• have any legal or contractual relationship with you
• provide Hotel experiences
• represent us, enter into contracts, or accept legal documents in our name
• operate as our "process or service agents."

a. Apogee Travel, LLC owns and operates the Platform.

b. We provide the Platform on which Hotels can promote and sell their accommodations, and you can search for, compare, and book them.

c. We take reasonable care in providing our Platform, but we can't guarantee that everything on it is accurate - we get our information from the Hotels. To the extent permitted by law, we can't be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.

d. Information about Hotels (e.g. facilities, house rules, sustainability measures) and their operation (e.g. prices, availability, and cancellation policies) is based on what they provide to us. They are responsible for making sure it's accurate and up to date.

e. Our Platform is not a recommendation or endorsement of any Hotel or its products, services, facilities, etc.

f. To make a booking, you may need to create an Account. Make sure all your info (including payment and contact details) is correct and up to date, or you might not be able to access your Account. You are responsible for anything that happens with your Account, so don't let anyone else use it and keep your username and password private.

g. Unless otherwise indicated, you need to be at least 16 years old to use the Platform.

h. Once you've booked your accommodation, we will provide you and the Hotel with details of your booking, including the names of the guest(s).

a. When you make a booking, you agree to pay the cost of the Hotel, including any taxes and charges that may apply.

b. Obvious errors and misprints are not binding. For example, if you book a night in a luxury suite that was mistakenly offered for $1, we may simply cancel that booking and refund anything you've paid.

a. Guests will select the charity of their choice when booking a room.

b. All charitable transactions conducted after December 15th of each year may be distributed to the charities the following year.

c. When you make a booking, you accept the applicable policies as displayed in the booking process. You'll find each Hotel's cancellation policy and any other policies (e.g. age requirements, security/damage deposits, additional supplements for group bookings, extra beds, breakfast, pets, cards accepted, etc.) on our Platform, on the Hotel information pages, during the booking process, in the fine print, and/or in the confirmation email or ticket (if applicable).

d. If you cancel a booking, any cancellation penalty or refund will depend strictly upon the individual Hotel's cancellation policy.

• If you cancel a booking before the Hotel's cancelation deadline, you may still be liable for a cancellation penalty.

• If you cancel a booking after the Hotel's cancelation deadline, reservations are considered non-refundable.

e. If you think you won't arrive on time, contact your Hotel and tell them when they can expect you so that they don't cancel your booking. If you are late, we are not liable for the consequences (e.g. the cancellation of your booking or any fees the Hotel may charge).

a. If you have any accessibility requests:

• about our Platform and/or services, contact our Customer Service team
• about your Hotel (wheelchair access, walk-in baths, etc.), contact the Hotel

a.Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look and feel, etc.) are owned by Apogee Travel or its licensors.

b.You are not allowed to monitor, copy, scrape/crawl, download, reproduce, or otherwise use anything on our Platform for any commercial purpose without written permission of Apogee Travel or its licensors.

c.We keep a close eye on every visit to our Platform, and we'll block anyone (and any automated system) that we suspect of:

• conducting an unreasonable amount of searches
• using any device or software to gather prices or other information
• doing anything that places undue stress on our Platform

a. If you have a question or complaint, contact our Customer Service team. You can do so by accessing your booking through the Help Center on our website or our mobile App (where you'll also find some useful FAQs). You can help us help you as quickly as possible when contacting Customer Service by providing:

• your confirmation number, your contact details, and the email address you used when booking
• a summary of the issue, including how you would like us to help you
• any supporting documents (e.g. bank statement, pictures, receipts, etc.)

b. All questions and complaints may be recorded.

c. We try to resolve disputes internally and aren't obliged to submit to any alternative dispute resolution procedures handled by independent providers.

a. We have the right to stop you from making any bookings, to cancel any bookings you've made, and/or to stop you from using our Platform or our Customer Service, and/or from accessing your Account. We will only do this if in our opinion there's a good reason to, such as:

• fraud or abuse
• non-compliance with applicable laws or regulations
• inappropriate language or unlawful behavior (e.g. violence, threats, invasion of privacy) in relation to us or any of the Hotels we work with

b. If we cancel a booking as a result, you may not be entitled to a refund. We may tell you why we canceled your booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly canceled your booking, contact our Customer Service team.

a. These Terms limit only our liabilities under applicable law. Nothing in these Terms will limit our (or the Hotel's) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. Apogee Travel shall not be liable for any losses outside of the rights and responsibilities described in this section, unless said losses are caused by Apogee Travel's breach of these terms. As a non-limiting example, Apogee Travel shall not be liable for any:

• indirect or consequential loss or damage
• loss of profits, use, data, revenues, business opportunities, or goodwill
• special, punitive, or exemplary damages
• inaccurate information about a Hotel
• product, service, or action of a Hotel or other business partner
• mistake in an email address, phone number, or credit card number (unless it's our fault)
• force majeure or event beyond our control

b. If you are in breach of these Terms and/or the Hotel's terms, to the extent permitted by law:

• we will not be liable for any costs you incur as a result, and
• you will not be entitled to any refund

c. The cost of your booking, shown in your confirmation email, is the most we, or any Hotel, will be liable for, whether for one event or a series of events. These liability limitations shall apply to all forms of legal action, whether related to contract, tort, negligence, strict liability, or any other legal action.

d. Unless expressly stated herein, Apogee Travel makes no representations, warranties, or commitments related to Hotels' products or services. We accept no liability for ensuring that said products or services are appropriate for the client's objectives. You alone assume responsibility for this. To the fullest extent permitted by law, Apogee Travel disclaims all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose. We do not warrant or make any representations that the website will operate error-free or uninterruptedly, that defects will be corrected, or that the website and/or its servers will be free of viruses and/or other harmful components. Apogee Travel does not warrant or make any representations regarding suitability, availability, accuracy, reliability, or timeliness of any material of any kind on the website for any purpose, including software, services, information, text, and related graphics content. You agree that you will make use of the Apogee Travel website and services at your own risk. You understand and accept that Apogee Travel is not responsible or liable for any misuse or unauthorized use of its website or services, or for any consequences arising out of such misuse or unauthorized use.

Please read this arbitration agreement carefully. It may impact your rights. This agreement stipulates that most disputes shall be resolved through binding arbitration instead of through any legal actions. This arbitration agreement shall remain in effect after the termination of the Terms.

Apogee Travel is committed to customer satisfaction. Apogee Travel will make its best efforts to resolve all customer concerns or problems related to our services. Customers may pursue a claim against Apogee Travel, as explained in this arbitration agreement, for any unresolved concern or problem. The arbitration agreement stipulates: (1) the initial process for you to follow in reporting your claim to Apogee Travel prior to filing any arbitration or lawsuit in accordance with this arbitration agreement; and, if Apogee Travel is unable to resolve your claim, (2) the recourse available to you in arbitration or, in limited circumstances, in court.

1. Governing Law and Jurisdiction

Apogee Travel and you agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. This arbitration agreement, and these Terms, are made under and will be governed by and interpreted in accordance with North Carolina law consistent with the Federal Arbitration Act, regardless of conflict of law rules. If North Carolina law cannot be applied to the dispute in the customer's jurisdiction due to applicable local law, then the laws of the jurisdiction's country, state, or other place of residence will govern the dispute. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of North Carolina, and you and we consent to personal jurisdiction in those courts. In cases where applicable local law prevents a dispute from being resolved in the North Carolina courts, local courts shall have jurisdiction.

2. Scope

This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all disputes or Claims (as defined below) that may arise between us. By using this Platform, you agree that any and all Claims (as defined below) arising out of or relating to your use of this Platform, or other services provided by Apogee Travel or by the support companies in connection with your use of this Platform (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a "Claim" and collectively "Claims"), will be resolved via mandatory, binding arbitration.

3. Pre-Dispute Resolution

Prior to initiating any dispute or Claim, as discussed further below, you must first give Apogee Travel an opportunity to resolve any complaints by submitting them in writing through Customer Service. This initiates Apogee Travel's "Internal Review Process".

Your message to Customer Service must contain the following information:

• your name

• your address

• the email address used to make the reservation

• the reservation number

• the date of the reservation

• the name of the property reserved

• a brief description of the nature of the complaint, and

• the resolution sought

Together, this is considered the "Required Information" necessary to properly lodge a complaint under the Arbitration Agreement. Additionally, the message to Customer Service must contain a subject line of "Request Under Arbitration Agreement." If your message does not contain this specific text in the subject line, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Internal Review Procedure shall be without effect, and must be reinitiated before any arbitration or other legal action against Apogee Travel. This requirement is intended to properly inform Apogee Travel that you have a dispute and that you seek resolution. If Apogee Travel does not resolve the complaint within 60 days of the initiation of the Internal Review Procedure, you shall be entitled to seek relief as stipulated in this arbitration agreement.

4. Arbitration Procedure

Arbitration shall be initiated through and administered by the American Arbitration Association ("AAA"). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Apogee Travel shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Apogee Travel.

Apogee Travel agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you. If your Claim is for less than $1,000, Apogee Travel shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, Apogee Travel will pay as much of the customer's filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.

Arbitration will be conducted in accordance with the AAA's rules, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA's rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. The customer agrees that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless the customer requests an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party's right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Apogee Travel will ordinarily request that the hearing be held in North Carolina. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator's selection of a hearing location shall be final and binding. You agree that, in the event of an in-person hearing, any Apogee Travel employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.

Any arbitration shall be confidential, and neither Party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly related to that booking among you, Apogee Travel, and the accommodation(s) that are the subject of your dispute with Apogee Travel. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator's determination shall be conclusive.

5. Arbitration Award

The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Apogee Travel customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Apogee Travel agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

6. Exceptions to arbitration agreement

You and Apogee Travel each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court.

7. Class Action Waiver

In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you.

8. Jury Waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.