Kaleidoskope reserves the right to modify these terms of service at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately following the posting of the revised terms of service on the kaleidoskopetravel.com website.
By establishing membership on the Kaleidoskope Site, or purchasing or using products or services through the Kaleidoskope Site, you acknowledge and agree as follows:
- GENERAL These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Kaleidoskope, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States, Europe or other applicable jurisdiction.
You shall establish and use your membership on the Kaleidoskope Site, and purchase and use the products and services available through the Kaleidoskope Site, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Jetsetter may be recorded.
- PRIVACY NOTICE A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Jetsetter is located at [http://www.Kaleidoskopetravel.com/privacy-policy]. You consent to any personal information we may obtain about you (either via the Kaleidoskope Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Kaleidoskope may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
- KALEIDOSKOPE MEMBERSHIP Establishing a Membership
You may establish membership on the Kaleidksope Site. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Kaleidoskope’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.Use of Membership
You shall not use Kaleidksope membership for any purpose competitive to Kaleidoskope or its affiliates. You will notify Kaleidoskope immediately by emailing email@example.com of any unauthorized use of your Kaleidoskope membership or the Kaleidoskope Sites known to you, whether by you or a third party.
Each membership shall be unique. You may not combine your membership booking with another person’s booking to create one reservation.
- ORDER PROCESSING Kaleidksope may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Jetsetter deems appropriate in its sole discretion. Kaleidksope also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Kaleidksope will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
- PRODUCT AND SERVICE AVAILABILITY In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Kaleidksope to make alternative arrangements or to cancel your reservation.
- PRODUCT AND SERVICE DESCRIPTIONS Kaleidksope attempts to provide accurate descriptions of products and services on the Kaleidksope Sites. Certain products and services available on the Kaleidoskope Site may be designated “Kaleidoskope Verified.” Kaleidoskope does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
- SPECIAL REQUESTS If you have any special requests in connection with your Kaleidksope itinerary, you must submit them on the Kaleidksope Site at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. Kaleidksope is not liable for any failure to fulfill a special request, and no cancelation due to any special request not being met shall be allowed.Kaleidksope does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
- PRICING INFORMATION Kaleidksope pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. Kaleidksope retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through Kaleidksope. The rates displayed on the Kaleidksope Site reflect Kaleidksope’s pre-negotiated rates, which include the fees retained by Kaleidksope.
Kaleidoskope strives to provide accurate pricing information regarding the products and services available on the Kaleidksope Site We cannot, however, insure against pricing errors or pricing changes. Kaleidosksope reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, Kaleidoskope will notify you by email and correct the pricing on the Kaleidoskope Site.
If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Kaleidoskope Site, you will be responsible for paying these charges directly to the service provider.
Kaleidoskope does not guarantee that it offers best available rates for products and services available on the Kaleidoskope Site.
- CANCELLATIONS AND CHANGES TO RESERVATIONS Cancellations and changes to reservations made through one of our offer sales are not permitted. With respect to other services and reservations available on the Kaleidoskope Site, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancelation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur.
To the extent you are eligible to cancel or change your reservation, such cancelation is subject to the property’s or tour agent cancelation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., either Kaleidoskope credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by Kaleidoskope.
You may not sell, auction, barter or transfer your reservation to a third party.
- SERVICE PROVIDER RULES AND RESTRICTIONS Service providers may impose additional rules and restrictions on products and services available through the Kaleidoskope Site. Please read these additional terms and conditions carefully. By purchasing products and services through Kaleidoskope you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by Jetsetter for any costs we incur as a result of such violation.
- TAXES AND FEES The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
- INCIDENTALS Kaleidoskope bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
- PAYMENT ALL RESERVATIONS BOOKED THROUGH KALEIDOSKOPE MUST BE PREPAID IN FULL. YOU AGREE TO PAY TO KALEIDOSKOPE THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY KALEIDOSKOPE.
- INSURANCE GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON KALEIDOSKOPE.
- REFERRAL CREDIT PROGRAM On certain of its Sites, Kaleidoskope may offer members the ability to earn credits toward future purchases on the Kaleidoskope Site when they participate in certain referral and marketing promotions (“Referrals”). By inviting a friend to become a member of Kaleidoskope, you represent that your friend has consented to being contacted by Kaleidoskope. Kaleidoskope will tell your friend that you have provided his or her email address to us for purposes of this contact.
You may only earn credits via Kaleidoskope’s authorized channels. Referrals outside of Kaleidoskope authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral program. You will receive credit only if the friend you invite becomes a Kaleidoskope member and books a trip or hotel through the Kaleidoskope Site. If your friend does not follow the directions in an invite email, or if Kaleidoskope determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and Kaleidoskope will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Kaleidoskope accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Kaleidoskope’s Referral program system may, without limiting any other Kaleidoskope rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Kaleidoskope reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Kaleidoskope. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Kaleidoskope, including by using any trademarks of Kaleidoskope.
Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via Jetsetter may only be used on the Kaleidoskope Site and may not be used toward the purchase of a Gift Card. Referral credits generally expire after one year, unless otherwise notified by Kaleidoskope. Referral credits may be subject to certain sale restrictions or exclusions.
Our Referral credit programs are void where prohibited by law. Kaleidoskope reserves the right to terminate the Referral credit program at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the program. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that the statistics that Kaleidoskope may choose to display may not be real-time or accurately reflect the credits you have actually earned. Kaleidoskope will have no liability for any errors displayed in those statistics.
- GIFT CARDS Terms regarding Gift Cards may be viewed by clicking [http://www.kaleidoskopetravel.com/gift-card-terms]. If you need assistance with respect to a Gift Card, please email Customer Service at firstname.lastname@example.org
- SEVERABILITY If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
- MODIFICATION OF TERMS OF SERVICE You acknowledge and agree that Kaleidoskope may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Jetsetter membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS Notwithstanding the expiration or earlier termination of your Kaleidoskope membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
- EFFECTIVE DATE January 02, 2014.