As of November 4, 2025

YAYFLY.COM (this “Company”)

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. These terms and conditions govern your access to and use of this Company’s website and services, so please read everything carefully. This page explains the terms by which you may use this website and any other mobile or web services or applications owned, controlled, or offered by this Company, including but not limited to the this website’s services. This Company and this Company’s website shall be treated interchangeably for all purposes. By accessing this website or any other feature or other Company platform (collectively, this “Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use this Website. In these Terms, “we,” “us,” “our” and “Company” refers to this Company, and “you” and “your” refers to you, the user of this Website.

THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms for any reason and at any time by posting a new version on this Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of this Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with this Website in any way, your only recourse is to immediately terminate your use of this Website.

We Do Not Sell Travel Products

This Website is a flight aggregator search engine. This Company does not provide, own or control any of the travel services and products that you can access through this Website (the “Travel Products”). 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 Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through this Website is at your own risk; this Company has no control over your booking and, as such, disclaims any responsibility should anything go wrong with your booking or during your travel.

The display on this Website of a Travel Product or Travel Provider does not-in any way-imply, suggest, or constitute a recommendation by this Company of that Travel Product or Travel Provider, or any sponsorship or approval of this Company by such Travel Provider, or any affiliation between such Travel Provider and this Company.

This Company hosts content, including prices, made available by or obtained from Travel Providers. This Company is in no way responsible for the accuracy, timeliness or completeness of such content. Since This Company has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on this Website. Prices change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected.

Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

Booking through this Company

If you make a booking through this Website for Travel Products, that booking is made with the Travel Provider named on the booking page and this Website only acts as a user interface. Accordingly, this Company has no responsibility for the booking or the Travel Product because this Company has no involvement in (a) creating the description of the Travel Product, in (b) defining the price and any fees, or in (c) providing the Travel Products that you book. If you have any issues or disputes with your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us.

Intellectual Property

We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on this Website. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on this Website must appear on all copies you print. Other non-Company products, services, or company designations on this Website belong to those respective third parties and may be mentioned in this Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to this Website does not grant you any license or right to use any of the marks included on this Website.

Use of this Website

You may only use this Website if you are 18 or older and can enter into binding contracts. You will be responsible for all use of this Website by you and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your use of the Website is no longer secure (e.g., loss, theft, unauthorized disclosure, or use of your information or computer or mobile device used to access this Website), you must promptly change your Personal information that is affected.

If you decide to have messages or other communications from this Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with an outdated or incorrect phone number. If you install any software or enable any service that stores information from this Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information.

You may only use this Website to search for legitimate travel deals; you may not use this Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using this Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from this Company:

(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of this Company’s pages in a search index. Use of any automated system or software to extract data from this Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;

(ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iii) deep-link to any portion of this Website for any purpose;

(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of this Website or take any action that imposes an unreasonable load on our computer or network equipment;

(v) reproduce, duplicate, copy, sell, trade, resell or exploit this Website;

(vi) use any feature of this Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;

(vii) post or distribute any material on this Website that violates the rights of any third party or applicable law;

(viii) use this Website to collect or store personal data about others;

(ix) use this Website for any commercial purpose, other than its intended use; or

(x) transmit any ad or promotional materials on this Website

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of this Website.

You further agree not to:

• Circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this Website or any content on this Website;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
• Provide false or deceptive information;
• Solicit personal information from anyone;
• Remove or alter any copyright or other proprietary notices on or in connection with any content on this Website;
• Publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.

Notify Us of Infringers

If you believe any of the content on this Website violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Legal Team, Copyright Enforcement

Legal@fargotravels.com

Again, we cannot take action unless you give us all the required information.

Warranty Disclaimer

This Website, all content and services provided on this Website and all itineraries that you obtain are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. This Company expressly disclaims, to the fullest extent permissible, all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

Our Liability Is Limited

This Company (together with its officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to this Website, your downloading of any content from this Website or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of this Website or our content; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or nonperformance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

You Agree to Protect Us

Subject to these Terms, you will defend, indemnify and hold this Company and each of its officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including-without limitation-reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to this Website or the Intellectual Property.

Arbitration and Waiver

You agree that by accepting the Terms, you and the Company are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THIS COMPANY (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO DATA, YOUR INTERACTION WITH THIS COMPANY, THIS COMPANYS’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES THIS COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THIS COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If you intend to seek arbitration, you must first send to this Company by email, a written Notice of Dispute (“Notice”). The Notice to this Company must be sent to Legal@fargotravels.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and this Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and this Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims that you assert against this Company in accordance with this section (but not for any arbitration claim against you), this Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all Claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING, IN ANY WAY, TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.

Links

This Website may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.

Air Carrier Rules

The circumvention of an air carrier’s rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier’s pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions, including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser’s credit card, additional charges collected at the airport, or future invoicing.

Hacker Fare

In the case of a Hacker Fare, this Website displays search results for a combination of Travel Products (e.g., separate flight and hotel results, or two one-way flights, instead of a round trip). If you use these search results, you will make two different bookings with different rules and policies (for example, for baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). If you are traveling internationally, you may need to provide proof that you have a return flight at check-in and at immigration.

General Requirements

We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email).

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

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. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of this Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of this Website.

To the extent permitted by law, the laws of the State of New York (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of this Website or these Terms, or our services, you agree to file such action only in the state and federal courts located in New York, New York (USA); if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with this Website and/or these Terms, will be resolved individually, without resort to any form of class action.

Artificial Intelligence

Some features and tools in our services and on Our Website use artificial intelligence (“AI”), including generative AI. This Company may partner with third parties entities or utilize third party large language models in developing and providing these services. This Company processes data you may input and any generated data for purposes of providing you with our services, for product improvement purposes, for quality and troubleshooting purposes, and other purposes in accordance with these Terms and our Privacy Policy. When we partner with third party entities, we do not permit such third parties to train their own models based on personal or otherwise sensitive data provided to us, unless in exceptional circumstances, where the use case will undergo a robust internal review and approval process. All information and content generated by such AI tools are provided on an “as-is” and “as-available” basis. This Company makes no representations of any kind as to the relevance, accuracy, or completeness of such content and is not responsible for any damage or losses arising from your use of or reliance on such content.

This Website is operated by:

Fargo Travel Agency, Inc

Last updated: November 4, 2025