These addenda layer on top of, and can override, both Section 40 (Platform Agreement law) and Section 41 (Supplier-Customer Contract law) per Section 42. Each requires local counsel drafting and should address, at minimum:
European Union / EEA: Right of withdrawal exemptions for leisure/travel services under the Consumer Rights Directive; Package Travel Directive applicability; Digital Services Act obligations (illegal content reporting, trader traceability, transparency reporting); confirmation that EU-resident Customers retain home-country mandatory protections and home-court access under Rome I / Brussels I Recast.
United Kingdom: Consumer Rights Act 2015 statutory guarantees; Package Travel and Linked Travel Arrangements Regulations 2018 applicability.
United States: State-specific disclosure requirements; FTC guidance on cancellation/refund advertising claims (see Section 17.4 — marketing claims must match actual terms exactly); assessment of which state consumer-protection statutes cannot be waived by an out-of-state choice-of-law clause.
Australia: Australian Consumer Law (ACL) guarantees that cannot be excluded. The ACL attaches to conduct connected with the supply of services in Australia, not to the buyer's residency — a Supplier delivering a tour in Australia is subject to ACL guarantees regardless of where the Customer booking it lives (this is the mechanism behind Section 41's default). Separately confirm whether ACL protections also extend to the Platform Agreement itself where the Platform is found to be supplying services "in trade or commerce" connected to Australia.
Other markets — General Baseline Policy: See Section 44.1 below. This baseline applies by default to any Customer whose country of habitual residence is not separately addressed above, until such time as a jurisdiction-specific addendum is adopted for that market.
44.1 General Baseline Policy for Other Markets
44.1.1 Application
This Section 44.1 applies to Customers who are habitually resident in a country or territory for which no jurisdiction-specific consumer addendum is expressly provided in Section 44 (an “Unlisted Market”).
This Section establishes the general consumer-protection framework applicable to Customers in Unlisted Markets. It does not limit or exclude any rights or protections that apply to a Customer under mandatory applicable law.
44.1.2 Governing Terms and Mandatory Consumer Protections
Sections 40 and 41 set out the governing law applicable to the Platform Agreement and the Supplier-Customer Contract, respectively. Those provisions apply subject to Section 42 and any other mandatory consumer-protection laws that cannot lawfully be excluded or limited by agreement.
Where mandatory consumer-protection law of the Customer's country of habitual residence applies to the relevant transaction, nothing in this Agreement is intended to exclude, restrict, or waive any protection that the Customer is entitled to receive under that law.
A Customer's rights under mandatory applicable law apply regardless of whether the Customer's country or territory has a jurisdiction-specific addendum in Section 44.
The fact that the Platform is accessible in a particular country or territory, or that a Customer accesses the Platform from that country or territory, does not by itself determine the law applicable to the Customer's Booking or the Supplier-Customer Contract. The applicability of mandatory local law will be determined in accordance with applicable conflict-of-law and consumer-protection rules.
44.1.3 Baseline Consumer Commitments
Subject to any more specific rights or protections provided elsewhere in this Agreement or by mandatory applicable law, the Platform will provide Customers in Unlisted Markets with the following baseline commitments:
(a) Fair and accurate information.
The Platform will take reasonable steps to ensure that material information concerning Activities, including descriptions, availability, pricing, fees, restrictions, and cancellation terms, is presented accurately and is not knowingly false, misleading, or deceptive.
(b) Pricing transparency.
The Platform will disclose the Booking Amount and any mandatory fees or charges payable by the Customer before the Customer completes the Booking, subject to any disclosure requirements imposed by mandatory applicable law.
(c) Cancellation and refund rights.
Customers in Unlisted Markets will have the benefit of the cancellation, refund, and related rights expressly provided under this Agreement and, where applicable, any additional or different rights required by mandatory applicable law. Nothing in this Section limits a Customer's rights under Section 17 or any other applicable provision of this Agreement.
(d) Customer support and complaints.
Customers in Unlisted Markets may access the Platform's customer support and complaint-handling processes described in Section 33. Where mandatory applicable law provides additional rights to complain to a competent consumer-protection authority, regulator, ombudsperson, or other competent body, the exercise of those rights is not affected by this Agreement.
(e) Data protection.
The Platform will process Customer personal information in accordance with its Privacy Policy and applicable data-protection law. Nothing in this Section limits any mandatory rights or protections that the Customer may have under applicable data-protection law.
(f) Dispute resolution.
Any governing-law, jurisdiction, arbitration, mediation, or dispute-resolution provision in this Agreement applies subject to any mandatory rights or restrictions under applicable consumer law. Nothing in this Agreement requires a Customer to submit a dispute to arbitration, waive a right to bring a claim before a court or competent authority, or waive any other procedural protection where doing so would be prohibited by mandatory applicable law.
44.1.4 Relationship with Jurisdiction-Specific Addenda
Where a jurisdiction-specific addendum in Section 44 applies to a Customer, that addendum will govern to the extent it provides specific terms for that jurisdiction.
If there is any inconsistency between this Section 44.1 and an applicable jurisdiction-specific addendum, the jurisdiction-specific addendum will prevail to the extent of the inconsistency.
The Platform may introduce, amend, or replace jurisdiction-specific addenda from time to time in accordance with Section 46.
44.1.5 No Reduction of Mandatory Rights
Nothing in this Section 44.1, or elsewhere in this Agreement, is intended to exclude, restrict, or waive any right or remedy that cannot lawfully be excluded, restricted, or waived under mandatory applicable law.
Where a provision of this Agreement conflicts with a mandatory consumer-protection requirement applicable to a Customer, that provision will apply only to the extent permitted by applicable law, and the mandatory requirement will prevail to the extent of the conflict.