Terms of Service
JETSETTER TERMS AND CONDITIONS OF SERVICE
GENERAL These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Jetsetter, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You shall establish and use your membership on the Jetsetter Sites, and purchase and use the products and services available through the Jetsetter Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Jetsetter may be recorded.
- PRIVACY NOTICE A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Jetsetter is located at [http://www.jetsetter.com/privacy]. You consent to any personal information we may obtain about you (either via the Jetsetter Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Jetsetter may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
- ORDER PROCESSING Jetsetter may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Jetsetter deems appropriate in its sole discretion. Jetsetter also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Jetsetter will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we cancel or do not process.
- PRODUCT AND SERVICE AVAILABILITY In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Jetsetter to make alternative arrangements or to cancel your reservation.
- PRODUCT AND SERVICE DESCRIPTIONS Jetsetter attempts to provide accurate descriptions of products and services on the Jetsetter Sites. Certain products and services available on the Jetsetter Sites may be designated “Jetsetter Verified.” Jetsetter does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
- PRICING INFORMATION Jetsetter pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. Jetsetter retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through Jetsetter. The rates displayed on the Jetsetter Sites reflect Jetsetter’s pre-negotiated rates, which include the fees retained by Jetsetter. Jetsetter strives to provide accurate pricing information regarding the products and services available on the Jetsetter Sites. We cannot, however, insure against pricing errors or pricing changes. Jetsetter reserves the right, at its sole discretion, to cancel or not process any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, Jetsetter will notify you by email and correct the pricing on the Jetsetter Sites. If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Jetsetter Sites, you will be responsible for paying these charges directly to the service provider. Jetsetter does not guarantee that it offers best available rates for products and services available on the Jetsetter Sites.
- CANCELLATIONS AND CHANGES TO RESERVATIONS Cancellations and Alterations by Members Unless otherwise stated in the product or service description, once the flash sale service provider has accepted your offer to purchase a hotel stay, vacation or package, all sales on the Jetsetter Sites and those of the service provider(s) are final, non-refundable and may not be altered, and cancellation will result in the forfeiture of the entire amount you have paid for the product or service. If alterations or cancellations are available from the hotel or property supplier, you may be subject to a charge as per the supplier’s own terms and conditions.While bookings made through the service provider’s sites have a 100% non-cancellable/non-refundable policy, if you wish to make a change to your booking of a product or service with a hotel or property supplier, then the service provider has the right, in its discretion, to assist you in your attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful. The service provider will not be held liable for any applicable charges that you may need to pay in order to give effect to any such alteration or cancellation, if available.Please note that if a hotel or property supplier’s separate terms and conditions, located on its own website or otherwise, include provisions relating to changes and cancellations of bookings, such terms shall not be binding on the supplier when bookings are made for products or services featured on the service provider’s website. This is because of the pre-negotiated rates that the service provider has managed to secure with the supplier, which is generally on the basis that the booking is final and cannot be changed. Therefore, you should be aware that any such cancellation or alteration terms or provisions relating to products or services booked through the service provider’s website would be deemed as non-cancellable and non-refundable, unless otherwise expressly stated, or unless the supplier has agreed to this in writing. Changes by Hotel and Property Suppliers Occasionally, we have to notify you of a “significant change” that a supplier may make to a product or service. A significant change is a change made before the commencement of your vacation which, taking account of the information given to the service provider at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. In the unlikely event of the supplier cancelling or amending your booking after the booking has been made, the service provider will inform you as soon as possible (provided that they have been informed by the supplier). In respect to any significant change, if there is time to do so before departure, the service provider will seek permission from the supplier to offer you one of the following options (depending on the nature of the product or service you have booked):
- accepting the changed arrangements; or
- for hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, the supplier may instruct the service provider to cancel and give a full refund; or
- purchasing an alternative package from the supplier, of a similar standard to that originally booked, if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a partial refund if it is cheaper; or
- cancelling or accepting the cancellation, in which case you will receive a full refund of all monies you have paid to the relevant supplier.
- Please note: The above options are generally not available for minor changes. Changes to check-in time, check-out time and room type (upgrades) generally qualify as minor changes. When cancellations or changes do occur, neither Jetsetter nor the service provider will be held liable for extra costs incurred, for example, for travel expenses, or other accommodations. Cancellations by Suppliers In the rare cases that a supplier cancels your booking after your purchase of a hotel stay, vacation or package , you will be notified by the supplier, or Jetsetter acting on its behalf. Jetsetter is not responsible for costs associated with a cancellation by the supplier. We recommend that you purchase travel insurance to cover against cancellations.
- SERVICE PROVIDER RULES AND RESTRICTIONS Service providers may impose additional rules and restrictions on products and services available through the Jetsetter Sites. Please read these additional terms and conditions carefully. By purchasing products and services through Jetsetter you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by Jetsetter for any costs we incur as a result of such violation.
- TAXES AND FEES The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
- INCIDENTALS Jetsetter bookings do not include any incidental charges, expenses or services, except as specifically described in the sales description. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
- PAYMENT ALL RESERVATIONS BOOKED THROUGH JETSETTER MUST BE PREPAID IN FULL. YOU AGREE TO PAY TO JETSETTER THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY JETSETTER.
- INSURANCE GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON JETSETTER UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE JETSETTER SITES (WHERE AVAILABLE).
- REFERRAL CREDIT PROGRAM On certain of its Sites, Jetsetter may offer members the ability to earn credits toward future purchases on the Jetsetter Sites when they participate in certain referral and marketing promotions (“Referrals”). By inviting a friend to become a member of Jetsetter, you represent that your friend has consented to being contacted by Jetsetter. Jetsetter will tell your friend that you have provided his or her email address to us for purposes of this contact. You may only earn credits via Jetsetter’s authorized channels. Referrals outside of Jetsetter authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral program. You will receive credit only if the friend you invite becomes a Jetsetter member and books a trip or hotel through the Jetsetter Site. If your friend does not follow the directions in an invite email, or if Jetsetter determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and Jetsetter will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Jetsetter accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Jetsetter’s Referral program system may, without limiting any other Jetsetter rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Jetsetter reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Jetsetter. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Jetsetter, including by using any trademarks of Jetsetter or service providers. Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via Jetsetter may only be used on the Jetsetter Sites. Referral credits generally expire after one year, unless otherwise notified by Jetsetter. Referral credits may be subject to certain sale restrictions or exclusions. Our Referral credit programs are void where prohibited by law. Jetsetter reserves the right to terminate the Referral credit program at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the program. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that the statistics that Jetsetter may choose to display may not be real-time or accurately reflect the credits you have actually earned. Jetsetter will have no liability for any errors displayed in those statistics.
- GIFT CARDS Terms regarding Gift Cards may be viewed by clicking [http://www.jetsetter.com/gift-card-terms]. If you need assistance with respect to a Gift Card, please call Customer Service at 877-JSET-USA/877-573-8872 or email firstname.lastname@example.org
- CONTENT YOU SUBMIT With respect to any content you submit or make available to Jetsetter (other than personal information, which is handled in accordance with the Privacy Notice [http://www.jetsetter.com/privacy]), including by not limited to endorsements or testimonials, you grant Jetsetter a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Jetsetter.
- NOTICES Notices hereunder shall be given in writing by fax, personal delivery, certified or registered or overnight or other courier or delivery service, addressed, in the case of Supplier, to its address indicated on the first page of this Agreement and, in the case of Jetsetter, to 226 Causeway Street, Third Floor, Boston, MA 02114, Attn: Senior Counsel. All such notices shall be deemed to have been given and received (a) upon receipt if personally delivered or sent by certified or registered mail and (b) when delivery is confirmed if sent by fax or overnight or other courier or delivery service.
- SEVERABILITY If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
- MODIFICATION OF TERMS OF SERVICE You acknowledge and agree that Jetsetter may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Jetsetter membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [http://www.jetsetter.com/terms-of-service]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS Notwithstanding the expiration or earlier termination of your Jetsetter membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
- EFFECTIVE DATE December 8, 2015.
- JETSETTER MY DREAM DESTINATIONS 2017 WANDERLIST CONTEST The Jetsetter My Dream Destinations 2017 Wanderlist Contest is open only to legal residents of the fifty (50) United States or the District of Columbia who are at least sixteen (16) years old (“Entrant(s)”). How to Enter: Make sure you have a Jetsetter account. Then create your dream Wanderlist of 30+ photos by the deadline above and label it, “My Dream Destinations 2017” (“Entry”). The Wanderlist must be made public and must exactly match the required label. The Contest begins at 9:00am EST April 17, 2017 and ends at 11:59pm EST on May 17, 2017 (“Entry Period”). Please see the complete rules and regulations here.