Ikalypso Terms of Use
Last updated 30 May 2020
These Terms of Use apply to your use of Ikalypso’s Site and the services offered through it. Your use of the Site indicates your acceptance of the Terms of Use, including the polices incorporated into them by reference. If you do not accept the Terms of Use, you must not use the Site or the services.
These Terms of Use include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to this site, the use of our services, or these terms to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. These terms also include a jury waiver.
The following definitions apply in the Terms of Use:
Ikalypso means Ikalypso Company Pte. Ltd.
Site means the websites and applications owned or otherwise operated by Ikalypso
The Terms of Use incorporate various policies, including those listed below. The policies may apply to specific Services or programs offered by Ikalypso.
Ikalypso may amend the Terms of Use from time-to-time by publishing changes on the site.
The Terms of Use of constitute the entire agreement between you, Ikalypso, and Related Companies, and supersede any previous agreement or understanding.
1. Scope of our Services
A. Accommodation Reservation Facilitation
Through the Site, Ikalypso provides an online platform through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the “Accommodation(s)”) and request to make reservations with such Accommodations, including already making payment for such reservations of Accommodations in advance with a credit card, debit card, e-wallet, or such other payment method to facilitate the processing of such payment (“Payment Instrument”). By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract formed in Australia pursuant to the Terms of Use when accepted by the Accommodation and consequently Ikalypso. You will receive proof of the confirmed Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations),which means the reservation has been confirmed by the Accommodation. The “thank you page” means your reservation request has been received and is complete for final processing, no further action is required by you. We reserve the right to reject bookings as set out below.
When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that Ikalypso is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Ikalypso.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time, and which takes into account different factors including but not necessarily limited to availability, promotions and rates, historical popularity, money earned by Ikalypso, conversion (the ratio of reservations made to Site visits), sales of room nights, cancellations, quality of content, guest review scores, star ratings etc. Ikalypso currently has a “Preferred Partner” program whereby certain selected Accommodations have the opportunity to improve their visibility on the Site. Such Preferred Partner listings will be marked or contain wording for clarity. Under certain circumstances, Ikalypso may also offer Accommodations the option of sponsored listings, i.e. to pay for a top spot. Such sponsored listings will be marked or contain wording for clarity.
To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: Accommodation request(s), actual or suspected reselling of Accommodations booked through the Site on an individual or mass basis without our prior written approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN, Australia), etc. If your booking is rejected or cancelled by Ikalypso and a payment has already been made, you will receive a refund of the total booking value, (except in the case of unauthorized Reselling or in any other appropriate case such as unauthorized use of the Site or there is an inappropriate manner in the use of the Site, and such use is harmful to us for which the refund of the total booking value or any part thereof is not justifiable). Refunds will not be issued in the event of unauthorized Reselling due to many negative factors including the disadvantage such practice imposes on our authorized and contracted affiliate partners, Accommodations who provide Ikalypso with inventory on a contracted and trusted basis and the loss and negative brand impact caused to Ikalypso due to unauthorized Resellers attempting to undercut Ikalypso’s business which may include placing the resold inventory on sites run by competitors of Ikalypso without our knowledge. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also the section below under the heading Payment – Credit Card – “Book Now, Pay Later” – Age – Fraud for more information about our fraud prevention mechanisms.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking or awarded points as appropriate, and will, if relevant, refund some or all of the amount charged.
Please note that suspected group bookings can also be rejected or cancelled by Ikalypso or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our Customer Service team for more information.
Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.
A word about star ratings
The Accommodation star, other denoted ratings, or any reference on the Site to a rating on the Site (“Accommodation Ratings”) are provided for your information only. The Accommodation Ratings are based on information we have received from our suppliers, including the Accommodations, and may take into account the Accommodation’s facilities, rates, reviews, and services. Accommodation Ratings are unrelated to any other ratings assigned by government tourism authorities. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.
B. Other Ancillary Services
Ikalypso provides an online platform through which you can browse other services, including but not necessarily limited to flights and rental cars, (“Ancillary Services”) and make reservations for such Ancillary Services. Although the Ikalypso Site provides the platform for which you can browse and make reservations for these Ancillary Services, the Ancillary Services are provided by Ikalypso associated companies or partners (“Partners”), which have been carefully selected by Ikalypso. For example, flight display, search and reservation services on the Ikalypso Site are currently provided by Booking Holdings Inc. companies KAYAK or priceline.com and their respective suppliers. Such Partners will be clearly displayed on the Site when browsing the Ancillary Services and a link provided to the Partner’s terms and conditions of use and/or privacy policy, which will govern the relationship between you and our Partner for the relevant Ancillary Service reservation.
By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation (e.g. for flights or a rental car) at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Partner from time to time, which shall become a binding contract when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your Ancillary Service booking via an e-mail confirmation to you. The Partner reserves the right to reject bookings as set out in their terms and conditions.
2. Use of the Site
Ikalypso also works with other companies, including Booking.com B.V., to offer reservations options in Accommodations worldwide to guests. In some cases, you will receive a confirmation referring to such other companies. Ikalypso may also offer the option to book Ancillary Services (flights, rental cars) in cooperation with selected Partners as described above.
Ikalypso grants you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Ikalypso or its suppliers and providers, including the Accommodations and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Ikalypso and acknowledge that Ikalypso may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.
Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Ikalypso.
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
Ikalypso may use proprietary or third party technology (e.g. Google reCAPTCHA v3) on pages of its Site to keep the Site safe from malicious attackers or anyone who abuses the Site.
3. Prices, Ikalypso Price Guarantee, Additional Charges, Taxes and Fees, Ikalypso exchange rates
Please note that, unless expressly indicated otherwise, all prices on the Site are for room reservations only, for the specified stay dates and number of people. Without prejudice to what is set out below, before you confirm a reservation, Ikalypso will display the total price payable, including taxes and service fees, and what is included. As you select options or specify additional details, we will update the total price.
A. Prices and Best Price Guarantee for Accommodations
We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation. Should you find your Accommodation room reservation, with the same booking conditions, at a lower price on the Internet after you have made a booking through us, we will match the difference between our price and the lower price under the terms and conditions of the Best Price Guarantee. For a claim to be valid under this guarantee, it must satisfy and be submitted in compliance with all relevant terms and conditions.
Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below).
The Best Price Guarantee does not apply to Ancillary Services provided on the Site.
B. Additional Charges by Accommodations
In addition to the reservation prices, some Accommodations will charge mandatory service fees, surcharges, and local taxes (for example, resort or amenity fees, transportation transfers, and city tourist tax). If we are aware of these service fees and local taxes, we will display them with your reservation price. These service fees and local taxes may be collected directly from you by the Accommodation, in addition to the price you pay for your reservation.
Standard room reservations are for single or double occupancy. Extra guests or beds will usually incur extra charges. An Accommodation may refuse to allow additional guests to stay in a room – you must specify the correct number of persons, including children who will occupy each room you reserve.
You will incur additional charges at the Accommodation for all services and products you use that are not included in the reservation price as expressly described by the booking conditions. Charges for amenities you use and products you consume during your stay (for example, parking, internet access, food and drink) are not included in the reservation price unless specified.
During special events and periods, some Accommodations require each guest to purchase additional services (for example, a dinner on New Year’s Eve). If we are aware of a required additional service you must purchase, we will display it in the booking conditions or with your reservation price.
To travel to Accommodations in some locations (for example, islands in the Maldives), all guests must arrange transportation transfers in advance for an additional fee. Some Accommodations require Ikalypso to collect payment for the transfer when a reservation is made. We will show these additional transfer fees with your total price. Ikalypso does not control or operate transfers, and is not responsible for the quality, safety, frequency, or service levels of the transportation.
If you are unsure or concerned about additional charges, please verify with the Accommodation or Customer Service which extra fees (if any) are payable in addition to your reservation.
C. Additional Charges for Ancillary Services
Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).
Your reservation, and any Ancillary Services you purchase, do not include insurance.
D. Currency Conversion
The prices shown in Ikalypso listings are based on rates set by the properties in their Property Currency. You may choose to view listing prices in the Property Currency or a different Display Currency. If your payment card or account supports it, we may give you the option to select the Charge Currency before you pay for your booking.
Definitions
Account provider rates
If your Charge Currency is different from your payment account currency, your account provider will determine the exchange rate to use when the transaction is applied to your account. Your account provider may offer a higher or lower rate than Ikalypso, and may charge you additional fees for a foreign transaction. Ikalypso does not control or benefit from your account provider’s exchange rate or fees.
Ikalypso rates
If your Charge Currency is the same as your Account Currency, but different from either the Property Currency or your Display Currency, Ikalypso will use our Indicated Rate or Daily Adjusted Rate to convert prices. The applicable rate will depend on choices you select when viewing listings and making a booking, as described below.
Converted currency prices are indicative
If you choose a Display Currency that is different from the Property Currency, Ikalypso will display indicative prices converted using our Indicated Rate. The converted Display Currency price is a preliminary estimate of the price in your Display Currency – it is not firm or binding. The converted price in the Display Currency is provided for your convenience, to allow you to compare different rates, packages, and conditions in the currency you prefer to use.
Because room prices are set by properties in the Property Currency, the amount you pay for a booking will depend on three variables:
Pay Now bookings
If you change the Charge Currency , we will update your total price to show the amount we will process to your payment account. We can do this because we know the exchange rate at that time. If you choose a Charge Currency that is different from the Display Currency, Ikalypso will use the Daily Adjusted Rate to convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert currencies.
Book Now Pay Later bookings
If your Charge Currency is different from the Property Currency or Display Currency, Ikalypso will use our Daily Adjusted Rate on your payment date to convert the Property Currency price to your Charge Currency. If you change your Charge Currency , we will show you the price in the Property Currency that will be used to determine the total charge on your payment date and the estimated converted price that you will be charged based on the current Daily Adjusted Rate. We do this because we do not know what the actual exchange rate will be on your payment date.
Pay at Hotel bookings
When you make a Pay at Hotel booking, we will update your total price to show the amount you will pay in the Property Currency. You will pay the Property directly, in the Property Currency or any other currency the Property agrees to accept. If you pay in a different currency, or with a payment account that uses a different currency, the actual amount you pay will depend on the exchange rate(s) used by the Property and your payment providers. These factors are outside of Ikalypso’s control.
A Word on Charges for Taxes and Fees
In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. In relation to Accommodations, this charge includes an estimated amount to recover the amount Ikalypso pays to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee Ikalypso retains as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. If the balance is negative, Ikalypso will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Ikalypso pays the Accommodation and the location of the Accommodation where you will be staying, and may include profit that Ikalypso retains.
Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed and Ikalypso pays over such amounts directly to the vendors. Ikalypso is not a co-vendor associated with the vendors with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
For transactions involving Accommodations located within certain jurisdictions, the charge to your Payment Instrument for Taxes and Fees includes a payment of tax that Ikalypso is required to collect and remit to the jurisdiction for tax owed on amounts Ikalypso retains as compensation for services.
For reservations where you need to pay at the Accommodation, the price may or may not include taxes and fees. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.
In some locations, Accommodations may be required by local law to charge and collect city, bed, tourist occupancy or equivalent taxes directly.
Taxes and fees for Ancillary Services you may purchase are described out in our Partner’s terms and conditions.
4. Privacy
We respect your privacy. Please have a look at our Privacy Policy for further information.
5. Payment – Credit Card – “Book Now, Pay Later” – Age – Fraud
For pre-paid Accommodation bookings with Ikalypso, you authorize us to collect and process (including the collection and processing through a third party) your information required by processing service providers or the financial institution that issues your Payment Instrument such as a credit or debit card in order to verify your identity. Personal information collected about you and that may be shared to such third parties (including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.
To complete payment for such pre-paid Accommodation bookings, you authorize Ikalypso or Related Companies to charge or debit your Payment Instrument for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking or, in case of a “Book Now, Pay Later” booking, at the future point in time communicated in the confirmation email. When using “Book Now, Pay Later”, please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Ikalypso or Related Companies will process refunds, if and when applicable, within a reasonable timeframe.You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. For certain Accommodations, Ikalypso will not charge your Payment Instrument, as you will pay the Accommodation directly for your stay (post-paid). However, in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Accommodations may require credit card details in order to guarantee your reservation. As such, Ikalypso will send your Payment Instrument information directly to the Accommodation at which your booking is made and may verify (i.e. pre-authorize) your Payment Instrument as well. In order to safeguard and encrypt your Payment Instrument information when in transit to us, we use the “Secure Socket Layer (SSL)” technology for our services. Please note that your bank may impose additional fees on the transaction.
Certain Payment Instrument companies charge their member banks a fee for processing “foreign transactions“. If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Ikalypso .
In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Ikalypso, please contact our Customer Service team immediately.
In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the Payment Instrument you are using is your own or that you are authorized to complete the booking with this Payment Instrument and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
You undertake that the details you provide us with in making a booking are fully correct. Ikalypso reserves the right not to accept certain Payment Instruments. Ikalypso may add or remove other payment methods at its discretion. For increased convenience, Ikalypso now also offers the option to have your Payment Instrument details securely stored on file. If you choose to store a credit or debit card with Ikalypso, we may not ask you for the Card Verification Value or security code the next time you use it to make a booking. For more details, have a look at our Privacy Policy.
We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card, also when using “Book Now Pay Later“. The balance will be charged after confirmation or, in case of “Book Now Pay Later“, on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation email with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Ikalypso can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will be cancelled because it is incomplete and any amounts charged (including the verification charge where applicable) will be refunded.
A word about failed payments
For a variety of reasons, payment on the Site may fail. In such cases, Ikalypso will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.
6. Booking conditions – Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies – Special Needs – additional Ikalypso services or products
By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, Ikalypso reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.
Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.
Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and are not guaranteed by Ikalypso. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. Ikalypso will not be liable to you for any damages or costs that you suffer if the Accommodation does not meet your special needs.
A word about Ikalypso Price Alerts
You may elect to set Ikalypso “Price Alerts” on Accommodations found on our Site. If elected, we will send you a Price Alert when prices at your selected Accommodation(s) and for the indicated time frame on our Site change. Price Alerts will not be specific to a type of room or other features relating to an Accommodation (e.g. breakfast included, full board, type of bed). A maximum of one Price Alert per Accommodation per day will be sent to you. Sending a Price Alert will only be triggered if the Accommodation price changes beyond a “materiality” threshold we set. The type of Price Alert sent to you will depend on the medium you use, that is by email if your chosen Site is the Ikalypso website or by push notification if your chosen Site is our Ikalypso app. You are responsible for updating your Price Alert settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for the selected Accommodation or another Accommodation for the indicated time period until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. Additionally, we will of course provide you with the ability to opt out of receiving Price Alerts at any time by clicking on the “turn off price alerts” or a similar message found in the Price Alert sent to you. For more information on this, please see our Privacy Policy.
A word about Ikalypso’s Secret Deals
Through its “Secret Deals” program, Ikalypso is frequently able to offer quality Accommodation rooms at very attractive rates, which means you can enjoy great savings on quality accommodation at selected properties worldwide, from luxurious five-star to charming boutique hotels. For various reasons, the Accommodations participating in this program prefer to stay anonymous until the booking is confirmed and paid.
Secret Deals are indicated with a specific logo and you can browse and consult key information about these properties (general area, description, facilities) prior to making a reservation, but you will not know which property it is. Upon completion of your reservation, the property name, location and contact details will be revealed. To ensure that Ikalypso can continue to offer these special rates on a regular basis, Secret Deal bookings are non-cancellable and non-refundable.
A word about PointsMAX
Through its “PointsMAX” program, Ikalypso is offering you the opportunity to collect points with certain third party loyalty programs (e.g. miles programs from airlines). For certain Accommodations, you will be able to select a third party loyalty program from the PointsMAX menu to view offers, next to our usual room offering. If available, you will be offered the choice of a PointsMAX booking that will incur points with your selected third party loyalty program. The points you are earning and the program name are reconfirmed on your booking form and the thank you confirmation message you will receive after making a PointsMAX booking. Points will be posted directly on your third-party program account within 2 to 8 weeks after your check-out date. For the avoidance of doubt, the PointsMAX program does not apply to Ancillary Services provided on the Site.
Some important notes on all PointsMAX bookings:
A word about Ikalypso Reception
Available at selected properties only, Ikalypso may enroll you in its “Ikalypso Reception” program, where through the Ikalypso App you will be able to view a list of your charges, checkout (if the relevant property allows) and receive notifications relevant to, and through the course of your stay at a property booked through Ikalypso. You will be notified of enrollment into the Ikalypso Reception program on the Ikalypso booking confirmation for the relevant property. Initially, enrollment into the Ikalypso Reception program will be free of charge and you will able to opt out of the Ikalypso Reception program at designated point(s) of your stay. Charges incurred at the property during your stay and that you will be able to view via Ikalypso Reception may include room service, spa treatments, restaurant/(mini)bar, extra beds, extra stays, telephone, internet, pay-per-view, business center and other charges that you may incur during your stay. Such charges can be viewed via Ikalypso Reception and will be updated as you progress in your stay. All charges viewable via Ikalypso Reception are charges incurred at, charged by, and payable to the relevant property and no charges viewable via Ikalypso Reception will be payable to Ikalypso. Further, at the end of your stay, you will be able to view a list of charges incurred at the property that you will be able to email to your designated email address. Please note that the list of charges generated on Ikalypso Reception is not, and cannot be construed as a tax invoice – the relevant tax invoice can only be issued by the relevant property directly. Charges will in most cases, be charged to your Payment Instrument of choice either to the Payment Instrument that you may have on file with Ikalypso when you made the booking through Ikalypso, or the Payment Instrument that you may supply to the relevant property when you check in or check out. For more information about the limited and secure sharing of your Payment Instrument data by Ikalypso to the relevant property booked by you, please see our Privacy Policy.
Any disputes or issues that you may have on the charges viewable via Ikalypso Reception must be taken up by you with the relevant property directly and Ikalypso disclaims any risk or responsibility for such charges incurred by you with the relevant property. In using and being enrolled in the Ikalypso Reception program, Ikalypso makes no warranties or representations of any kind including but not limited to merchantability, suitability or fitness for a particular use, nor does Ikalypso warrant or represent that the Ikalypso Reception program is or will be always available, accurate, reliable or free of any defects. By participating in the Ikalypso Reception program, you participate at your own risk.
7. Intellectual Property Rights – Trademark Notice
The mark “Ikalypso”, as well as certain local language transliterations thereof is a registered trademark of or licensed to Ikalypso and/or its affiliated companies in many countries worldwide, including but not limited to the USA, the EU, Canada, Australia, Thailand, Japan, China, India, Malaysia, Australia, Russia, Korea, Indonesia, the UAE, Switzerland, etc. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Ikalypso, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. Ikalypso owns the copyright to the Site. You may not use the Ikalypso intellectual property without our consent.
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.
Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Ikalypso, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Ikalypso does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:
1. the name and address of the complainant;
2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
3. where the complainant is not resident in Australia, the complainant’s address for service in Australia;
4. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
7. a statement that the complainant requires us to remove or disable access to the electronic copy;
8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
9. a statement that the information in the notice is accurate;
10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
11. a statement that the complainant submits to the jurisdiction of the courts in Australia for the purposes of proceedings under relevant provisions in the Australia Copyright Act.
The notice must be signed by the complainant and sent to us by registered mail to the address mentioned under Section 12, c/o Legal Department – Copyright Claims.
We will review and address all notices that comply with the requirements above in accordance with applicable law.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
8. Reviews – Further correspondence – Rights to User Content – Other services
By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, the confirmation and guest review communications (emails, SMS) are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review regarding the Ancillary Services provided. The completed guest review (including attachments, if any) may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review and submitting content with it such as pictures, you grant Ikalypso the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Ikalypso reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the Guest Review Guidelines. In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Ikalypso the right to pursue at law any person or entity that violates your or Ikalypso’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
Content submitted by users will be considered non-confidential and Ikalypso is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Ikalypso reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Ikalypso is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Ikalypso. Ikalypso shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Ikalypso Policies on the Site for more details.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Ikalypso or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Ikalypso , and its licensees, successors and assigns, from any claims that you could otherwise assert against Ikalypso by virtue of any such moral rights.
9. Travel advisory – Visa requirements
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
By displaying Accommodations in particular destinations, Ikalypso does not represent or warrant that travel to such points is advisable or risk-free and Ikalypso can never be held liable for damages or losses that may result from travel to such destinations. Ikalypso can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.
Ikalypso cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
10. Complaints
If you have complaints about Ikalypso’s service, you can contact our Customer Service team. We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Ikalypso will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.
11. Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Ikalypso MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Ikalypso DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Ikalypso DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Ikalypso DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UNLESS Ikalypso IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, Ikalypso IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, Ikalypso SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
12. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Ikalypso AND RELATED COMPANIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Ikalypso does not guarantee continuous access without interruption to the Site.
Ikalypso will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of Use, the liability of Ikalypso, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). In case of an overcharge or mischarge caused by Ikalypso, you can make a claim regarding all erroneous charges notwithstanding what is set out above.
In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Ikalypso shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.
13. Miscellaneous
Ikalypso does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
You agree to indemnify, defend and hold harmless Ikalypso, its subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold all Ikalypso Companies harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the user’s failure to fulfill any of its obligations as described above.
You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Ikalypso will not be liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.
For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.
The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
Ikalypso reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof. In the event of termination of the Site, the reservations made via Ikalypso will still be honored unless you receive a notification. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Ikalypso shall not be liable to you or any third-party for any termination of your access to the Site. Ikalypso reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Accommodations have the right to change their offerings and this is outside Ikalypso’s control.
Local tax receipts are only available from properties for bookings where payments are made at the property. For pre-paid bookings (pay Ikalypso), Ikalypso can issue local invoices for bookings in Australia since Ikalypso is a tax resident of Australia and also Ikalypso receipts for anywhere else.
The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Australia without reference to Australia conflict of laws rules, and any dispute arising out of the Terms of Use and Ikalypso’s services shall exclusively be submitted to the competent courts in Australia. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and shall not apply to the Terms of Use.
Failure by Ikalypso to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.
14. Governing Law and Disputes
(A) The Terms of Use and the provision of our services will be governed by and construed in accordance with the laws of Australia without reference to Australia conflict of laws rules. Any dispute arising out of the Terms of Use or otherwise connected to Ikalypso’s services must exclusively be submitted to a court of competent jurisdiction in Australia. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and will not apply to the Terms of Use.
(B) For US customers only:
This part of Section 14 only applies to US customers. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of this Section.
This provision is intended to be given the broadest interpretation and application to encompass all disputes or claims arising out of or relating to your relationship with Ikalypso, including the use of our website, our services and any other interactions with us. Ikalypso is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, any dispute or claim arising out of or relating to this Section and your relationship with Ikalypso or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this Section comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used our website, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice using any of the following methods:
We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.
For all disputes, whether pursued in arbitration or small claims court, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. You must send us written notice of the claim using either of the following methods:
The arbitration of any dispute or claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA Rules.
You and we agree that this Section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your claim, as well as afford public injunctive relief where such claims are permitted and cannot be waived by applicable law, and must follow and enforce this Section as a court would.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration Section will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. Notwithstanding the above Terms of Use, nothing in this Section will be construed to waive any right you have under applicable law to pursue a claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Any such public injunctive relief claims are preserved and will be subject to arbitration. To the extent permitted by applicable law, any determination of the extent to which your claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
15. About Ikalypso
All of our online reservations services rendered through the Site are provided by Ikalypso Company Pte. Ltd., which is a private limited liability company, incorporated under the laws of Australia is registered with the Accounting and Corporate Regulatory Authority of Australia.
Ikalypso is supported by certain affiliated companies in providing services to you in different locations in relation to their reservations (“Customer Support Companies”). Such services include accepting and dealing with payments for bookings, providing customer care, liaising with the Accommodations and handling complaints and refunds.
Customer Support Companies only provide such services in relation to your reservations, but do not own, control, host, manage or maintain the Ikalypso.com website (or any other website). The Ikalypso.com website is domiciled only at its registered office in Australia and not at the offices of any Customer Support Company around the world. Customer Support Companies are not authorized to act as Ikalypso’s process or service agents, do not have any power or authority to represent Ikalypso or to enter into any contract in the name of, for or on behalf of Ikalypso. You will also not be able to make a reservation in or through any of these offices as reservations can only be made through the Site.
In addition, Ikalypso and its related companies have various other subsidiaries, branches and offices throughout the world providing certain other non-customer related internal supporting roles (“Ikalypso Support Companies”). Ikalypso Support Companies do not have any power or authority to render our services, to represent Ikalypso or to enter into any contract in the name of, for or on behalf of Ikalypso and are not authorized to act as Ikalypso’s process or service agents, unless specifically authorized by Ikalypso.
Ikalypso and its affiliated companies (including all Customer Support Companies and all Ikalypso Support Companies) do not act as a travel agent except where stated otherwise on the Site. For further information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to their respective sites.
For all questions about Ikalypso.com, the services or the Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of Ikalypso.com, the Site or otherwise, please contact Ikalypso Company Pte. Ltd. directly.
More information or questions?
For additional information and to learn more about Ikalypso, please also refer to our FAQs on the Site.
