Terms of Membership

Trip Concierge is about great travel at fair prices. We try to keep our terms of service as simple as possible, however some restrictions apply to avoid abuse of the system. They are outlined below.

Things to Remember

Booking in Advance

One of the benefits of membership is that the only thing you need to do is choose a destination and a date. No more scouring websites for hotel deals and being duped by airlines confusing pricing tricks. To keep things organised, and although we will do our best to arrange for last minute travel, please remember that domestic bookings in the United States do require two week advance notice. And international travel requires three weeks advance notice. We cannot guarantee availability for ultra-last minute bookings. So remember, 2 Weeks for Domestic, 3 Weeks for International trips.

We will Choose the Airline and Departure Times

Membership with us means never having to travel on a low cost carrier ever again. Our goal is to get you there as quickly and efficiently as possible with the least hassle. We have spent years refining routes and finding the best options. Because you don't have to worry about flight prices, you are free to travel the best and most efficient route. So as much as we will try to cater to your airline preferences, you cannot choose the departure time on the day of travel. However, you get to earn and keep all the miles - that's even more vacations.

Our preferred airlines are the majors including Delta, American and United. Our preferred airlines for Europe are Delta, American, Air France, KLM, Virgin Atlantic, United, Lufthansa, SAS, Swiss and British Airways (London only). Our preferred airlines for Asia are United and ANA. Our preferred airlines for Latin America are American and United.

We will Choose Your Hotel based On Your Membership Category

Similar to Priceline, you can only choose a category, but not the actual hotel. Our team has travelled, researched and ranked over 450 hotels worldwide. We always ensure hotels are of the highest quality, in great locations either downtown, near the beach or close to sights of interest. We make every effort to choose the best hotel available at every destination. Your hotel category is determined by your membership tier. You can always change this in our self-service portal, or by contacting us. Also remember that for individual memberships hotel rooms are booked for single-occupancy. So if you travel with friends, relatives or a spouse, just add the Companion Membership add-on to your plan and you can always bring someone along.

We choose the Activities Based On Our Experience

You could argue that there are too many activities to please everyone. Our experience tells us that there are many activities that you will regret. Activities always sound great on a website. But once you get there you realise its totally the wrong thing to do for the destination, the service is awful, or worse somebody ran away with your money. We know the destinations, we even know which snorkelling adventure on the Galapagos is the best - because we have been there. Members in a higher membership tier can choose lower tier activities as well. Please make this request at the time of booking.

With Trip Concierge You Never Travel Alone

The worst part of booking travel on your own is if something goes wrong. Who hasn't been on hold for hours with the airline due to a cancellation or bad weather. With us you are never alone, if something goes wrong on your trip, we are here to help. A simple text email or call will spring us into action. Whether that is rebooking you on another flight, finding alternative hotels, or getting you home in case of a medical emergency. We have you covered.

Trips Are Non-Refundable

You have 24 hours to change your mind. Once booked and confirmed, trips are non-refundable. You loose them if you cancel. We highly advise trip insurance for this reason. If you want to sign up to trip insurance, its not too late. Please contact us at 1-800-503-8173 or via email at ask@tripconcierge.co

Trip Insurance is Recommended

Although our higher member tiers automatically have trip insurance included, smart and smart international members may want to consider adding trip Insurance. Because trips are non-refundable, you want to ensure that you are able to recover the cost in the case of a medical, family or personal emergency. More importantly it provides you with peace of mind when you are in a foreign country. Our insurance is offered through Allianz Global Protection, one of the largest insurers in the world. Insurance coverage is an annual plan and covers all your travel, even ones not booked with us. The insurance coverage goes above and beyond any insurance covered by your credit card provider.

Membership is a 12-Month Committment

You can cancel early, but you must settle the remainder of your outstanding membership fee. We do not currently offer the option to suspend your membership. If you have a covered reason, you can recover the cost through your trip insurance coverage.

Trips Do Not Roll Over

We really want you to go on vacation. Its good for the soul. And we have a use’em or lose’em policy. If you do not use up your trips within a 12 month period, you will lose them. We currently do not offer a way to roll them over into the next year.

Membership Agreement

The Trip Concierge Membership is being offered by Kxter Inc. doing business as Trip Concierge. By subscribing to Kxter Inc.’s (“Trip Concierge”) membership you (“Member”) and Trip Concierge agree to the following terms and conditions (this “Agreement”) relating to the services provided in relation to Member’s subscription to Trip Concierge’s membership program. Trip Concierge may amend or modify this Agreement from time to time. Amendments and modifications to this Agreement will be effective upon Trip Concierge’s publication of such amendments or modifications on its website and the Trip Concierge mobile application (the “Application”). Member’s continued access or use of the Service or the Application after such posting constitutes Member’s consent to be bound by the amended or modified Agreement. Trip Concierge and Member are sometimes referred to herein collectively as “parties” and each a “party”.

1. TRIP CONCIERGE’S PROGRAM AND SOFTWARE

As one of the benefits of the membership program, Trip Concierge, as Member’s agent, agrees to arrange air transportation, hotel, car, cruises and activity services for Member and/or Member’s guests to be provided by travel suppliers (the “Program”). Member understands that Trip Concierge is a travel agency and not a travel supplier like an airline, aircraft operator, hotel operator or activity operator and arranges travel solely as a manager of the Program and as Member’s agent. For clarification purposes, “Trips”, “Vacations”, “Cruises”, and “Charter”, refers to arranging, booking of such travel. Except when it is expressly stated, all travel arrangements are made on-demand according to customer-directed itineraries and flight requirements under the terms and conditions, restrictions and limitations reflected herein. We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Trip Concierge is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.

All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government.
Trip Concierge may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members and their guests can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.

2. MEMBERSHIP SERVICES

In exchange for a membership fee, Trip Concierge provides access to numerous services and benefits that include, but are not limited to, travel agency and concierge services that can assist with various types of reservations, including hotel, restaurant, nightlife entertainment, yachts and cars; customer service of membership specialist; invitation to Trip Concierge organized events; sourcing aircraft for the purpose of Aircraft Charter; acting as Member’s agent in negotiating with operators and signing charter contracts on Member’s behalf; organizing aircraft reservation; coordinating payment; arranging in-flight services; flight tracking; and services as a charterer in organizing public charter flights (collectively, the “Services”). The specific Services a Member will have access to (and any limits on such Services) is based on the tier of membership that a Member purchases. Trip Concierge reserves the right to change, suspend or terminate any of the Services or benefits at any time, including, without limitation, changes, suspension or termination of any routes, destinations used and/or operators or travel suppliers that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits. Trip Concierge may from time to time offer new destinations, special destination promotions and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges. Grandfathered membership fee rates are subject to periodic inflation adjustments and do not include access to new services or benefits that may be offered after the initial date of purchase of membership.

3. FEDERAL AVIATION REGULATION PART 135 OPERATIONS

Certain flights under this Agreement may be operated by a FAR Part 135 air carrier (the Operator), who shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”). Trip Concierge is not a FAR Part 135 air carrier and does not provide air carrier services. The Operator performing the flight will be subject to, among other things, flight time and duty time restrictions, and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Member understands and agrees that the Operator shall have absolute discretion in all matters, including, without limitation, the preparation of the aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight will be performed, what route will be flown, and all matters relating to the operation of the aircraft. Member specifically agrees that the Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could compromise the safety of a flight and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of the Operator shall create or support any liability for loss, injury, damage or delay to Member. In addition, the Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by the Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of the Operator could involve hazard or risk to himself, herself or others; or (d) who fails to provide proper identification.

4. ACCEPTANCE OF MEMBERSHIP

Member agrees to provide all information requested by Trip Concierge through the Application, software and forms provided online, via email or mail in accordance with Trip Concierge policies and procedures. Acceptance of Members into the Membership Program and renewal of Member’s Membership for an additional term is at the sole discretion of Trip Concierge. If upon application, Member is refused admission to the Membership Program, Trip Concierge will refund the Membership Fee, if any was charged, and there shall be no further obligation owed by either party. Trip Concierge reserves the right to revoke Member’s admission to the Membership Program at its sole discretion at any time during Member’s Membership term by refunding prorated Member’s Membership Fee paid to Trip Concierge.

5. MEMBERSHIP FEE AND THE MEMBERSHIP ACCOUNT

In exchange for access to the Membership Services, Member agrees to pay an annual membership fee during the entire Term (defined below) of this Agreement (the “Membership Fee”). The Membership Fee includes all applicable taxes. The Membership Fee is due on an annual recurring basis, paid in monthly instalments. Trip Concierge reserves the right to increase the Membership Fee from time to time, which increases will apply to existing Members upon renewal of Membership for subsequent Terms unless expressly agreed otherwise by Trip Concierge. Member agrees to provide Trip Concierge a credit card and authorizes Trip Concierge to automatically charge the Membership Fee to the credit card on file. Members shall provide new or updated credit card information promptly following expiration of the credit card on file. The Membership Fee is an access fee for use of the Service, is not a payment for air transportation, and is non-refundable, except as specifically provided herein, even if Member fails to utilize the Program or the Services. The Membership Fee is not amortized over time and not based on Member’s ability to purchase or use the Service. If a Membership is cancelled or terminated for any reason, Member shall pay a membership reactivation fee in the amount of 50% of the prevailing annual membership fee in addition to the prevailing annual membership fee in order to re-activate his or her Membership for any new term.

6. TERM

Unless otherwise specified on the Membership Invoice or terms of a valid promotional membership offer, the Membership term is for a period of twelve (12) months (the “Term”), commencing on the day the first instalment are paid in full (the “Effective Date”). Trip Concierge reserves the right to terminate and cancel Member’s Membership at any time and for any reason, including if Member breaches any terms or conditions of this Agreement or other agreements incorporated herein by reference. Member understands and agrees that if the Membership is cancelled due to Member’s breach of any terms or conditions of this Agreement or other agreements incorporated herein by reference, Member will lose all privileges, any Initiation Fee, Membership Fee and forfeit accrued flight credits and any additional benefits that might be available to Member. Trip Concierge will not owe any further obligation to provide any Services, credits or benefits to Member. Except as expressly provided herein, Member agrees that he or she will not be entitled to a refund of the Membership Fee, the Initiation Fee or any portion of it and will hold Trip Concierge harmless for the loss of the Service, credits or any additional benefits. For our installment plans, you are entering a 12-month contract to pay $2,388 dollars in equal instalments of $199 per month for the Smart Membership; $3,588 dollars in equal instalments of $299 per month for the Smart International Membership; $9,588 dollars in equal instalments of $799 per month for the Premium Membership; $15,588 dollars in equal instalments of $1,299 per month for the Posh Membership; $119,988 dollars in equal instalments of $9,999 per month for the Luxe Membership. Failure to pay your membership dues will incur a charge of $25 dollars per month and a charge of 17% interest on all outstanding balances. We reserve the right to hire a debt collection firm to collect outstanding membership dues.

7. RENEWAL AND TERMINATION

Unless Trip Concierge determines not to renew, the Membership Term will be conveniently renewed automatically and you agree to be charged the applicable annual membership fee for the subsequent Membership Terms unless you provide Trip Concierge a written notice not to renew at least thirty (30) days prior to the expiration of any preceding Term via email to renewals@TripConcierge.co. If Member’s credit card is declined, Member agrees to provide a different method of payment within three (3) business days. If Member fails to provide a different method of payment, and the Membership Fee is due and outstanding longer than ten (10) business days, the Member’s Membership will be cancelled, and Member will forfeit and lose any Initiation Fee and any other accrued benefits, including trip credits. Any outstanding charges shall remain due until paid in full.

8. TRIP RESERVATION POLICY

Trip credits are non-renewable limits on the number of trip reservations reservations members can make at one time (“Trip Credits”). Trip Credits for members in the unlimited travel tiers are automatically replenished and credited to the Member’s account after the trip that he or she utilized the Trip Credit for is performed. The number of Trip Credits required for a reservation is displayed on the trip detail page and may differ from destination to destination based on various factors such as, among other things, length of the trip, type of destination, and demand and supply availability. Reservations for trips with limited availability, such as seasonal or promotional trips, will require a requisite number of Trip Credits and additional payment. Promo destination reservations are subject to availability and are offered on a first come first served basis. Detailed Restrictions for reservations, booking and cancellations are as follows:

(a) Trips must be booked two (2) weeks in advance for domestic destinations and three (3) weeks in advance for international destinations. Last minute travel requests outside of this minimum booking requirement will be considered on a case-by-case basis, but are not guaranteed.

(b) A trip must be completed before you can book another trip. The small fraction of customers using >2 trips/mo may notice reduced availability until next bill cycle due to trip prioritization.

(c) Qualifying credit, a valid major credit card or payment in full is required upon registering. In order to book a trip you must have a valid active membership subscription that is paid and up to date.

(d) Domestic Trip Cancellation incurs a $1,000 penalty. International Trip Cancellation incurs a $2,000 penalty. You can claim this amount with your insurance provider. Basic trip medical insurance is included in your membership, except the Smart Membership. Smart members can add trip insurance for an additional $20 per month. No guarantee can be made that you will be able to make a successful claim for reimbursement with the insurance underwriter.

(e) Air travel is in non-refundable economy on international flights and non-refundable economy in North America. We generally try to avoid basic economy fare options, unless there are no other flights available. If you cancel your ticket for any reason, the airline will issue you a flight credit, subject to their change fees. The change fees may exceed the actual value of the ticket. Upgrade to a higher fare class incurs an extra charge. Carry-ons, seat reservations. meals and checked baggage may incur an extra charge by the air carrier.

(f) Hotel categories are dependent on your membership tier. They are 3-star accommodations for smart and smart international, 4-star accommodations for Premium, 5-Star accommodations for Posh and 5+-star accommodations for Luxe membership tier. Upgrade to a higher star category incurs an extra charge. Resort fees may be charged by the hotel upon arrival. We make best efforts to cover these fees. Should you encounter a resort fee that has not been covered please contact a trip concierge team member for instructions on reimbursement. If you cancel your hotel reservation you will lose the entire benefit of the hotel stay, no exceptions.

(g) Travel packages are designed for one (1) guest travelling. If you choose to travel with a companion, you must add the companion membership at the time of sign-up. Non-members can fly with you, but they will have to pay the per person rack rate of the package. To be honest, it’s really more economical if they sign up for membership too. Although we try not to penalize single travelers, certain international destinations may incur a single person supplement – however we will always clearly mention it and let you know.

(h) Unlimited travel is only available for our Luxe membership tier. Travel is not available for all countries and destinations, but rather travel is limited to packages being offered during any calendar year. Special requests for trips can be made. Custom trip bookings incur additional charges.

(i) We reserve the right to suspend travel to destinations where there may be adverse or dangerous conditions, travel or weather warnings, as may be determined by the Department of State, FEMA or other international governments.

(j) Guests may encounter arrival and departure taxes, and visa fees in some countries. A valid form of ID is required for travel, this may include a drivers license for domestic travel and passport and visas for international travel. Airlines will refuse boarding unless you have the proper travel identification and authorizations.

(k) Trip Concierge membership is only available to residents of the continental United States. Not for extended international travel; you must reside in the U.S. and primary outbound travel must originate in the continental U.S.

(l) Airport transfer may be included in your membership tier. This may include airport taxi, airport executive limos, uber or lyft credits and/or rail transfer where available. In certain international locations we may provide you with a transfer voucher to show to a local tour operator representative. Stretch limousines, SUV’s, speciality or helicopter transfers are extra.

(m) Certain product features not available in some areas; we are not responsible for our partners' products.

(n) Trip Concierge limited-time offers: Limited-time offer; subject to change.

(o) Plans, packages, certain components and features may change or be discontinued at any time.  

9. LIMITATION OF THE NUMBER RESERVATIONS

Members may only have one active reservation at a time. Travel on a previous reservation needs to be completed before the next trip can be booked. From time to time, Trip Concierge may introduce various promotions and relax these restrictions on specific, destinations, products and services. In its sole discretion, Trip Concierge may impose a limit on the amount of trips that can be booked per single transaction. Any unused Trip Credits will expire 12 months after they are credited.

10. PROMOTIONAL MEMBERSHIPS

At its sole discretion, Trip Concierge may offer certain Members trial or other promotional memberships with different features, which are subject to the terms of this Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer. If no period is specified, Trip Concierge may terminate promotional Memberships at any time in its sole discretion.

11. SERVICE LIMITATIONS

Services are subject to Trip Concierge’s Terms of Use, Copyright Policy, Charter Terms and Public Charter Operator-Participant Agreements available for review at https://TripConcierge.co/legal/ (collectively, “Terms and Conditions”). By entering into this Agreement, Member agrees to all Terms and Conditions and such Terms and Conditions are incorporated by reference herein. Trip Concierge may amend or modify its Terms and Conditions from time to time. Amendments will be effective upon Trip Concierge’s publishing of such amended or modified Terms and Conditions on its website and the Application. Member’s continued access or use of the Service after such posting constitutes Member’s consent to be bound by the Terms and Conditions, as amended or modified.

Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in this Agreement or in a valid promotional offer. While Member can invite guests to join them on flights they arrange and pay for, they cannot lend their account to someone else to book flights or access the Service. Except as specified in a valid promotional offer, Members are required to be the primary traveler on any reservation that Member arranges by using the services of Trip Concierge. Only Member can use Trip Credits if they are earned and awarded. Member cannot sell, transfer or receive remuneration for flight credits or other awarded or accrued benefits or credits. Member acknowledges that any reward or credit may be limited and may be subject to expiration at Trip Concierge’s sole discretion. Any breach of this section may result in Member losing privileges and membership cancellation with no further obligation to Member or recourse by Member.

Member acknowledges that Trip Concierge is the manager of the Program and Service, and that the success of the Program and the ability to deliver the Service with high levels of customer satisfaction depends on a vibrant and cooperative membership. Member’s good faith cooperation regarding booking, cancellations, notices, departure times, itinerary flexibility, communication, payments and documentation and other aspects of arranging flights and other aspects of the Service is required. Any attempt to deliberately manipulate the Service or the Application by repeatedly placing and cancelling bookings or requests for flights, canceling requests and rebooking with slightly differing requirements, failure to authorize payment or pay for the Service as provided for herein, failure to maintain a valid credit card on-file and usable for pre-authorization/reserve and payment/capture, or failure to communicate effectively and in a timely manner regarding all aspects of coordinating the delivery of the Service, or other such actions which in Trip Concierge’s opinion disrupts Trip Concierge’s ability to deliver the Service, notwithstanding anything contained herein to the contrary, will result in Trip Concierge having the authority to reject Member’s trip requests without obligation and/or suspend or cancel Membership.

12. NON-RELIANCE

EACH MEMBER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME, (A) NEITHER TRIP CONCIERGE NOR ANY OTHER PERSON ON TRIP CONCIERGE'S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH MEMBER ACKNOWLEDGES AND AGREES THAT IN DECIDING TO PURCHASE A MEMBERSHIP HE, SHE OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY TRIP CONCIERGE OR ANY OTHER PERSON ON TRIP CONCIERGE'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME.

13. PRIVACY OF MEMBER DATA

Trip Concierge takes appropriate measures to maintain data regarding its Members and their guests confidential. Trip Concierge may be required to furnish Member and guest data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Trip Concierge to provide names of persons on a flight and other information to third parties providing services related to a flight including to the operator and governmental authorities. Trip Concierge may use Member information to check the credit of Member in connection with its invoice collection efforts or to check the credit of Member and perform criminal and other background searches of Member in connection with evaluating whether to accept or continue Member’s membership in the Membership Program. Trip Concierge does not sell Member or guest data to third parties.

14. RELEASE TO USE PICTURE AND VOICE

Member authorizes Trip Concierge, its subsidiaries, licensees, successors and assigns, to use Member’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Member is utilizing the Services of Trip Concierge. Member hereby grants Trip Concierge, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Member’s name, picture of Member in film or electronic (video) form, sound and video recordings of Member’s voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever.
Member further grants Trip Concierge, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Trip Concierge, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion.
Member hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Trip Concierge’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Member also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied. Member acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.

15. LIMITATION OF LIABILITY

Trip Concierge does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Furthermore, all partner benefits are provided and administered by the respective third parties that provide the services. Member understands and agrees that Trip Concierge is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause.

On behalf of themselves and their guests, Members understand and agree that Trip Concierge’s liability shall in any case be limited to the amount paid by Member to Trip Concierge.
MEMBERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE GUESTS (COLLECTIVELY, “MEMBER PARTIES”), AGREE TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR OR PARTNER AS THEIR SOLE RECOURSE AGAINST OPERATOR OR PARTNER FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY MEMBER PARTIES; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR TRIP CONCIERGE SHALL NOT IN ANY EVENT BE LIABLE TO MEMBER PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

16. INSURANCE

It is the sole responsibility of the aircraft, hotel, activity operators or partners to maintain liability insurance coverage. Members Parties understand and agree that Trip Concierge is not liable for any claims arising out of or in connection with the services of the travel suppluers or any of its partners and affiliates.

17. GOVERNING LAW

This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Nevada without reference to the conflict of law principles of any jurisdiction.

18. DISPUTE RESOLUTION

Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to this Agreement, any of the Terms and Conditions or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Member and Trip Concierge alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

19. ASSIGNMENT

This Agreement shall be binding upon and inure to the benefit of the parties. Member may not assign or transfer his or her rights or obligations without the prior written consent of Trip Concierge, which may be withheld at its sole discretion.

20. CONSTRUCTION

If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

21. NOTICE

Trip Concierge may give notice by means of a general notice through the Software, electronic mail to Member’s email address on record or by written communication sent to Member’s address on record. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing (if sent by first class mail) or twelve (12) hours after posting or sending it via email or other means of electronic transmission. Member may give notice to Trip Concierge (such notice shall be deemed given when received by Trip Concierge) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Trip Concierge at the following address: Trip Concierge Inc., 156 2nd Street, San Francisco, CA 94105 addressed to the attention of: Chief Executive Officer, with a copy to the Legal Department.
22. MISCELLANEOUS

This Agreement together with the agreements and other documents referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. This Agreement shall not be construed as creating a joint venture, partnership or other form of association or cooperative arrangement between Trip Concierge and Member. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.

23. ELECTRONIC SIGNATURES

Each party agrees that the electronic signatures and acknowledgments, whether digital or encrypted, of the parties to this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. Member’s access or use of the Service and the Application constitutes Member’s agreement to be bound by all terms and provisions of this Agreement (including the agreements and other documents referenced herein and incorporated herein by reference) as amended or modified from time to time.

24. CONNECTICUT RESIDENTS’ RIGHTS

Members who are legal residents of Connecticut have a right to cancel this Membership Agreement. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT BELOW. In the event Member residing in Connecticut chooses to exercise the cancellation right, Member agrees to pay Trip Concierge for any and all services that Member utilized prior to cancellation of his or her Membership at the published non-member rates.

NOTICE OF CANCELLATION

Date of Transaction is stated on your membership invoice.

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE BUYING CLUB OF YOUR CANCELLATION NOTICE. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO TRIP CONCIERGE C/O KXTER INC., ATTN: LEGAL DEPARTMETN AT 156 2nd STREET, SAN FRANCISCO, CA 94105 NOT LATER THAN MIDNIGHT OF THE THIRD DAY FOLLOWING THE DATE OF TRANSACTION AS STATED ON YOUR

MEMBERSHIP INVOICE.

I HEREBY CANCEL THIS TRANSACTION.

(Date)
(Buyer's Signature)

Privacy Policy

Kxter Inc. (the “Company,” “Trip Concierge,” "VJET," “we,” “our” or “us”) is committed to protecting our visitors’ and Passengers’ privacy. This Privacy Policy (this “Policy”) describes the types of information Trip Concierge may collect and how we may use that information to better serve visitors and Passengers while using our mobile application (the “Application”), our Website (the “Website”) and the services offered by Trip Concierge (collectively, “Services”). This Policy applies to information we collect: Through the Website; Through the Application; In email, text and other electronic messages between you and Trip Concierge; In voice telephone communications; and When you interact with our advertising and applications on third-party websites, applications and services. This Policy does not apply to information collected by us offline or through any other means or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or the Application. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Application, the Website and Services. By accessing or using the Application, the Website or Services, you agree to this Policy. This Policy may change from time to time (see “Changes to this Privacy Policy”). Your continued use of the Application, the Website or Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy periodically for updates. If you have questions about this Policy, please contact us at ask@tripconcierge.co. Children Under the Age of 13 The Application and the Website are not intended for children under 13 years of age. However, due to the nature of our Services, Trip Concierge may collect and maintain travel information about children under the age of 13 when necessary to comply with aviation or security regulations, for safety or security reasons or as otherwise necessary for Trip Concierge to arrange transportation or other services requested by passengers and their guests. We do not knowingly use information we collect about children known to be under the age of 13 for any marketing or promotional purposes. We use the information collected about children known to be under age 13 only to provide Services. We will disclose personal information about children if required by law, for example to comply with a court order or subpoena, or to protect the safety and security of passengers. If you are under age 13, do not use or provide any information through the Application or the Website or through any of their features, do not make any purchases through the Application or the Website, do not use any interactive features of the Application or the Website and do not provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under age 13 without verification of parental or guardian consent, we will delete that information. If a child under age 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us at ask@tripconcierge.co. Information We Collect About You and How We Collect It We collect several types of information from and about users of the Application, the Website and Services, including information: by which you and your guests may be personally identified, such as name, address, email address, telephone number, credit card and other payment information (such as bank account information), date of birth and government-issued identification number (e.g., social security number, national identification number, driver’s license number, passport number, etc.) (collectively “personal information”); that is about you but individually does not identify you, such as geolocation, medical or health information (such as information required to accommodate a disability or food allergies) and information obtained from public records searches (e.g., civil and criminal court records, credit history, etc.); that you provide to us in email, text and other electronic messages; and/or about your internet connection, the equipment you use to access the Application and the Website and your usage details. We collect this information directly from you when you provide it to us, automatically as you navigate through the Application or the Website (information collected automatically may include geolocation, usage details, IP addresses and information collected through cookies and other tracking technologies) and from third parties (for example, public records search services and other business partners). We will retain your information indefinitely from the time that the information is provided by you or collected by us. The information we collect may include the following: Information that you provide by filling in forms on the Application or the Website. This includes information provided at the time of registering to use the Application, applying for a Trip Concierge Flight Pass or requesting or purchasing Services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Application or the Website. Presently, upon registration, we collect from each user his or her full name, email address and phone number. In addition, for customers who use Services, we collect credit card number and other payment information, address, passenger name(s), date(s) of birth of passengers and copies of government-issued identification (e.g., driver’s license, passport, etc.). Upon registration with Trip Concierge, we develop a user profile to further customize the user’s experience. If you apply for a job posting on the Website we will collect personal information such as your name, email address, phone number, address and additional information such as resume, education, employment history, skills, licenses and certifications. We use the information that you provide on the Careers section of the Website to evaluate your qualifications and determine whether we are interested in scheduling an interview. Records and copies of your correspondence, if you contact us in any manner (including by mail/courier, email, text or other electronic messages). Your responses to surveys that we might ask you to complete for research purposes. Details of Services you request. Your search queries on the Application. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Application or the Website, or transmitted to other users of the Application or the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Application or the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. As you navigate through and interact with the Application or the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: Details of your visits to the Application or the Website, including traffic data, logs and other communication data and the resources that you access and use on the Application or the Website. Information about your geographic location (geolocation). We collect geolocation data to calculate your charter fare, to notify you of Services available near your location and to further customize your experience with Trip Concierge Services and other services that may be offered to Passengers by Trip Concierge partners from time to time. Information about your mobile device, computer and internet connection, including your IP address, operating system, browser type and device type. We use this information to provide you with the most up to date application and features. We also may use these technologies to collect information about your activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Application and the Website and to deliver better and more personalized Services, including by enabling us to: Estimate our audience size and usage patterns. Store information about your preferences, allowing us to customize the Application, the Website and Services according to your individual interests. Speed up your searches. Recognize you when you return to the Application or the Website. The technologies we use for automatic data collection may include: Device IDs. A device ID (device identification) is a unique device identification associated with a mobile device. It may be possible to limit device ID tracking by adjusting the settings on your mobile device. However, if you limit device ID tracking you may be unable to access the Application or certain features in the Application. Geolocation Tracking. Mobile devices contain a GPS (global positioning system) chip that uses satellite data to calculate your geolocation. It may be possible to disable geolocation tracking by turning off the location feature in the settings on your mobile device. However, if you disable location tracking you may be unable to access the Application or certain features in the Application. Biometric Information. We may operate Biometric systems to identify Passengers during the boarding process through qualified third parties including biometric identification systems authorized to operate by the Transportation Security Administration (“TSA”). It may be possible to refuse to use such system by providing alternative means of identification, including a driver’s license or passport. However, if no such identification is provided we may refuse service and/or refuse boarding of the aircraft at the sole discretion of the aircraft operator. Cookies. A cookie is a small file placed on your computer or mobile device. It may be possible to refuse to accept cookies by adjusting the settings on your browser or mobile device. However, if you select this setting you may be unable to access the Application or the Website or certain features in the Application or the Website. Web Beacons. Pages of the Website, the Application and electronic communications may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened a message and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). Some web beacons may be disabled by adjusting the settings in your browser or email settings or by installing browser add-ons. However, if you disable web beacons, you may be unable to access the Application or the Website or certain features in the Application or the Website. Preferences. We may collect information regarding passenger preferences and past trip requests. You may opt out of this by informing the company in writing at ask@tripconcierge.co. However, you may experience a reduction in service offerings, promotions and special rates accordingly. Server Logs. A server log is a log file (or several files) that are automatically created and maintained by a server that track activities performed. Server logs cannot be disabled by users. Some content or applications, including advertisements, on the Application or the Website may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Application or the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your activities over time and across different websites, applications and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. The use of third parties’ tracking technologies is not covered by this Policy since we do not control these tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information: To present the Application and the Website and their contents to you. To provide you with information, products and services, including information about contests or promotions and other forms of direct marketing, availability of Trip Concierge Services and other services that may be offered to Passengers by Trip Concierge partners from time to time and to inform you about changes to Services. To provide you with notices about your account, including for billing and other purposes. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. To notify you about changes to the Application, the Website and products or services. To allow you to participate in interactive features on the Application or the Website. To assist us with improving and enhancing Services and optimizing operations and allocation of resources. To provide you with the most up to date application and features and to assist with troubleshooting. To help maintain the integrity of the data that is collected, stored and used by us. For historical, statistical or research purposes. To evaluate candidates who apply for job postings through the Website. To fulfill any other purpose for which you provide it. In any other way we may describe when you provide the information. We may use your information to contact you about our own and third parties’ goods and services that may be of interest to you. Our primary goal in collecting information is to provide you with an enhanced experience when using Services. If you are located outside the United States, your information may be transferred outside the country or territory where the information is collected into the United States and/or into other jurisdictions for storage and for customer support purposes or for other purposes described in this Policy. Our Disclosure of Your Information The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services. We may disclose personal information that we collect or you provide as described in this Policy: To our subsidiaries and affiliates and to providers of professional services (for example, outside legal counsel or accountants). To contractors, service providers and other third parties we use to support our business.  For example, we use third party companies and individuals to perform or facilitate Services (e.g., aircraft operators, food and beverage providers, services contracted on your behalf through our concierge team, etc.); to process payments; to collect, store and retrieve your personal information; to perform public records searches (e.g., civil and criminal court records, credit history, etc.); to host our job application process; and to perform services related to the Application and the Website (e.g., hosting services, maintenance services, database management, analytics and improvement of features, etc.). To obtain information on the identity of third parties that process personal information that we collect or you provide us, please contact us at ask@tripconcierge.co. To our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe may be of interest to you. To fulfill the purpose for which you provide it. For example, if you choose to use our referral service to tell a friend about the Application or Services, we will ask you for your friend’s name and email address and we will automatically send your friend a one-time email inviting him or her to download the Application. To a buyer or other successor to our business in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information about visitors and Passengers who use the Application, the Website or Services is among the assets transferred. For any other purpose disclosed by us when you provide the information. We may also disclose your personal information: To comply with any court order, law or legal process, including to respond to any government or regulatory subpoena or other request. To enforce or apply our Flight Pass Agreement, Terms of Use, Copyright Policy, Charter Terms, Public Charter Operator-Participant Agreements or other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. You should not provide us your information if you do not want your information collected, used or disclosed as described in this Policy. Correcting and Deleting Your Information You may send us an email at ask@tripconcierge.co to request corrections to or deletion of personal information that you have provided to us. However, we cannot delete your personal information except by also deleting your user account (which may result in cancellation of your Flight Pass). We may not accommodate a request to change or delete information if we believe it would violate any law or legal requirement. We also may not accommodate a request to change information if we believe the change would cause the information to be incorrect. If you delete your User Contributions from the Application or the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Application or the Website. California Privacy Rights California Civil Code § 1798.83 permits users of the Application or the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to ask@tripconcierge.co. Security and Confidentiality We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Application or the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Application and the Website like message boards. The information you share in public areas may be viewed by other users. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Application or the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures. CHANGES IN THIS PRIVACY POLICY We may update this privacy statement to reflect changes to our information practices. Such changes will be effective upon posting on the Website. We encourage you to periodically review this page for the latest information on our privacy practices. If you have any questions or comments about our privacy policy, please contact us by mail at Kxter Inc. dba Trip Concierge, 156 2nd Street, San Francisco, CA 94105 or via email at ask@tripconcierge.co. This Policy was last updated December 21, 2017.