Kaleidoskope Travel Club LLC
Terms and Conditions
Kaleidoskope Travel Club, LLC is a full-service travel agency specializing in planning domestic and international travel experiences including river and ocean cruises and all-inclusive vacations. Let Kaleidoskope Travel Club help you turn your travel dreams into reality! The terms “we”, “us”, “our”, “KTC” and “Kaleidoskope Travel Club” refer to Kaleidoskope Travel Club LLC, a Delaware limited liability company and an independent affiliate of Fora Travel. The term “you”, “guest”, “traveler” or “participant” refers to the person making a booking with us and all members of their group.
CONTRACT. We draw your attention to the terms and conditions of travel herein, which include all brochures, documents, correspondence, and the terms and conditions of our Suppliers (as herein defined) and form the basis of our legally binding contract with you (“Terms and Conditions”). Before making a booking with us or paying any of our planning fees, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By making any payment to KTC or participating in any of our travel experiences, you are accepting all of the Terms and Conditions set forth herein (including the Cancellation and Chargeback sections) and acknowledging that you have read the Terms and Conditions of this legally binding agreement and agree with it. If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.
If you are making a booking as a group/family, the travel leader of the group/family is responsible for sharing these Terms and Conditions with all members of the group/family for whom they are making a booking and is financially responsible for the booking. KTC will not be liable for a travel leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
TRAVELER FURTHER AGREES THAT KTC SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH KTC. KTC SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS.
Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections.
Our NON-REFUNDABLE planning fee, which will be a minimum amount of $50.00, is determined based on the complexity of your trip, in our sole discretion, for custom itinerary creation and travel planning support that may exceed that amount at our discretion. Our customized planning fee is NON-REFUNDABLE even if you cancel your trip or decide not to book. Please note that your customized proposal is valid for fourteen (14) days and pricing and availability are not guaranteed until a deposit is made and is subject to change at any time based upon supply and demand. Further, if you are seeking travel planning services and your trip is scheduled to depart within thirty (30) days, an additional NON-REFUNDABLE expedited travel planning fee of $100 will be assessed for this expedited service.
If you choose to have us assist with booking your airfare reservations, a NON-REFUNDABLE ticketing fee of $50 per person for domestic flights and $100 per person for international flights may be assessed. Inter-tour airfare is only included as expressly described in your itinerary. If you independently purchase your airfare, you must not make any air reservations until you receive confirmation of your booking. Travelers who independently purchase airfare prior to receiving KTC’s written booking confirmation do so at their own risk and are solely liable for any resulting change fees, penalties, or losses related to said booking. Your contract for airfare is with the carrier and subject to its terms, conditions and policies and we will not be liable for any change and/or cancellation fees or other additional costs you incur with the air carrier.
Following approval of your final itinerary and after your booking is processed, we will provide you with instructions regarding payments and all due dates. While KTC may send out a payment schedule reminder, it is the traveler’s sole responsibility to make all payments in full and on time as required by the applicable travel Supplier. Failure to make any payment by the stipulated deadline, including full and final payment, may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Further, you are only entitled to request or make changes to your itinerary as stipulated in the Changes and Cancellation section below. Traveler understands that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional monies in order to accomplish said changes.
Group Travel
Our group travel options are carefully curated experiences for groups of participants, and as such you are not able to request or make any changes to your finalized itinerary. Since some of our trips, including our tours and all-inclusive vacations, are purchased as complete packages, you are not entitled to request, and will not be provided with, an itemized breakdown of costs in connection therewith due to the contractual agreements with our Suppliers. Rest assured, our aim is to provide you with a seamless and enjoyable vacation, and we are available to address any queries or concerns you may have about the package or its inclusions. In addition, group travel is often based on a minimum number of participants and as such if the trip drops below the minimum number of participants, cancellation of the trip may occur at the sole discretion of the applicable travel Supplier and/or KTC.
Any and all fees relating to our travel planning services, including without limitation planning fees, revision or change fees, cancellation fees, and ticketing fees (collectively, “Service Fees”), if any, are NON-REFUNDABLE and must be received in full by KTC before any proposal or itinerary is presented.
Please review all correspondence and documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours with any corrections.
DISCLAIMER. Your contract for airfare is with the air carrier, inclusive of domestic, international and charter flights, and subject to its terms, conditions and policies and we will not be liable for any fees or expenses, including without limitation, change fees, cancellation fees or any other additional costs you incur with the air carrier. For charter trips/flights, please be aware the charter operator can legally change, with limited notice, departure times up to forty-eight (48) hours, and flights advertised as non-stop may be changed to make intermediate stops. Suppliers can substitute types of aircraft and even airlines and are generally not responsible for baggage delays/losses and have very stiff cancellation penalties. In addition, frequent flyer miles may or may not be accrued and advance seat assignments are frequently not available. KTC is not responsible or liable for any costs incurred with any changes resulting from any flights.
RE-CONFIRM YOUR FLIGHT. We advise you personally to re-confirm your flight schedule within twenty-four (24) hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online twenty-four (24) hours prior to departure. It is recommended that you arrive at the airport a minimum of two (2) hours prior to departure for domestic flights, and three (3) hours for international flights.
Baggage Fees. Baggage and personal effects are at all times the sole responsibility of the traveler. Due to continual changes in airline baggage and seating selection policies, it is suggested that you inquire with your airline's website for up-to-date fees and information. KTC is NOT responsible for additional fees incurred for baggage and seating selection.
HAZARDOUS MATERIALS. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.
In certain cases, you can dispute charges with credit card and other payment facilitation companies ("chargebacks"). Before initiating a chargeback, the traveler must send an email to kaleidoskopetravel@gmail.com concerning any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. KTC retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
Upon payment of your deposit, as required, and any Service Fees, and confirmation of your booking, your price will be locked in with the exception of any increases or decreases resulting from fuel, airport charges, scheduled air fares and other transportation-related charges which form part of your contract with the Supplier, dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes, tariffs, port fees, or fees payable for services. We reserve the right to add a supplement to your travel prices if our costs to supply your travel increase and will forward a new invoice reflecting any changes made. Subject to the foregoing, after final payment your price is locked in.
KTC reserves the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware, and of the adjustment in price, if any, at the time of your booking.
Changes by Traveler. Since changes may be considered cancelled services, additional cancellation penalties may apply. All changes are subject to additional Supplier charges, are based on availability, and may incur additional fees. Changes to airfare or other ticket contracts including cruise lines are subject to the a applicable Supplier’s terms and conditions.
In addition to any applicable travel Supplier change fees, KTC, in our sole discretion, may charge a change fee starting at $25 per traveler/per each booking.
CANCELLATION BY TRAVELER. Cancellation of travel must be made in writing at kaleidoskopetravel@gmail.com and is effective from the date we receive the written notification. Service Fees paid to us prior to cancellation are always non-refundable. All Suppliers have their own cancellation policies, which apply to your booking, and may involve additional charges or fees to you. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions. If you are entitled to a refund, please note that the Supplier is solely responsible for this refund, not KTC. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund or issue a voucher or credit in lieu of a refund, or for Supplier bankruptcy or insolvency. Airline tickets are governed by the applicable air carrier’s terms, conditions, and policies, and we are not responsible for any air carrier’s decision regarding refund. Cancellation policies for cruises vary by cruise line. We will use commercially reasonable efforts to facilitate the Supplier providing you with a refund, credit or voucher but we cannot guarantee the same. By agreeing to our booking terms and conditions, you acknowledge that any refunds or credits authorized by the applicable travel Supplier at any point after the time of purchase, will be issued in the form of currency in which original payment was made.
In addition to any applicable travel Supplier cancellation fees/penalties, KTC, in our sole discretion, may charge a cancellation fee in a minimum amount of $100 per person/booking/room.
IMPORTANT NOTE: If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly recommend the purchase of a comprehensive travel protection plan.
If between planning time and/or during actual travel, circumstances require changes, KTC and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to ports of call and embarkation schedule, hotels and accommodations of comparable quality, air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. KTC cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
Upon cancellation of the transportation or travel services, where the guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the guest, all sums paid to Supplier for services not provided will be promptly paid to the guest, unless the guest advises Supplier in writing, after cancellation. This provision does not apply where Supplier has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Supplier will provide the guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
While KTC may recommend travel insurance options for you to choose from, we are not liable for any issues that result from said travel insurance options. KTC is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans and as such cannot evaluate the adequacy of the prospective insured's existing insurance coverage. Further, we cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy it may offer or quote. Please note any and all cancellation fees will not be accepted as part of your claim. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. KTC cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. IF YOU CHOOSE TO TRAVEL WITHOUT ADEQUATE INSURANCE COVERAGE, KTC WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES HOWSOEVER ARISING, FOR WHICH TRIP PROTECTION PLAN COVERAGE WOULD OTHERWISE HAVE BEEN AVAILABLE.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. U.S. citizens traveling to the United Kingdom (UK) for short visits, tourism, or business, including those just passing through UK airports, will need an Electronic Travel Authorization (ETA) if they do not have a UK visa or legal residency in the UK or the Republic of Ireland. You can find out if your international destination requires a visa and how to apply at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. KTC strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.
Travel Exceptions
Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, KTC shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings trips. KTC bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Traveler understands the description of these risks is not complete and acknowledges that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by KTC, you are willing to accept the risks and uncertainty involved as being an integral part of travel and are voluntarily participating in said travel with the knowledge that there are significant potential dangers and hereby agree to accept any and all risks. FURTHER, TRAVELER hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of KTC and agrees to and shall hold harmless and fully release KTC and its representatives from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of KTC and/or its Representatives, and traveler hereby covenants not to sue KTC and/or its Representatives for any such claims or join any lawsuit or action that is suing KTC. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a Supplier due to a pregnancy, KTC shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with.
For the safety of our guests, KTC reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion. We will comply with all privacy laws that apply in this instance.