The Westin Grand Cayman Seven Mile Beach Res, Cayman Islands

Conditions générales de Travelsoft Services

Updated on 25th March 2021

Agreement between the Member and Kohno

This Website is offered to you, the member, by InHouse World trading as Kohano, 7 Henrietta Street, London, WC2E 8PS, on your acceptance without modification of these Terms of Use. Your use of this Website constitutes your agreement to all such Terms of Use. If you do not agree with these Terms of Use, you are not authorised to use this Website.

Modification of these Terms of Use

Kohano may at any time change these Terms of Use and your continued use of this Website is conditional on accepting the updated Terms of Use.

Use of the Website

As a condition of your use of this Website, you warrant that (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) you will use this Website in accordance with these Terms of Use; (4) you will only use this Website to make legitimate bookings for you or for another person for whom you are legally authorised to act; (5) you will inform such other persons about the terms that apply to the bookings you have made on their behalf, including all Supplier rules and restrictions; (6) all information supplied by you on this Website is true, accurate, current and complete and (7) as a Kohano member, you will safeguard your account information and will be completely responsible for any use of your account by you and anyone else. We retain the right at our sole discretion to deny access to this Website and the services we offer to anyone, at any time and for any reason, including, but not limited to, breach of these Terms of Use.

Prohibited Activities

The content and information on this Website, as well as the infrastructure used to provide this content and information, belongs to us or our Third Party Providers. While you may make limited copies of your travel itinerary and related documents for travel or services booked through this Website, you agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works, transfer, sell or re-sell any information, software, products or services obtained from or through this Website. In addition, you agree not to:

1. Use this Website or its contents for commercial purposes.
2. Make any speculative, false or fraudulent reservations or any reservations in anticipation of higher demand.
3. Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
4. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.
5. Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission.
6. Frame, mirror or otherwise incorporate any part of this Website into any other website without our prior written authorisation.

If your booking or account shows signs of fraud, abuse or suspicious activity, Kohano may cancel any bookings associated with your name, email address or account and close any associated Kokano accounts. If you have conducted any fraudulent activity, Kohano reserves the right to take any necessary legal action. You may be liable for monetary losses to Kohano, including legal fees and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Kohano Customer Service.

Privacy Policy

Kohano believes in protecting your privacy. Please refer to our current Privacy Policy, which also governs your use of the Website.

Liability Disclaimer

Airlines, accommodation suppliers and other suppliers providing services for Kohano are independent contractors and not agents or employees of Kohano or its affiliates. Kohano’s liability in respect of these Website Terms of Use is set out in Article 8 of our Terms and Conditions for Booking which are incorporated by reference into these Terms of Use.

Indemnity

You agree to defend and indemnify Kohano, its affiliates and/or their respective Third Party Suppliers and any of their directors, employees and agents from and against any claims, demands, recoveries, loss, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

1. Your breach of these Terms of Use or the documents referenced herein.
2. Your violation of any law or the rights of a third party.
3. Your use of this Website.

No unlawful or prohibited use

As a condition for use of this Website, you agree that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.

Hyperlinks to third-party sites

This Website may contain hyperlinks to other websites operated by parties other than Kohano. Kohano does not control such Websites and is not responsible for their contents or your use of them. Kohano’s inclusion of hyperlinks to such websites does not imply any guarantee or endorsement of these websites or any association with their operators.

Software available on this web site

Any software that is made available to download from this Website (“Software”) or through any mobile application store, including the Kohano mobile application (the “Mobile Application”) is the work of the Kohano and/or Third Party Suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you agree to the License Agreement terms. For Software made available for download which is not accompanied by a License Agreement, we hereby grant to users a limited, personal, non-exclusive, non-transferable license to download, install and use the Software and/or Mobile Application for viewing and otherwise using this Website and/or accessing content and information available within the Mobile Application. This includes, without limitation, price and availability of travel services, in accordance with these Terms of Use and for no other purpose.

Any reproduction or redistribution of the Software is prohibited and may result in severe civil and criminal penalties. Violation will lead to prosecution to the maximum extent possible.

You are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data including, but not limited, to data roaming charges. As further described in our Privacy Policy, the Mobile Application may automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which content is accessed and technical errors which the Mobile Application may encounter whilst being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

Currency Conversion

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate and actual rates may vary. Currency quotes are updated frequently. The information supplied by this function is believed to be accurate, but Kohano and/or our respective suppliers cannot guarantee such accuracy. When using this information, we advise you to check publically published currency conversion rates. This information is for your personal use only and you are expressly prohibited from the resale, redistribution and use of this information for commercial purposes.

Bank and Credit Card Fees

Some banks and credit cards impose fees for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure to the figure shown on the billing summary page for a reservation booked. In addition, a foreign transaction fee may be charged by the bank that issues your payment card. Booking international travel may be considered to be an international transaction by the bank or card company as Kohano may pass on your payment to an international supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your credit card provider or bank.

Copyright and Trademarks

Kohano is not responsible for content on websites operated by parties other than Kohano.

The Kohano logo is a registered trademark of InHouse World Ltd in the UK. Other logos and product and/or company names shown on the Website may be copyrighted and/or trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at customerservice@kohano.com.

Counter Copyright and Trademark Claims

Kohano respects the copyrights and trademarks of others. If you believe in good faith that any material hosted by us infringe your copyright /trademark, you, or your representative, may send us written notice that includes the following information. Please note that we will not process your complaint if it is incomplete:

1. Identification of the copyrighted/trademarked work you believe was infringed.
2. Identification of the material you believe is infringing the copyrighted/trademarked work and information that will allow us to locate that material on the Website, for example a link to this material.
3. Your contact information including email address and telephone number.
4. A statement that you “have a good faith belief that this material is not authorised by the copyright/trademark owner, its agent, or the law.”
5. A statement that “the information in this notification is accurate and, under penalty of perjury, the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorised to act on behalf of the owner of the copyright/trademark that is allegedly infringed.

Notices with respect to this should be sent to us by email to customerservice@kohano.com

We will only review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

For any additional questions regarding this, please email customerservice@kohano.com

Account Termination

Kohano has adopted a policy of terminating, in certain circumstances and at Kohano’s sole discretion, members who are deemed to be infringers of these Terms of Use. Kohano may also limit access to the Website and/or terminate the accounts of any member who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that a member is infringing these Terms of Use, please provide sufficient information for us to verify this when sending your notice.

General

This agreement is governed by the laws of England and Wales. You therefore consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. The use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use.

If any part(s) of these Terms of Use are determined to be invalid or unenforceable, the invalid or unenforceable part will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original part. The remainder of the agreement shall remain in effect.

This agreement constitutes the entire agreement between you, the Member, and Kohano with respect to the use of this Website and supersedes all prior communications with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in legal proceedings to the same extent and conditions as other printed business documents and records.

Any rights not expressly granted herein are reserved.