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 firstname.lastname@example.org
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.
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.
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
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.
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.
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.
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.
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.
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.
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
I HEREBY CANCEL THIS TRANSACTION.