THE FOLLOWING DESCRIBES THE TERMS ON WHICH LEXYL TRAVEL TECHNOLOGIES, LLC OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or
"User Agreement") for Lexyl Travel Technologies, LLC. This
Agreement describes the terms and conditions
applicable to your use of our services available under
the domain and sub-domains of HotelPlanner.com. If you
do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms
and conditions contained in this User Agreement and
conditions expressly set out below and those
incorporated by reference, before you may become a
member of HotelPlanner.com.
The Company may amend this Agreement at any time by
posting the amended terms on the Site. Except as
stated below, all amended terms shall automatically be
effective 30 days after they are initially posted on
the Site. This Agreement may not be otherwise amended
except in a writing signed by you and HotelPlanner.com. This
Agreement is effective upon acceptance in registration
for new registering users.
1. Membership Eligibility.
Our services are available only to, and may only be
used by individuals who can form legally binding
contracts under applicable law. Without limiting the
foregoing, our services are not available to children
(persons under the age of 21) or to temporarily or
indefinitely suspended HotelPlanner.com members. If you are under
the age of 21, you cannot use this service. Persons under the age of 21 may not use this service to make reservations at any property in Las Vegas, Nevada, United States. If you do
not qualify, please do not use our Site. Further, your
HotelPlanner.com account (including feedback) and User ID may not
be transferred or sold to another party. If you are
registering as a business entity, (i.e. Travel Agency,
Wholesaler, Group Coordinator, Hotel, or other Travel
Services Vendor.) you represent that you have the
authority to bind the entity to this Agreement. Business entities using this service to receive rate quotes without ever contacting a vendor online are subject to account suspension or termination. If you are responding on behalf of a hotel, you must be a full time employee or owner of the hotel that has authorized access to the hotel's reservations system.
2. Fees and Services.
Joining and listing groups at HotelPlanner.com is free for individuals, travel agents, group coordinators, and wholesalers. The Hotel and/or Travel Services Vendor is responsible for paying 10% commissions to HotelPlanner.com for actualized business referred from the basic free bidding. The hotel is responsible for tracking reservations on all groups. If hotel fails to track actualized rooms due to incomplete records, lost or stolen records, or technical failure, then the hotel must pay 10% commission on all requested rooms as found in the online client request for proposal.
HotelPlanner.com will pay a 10% commission on hotel room revenue produced to all Travel Agents for group bookings processed through HotelPlanner.com minus our third party transaction fee of 5% of hotel room revenue produced. In the case an affiliate of Lexyl Travel Technologies, LLC. is credited for the group booking, the Travel Agent commission may be reduced in order to compensate the affiliate. This third party transaction fee will include all hotel rate and information procurement, as well as database and website maintenance, in addition to commission collections performed by HotelPlanner.com. Travel agents must mail in hotel receipts per the cash back terms found on their hotel bid in order to claim commissions. The hotel is only responsible for paying 10% commission as stated above on actualized room revenue produced. If the hotel fails to pay the commission, HotelPlanner.com cannot be held liable for the unpaid commission. Travel Agent bookings are not eligible for any other rebates or cash back promotions through the HotelPlanner.com system.
3. HotelPlanner.com is a Venue.
HotelPlanner.com is not an Auctioneer. The Site acts as a venue
to allow the Hotel and/or Travel Services Vendor to
sell rooms and/or services at any posted rate. The
Company is not involved in the actual transaction
between buyers and sellers. As a result, The Company
has no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the
listings, the ability of sellers to sell items or the
ability of buyers to pay for items. The Company cannot
ensure that a buyer or seller will actually complete a
Identity Verification. The company uses many
techniques to verify the accuracy of the information
our users provide us when they register on the Site.
However, because user verification on the Internet is
difficult, HotelPlanner.com cannot and does not confirm each
user's purported identity. We encourage you to
communicate directly with the hotel or travel agency using the tools available on this site.
Release. Because The Company is a venue, in the event
that you have a dispute with one or more users, you
release HotelPlanner.com (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If
you are a California resident, you waive California
Civil Code §1542, which says: "A general release does
not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor."
Information Control. The Company does not control the
information provided by other users that is made
available through our system. You may find other
user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with
underage persons or people acting under false
pretense. Additionally, there may also be risks
dealing with international trade and foreign
nationals. By using this Site, you agree to accept
such risks and HotelPlanner.com is not responsible for the acts
or omissions of users on the Site.
As a Hotel or Travel Services Vendor, you are
obligated to complete the transaction with the Group
Coordinator, Travel Agent, Wholesalers and/or the
Booking Party that they represent:
By bidding on a group booking you agree to be bound
by the conditions of sale included in the group's
description so long as those conditions of sale are
not in violation of this Agreement or unlawful. Bids
are not retractable except in exceptional
circumstances, such as: when the Group Coordinator,
Travel Agent, Wholesaler and/or Booking Party
materially changes the group's description after you
bid; a clear typographical error is made; you cannot
authenticate the Hotel, Travel Vendor, Travel Agent,
Wholesaler, Group Coordinators and/or Booking Parties
identity. The hotel is responsible for tracking reservations on all groups. If hotel fails to track actualized rooms due to incomplete records, lost or stolen records, or technical failure, then the hotel must pay 10% commission on all requested rooms as found in the online client request for proposal.
Predatory sales techniques are strictly prohibited. Predatory sales techniques include, but are not limited to offering special promotions, discounts, or directions for clients in an effort to incentivize them to work outside the system.
HotelPlanner.com should always receive the hotel’s lowest group rates. Periodically HotelPlanner.com will conduct group hotel rate audits on behalf of their group coordinators. If a contracted group rate has become uncompetitive for any reason, the hotel must adjust the contracted group rate to be inline with other discounted group and transient rate promotions over the group’s contracted dates at the group’s contracted hotel.
In the event of a hotel ownership change, proof of bankruptcy of previous ownership must be provided in order to waive past due commissions for new ownership.
Listing Description. When posting a group booking for
bidding you must be legally able to represent the
booking party you list on the Site. An IATA Card is
significant identification that you are a qualified
listing agent, or a signed agreement from the booking
party. You must describe your group and all terms of
sale on the group registration page of the Site. Your
listings may only include text descriptions and other
content relevant to the needs of the group.
Fraud. Without limiting any other remedies, HotelPlanner.com may
suspend or terminate your account if The Company
suspects that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with the
Manipulation. Neither Travel Agents, Group
Coordinators, Individuals, Wholesalers, Travel
Services Vendors nor Hotels may manipulate the price
of any item nor may you interfere with other user's
listings or transactions.
6. Your Information.
Definition. "Your Information" is defined as any
information you provide to us or other users in the
registration, bidding or listing process, in any
public message area or through any email feature. You
are solely responsible for Your Information, and we
act as a passive conduit for your online distribution
and publication of Your Information.
Restricted Activities. Your Information (or any
groups listed) and your activities on the Site shall
not: (a) be false, inaccurate or misleading; (b) be
fraudulent (b) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (c) violate
any law, statute, ordinance or regulation (including,
but not limited to, those governing export control,
consumer protection, unfair competition,
antidiscrimination or false advertising); (d) be
defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) be obscene (f) contain any
viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines
that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information; (g) create liability for
us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and (h) link
directly or indirectly to or include descriptions of
goods or services that: (i) are prohibited under this
Agreement; are concurrently listed for sale on a web
site other than HotelPlanner.com's or you do not have a right to
contract rates. License. Solely to enable HotelPlanner.com to use
the information you supply us with, so that we are not
violating any rights you might have in that
information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in
any media now known or not currently known, with
respect to Your Information. HotelPlanner.com will only use Your
7. Access and Interference.
The Site contains robot exclusion headers. Much of
the information on the Site is updated on a real time
basis and is proprietary or is licensed to HotelPlanner.com by
our users or third parties. You agree that you will
not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our
express written permission. Additionally, you agree
that you will not: (i) take any action that imposes,
or may impose in our sole discretion an unreasonable
or disproportionately large load on our
infrastructure; (ii) copy, reproduce, modify, create
derivative works from, distribute or publicly display
any content (except for Your Information) from the
Site without the prior expressed written permission of
HotelPlanner.com and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the
proper working of the Site or any activities conducted
on the Site; or (iv) bypass our robot exclusion
headers or other measures we may use to prevent or
restrict access to the Site.
Without limiting other remedies, The Company may
limit your activity, immediately remove your bids or
item listings, warn our community of your actions,
issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to
provide our services to you if: (a) you breach this
Agreement or the documents it incorporates by
reference; (b) The Company is unable to verify or
authenticate any information you provide to us; or (c)
The Company believes that your actions may cause
financial loss or legal liability for you, our users
The Company does not sell or rent your personal
information to third parties for their marketing
purposes without your explicit consent and The Company
will only use your information as described in the
users' privacy as a very important community
principle. The Company understands clearly that you
and your information is one of our most important
assets. The Company stores and process your
information on computers located in the United States
that are protected by physical as well as
technological security devices. The Company uses third
parties to verify and certify our privacy principles.
statement page. If you object to your Information
being transferred or used in this way please do not
use our services.
10. Confidential Information.
(a) Confidential Information. Client Information is strictly confidential and is for the sole intended use of contracting Lexyl group business at your hotel. If your hotel is not able to complete a contract with a group for any reason, the hotel is strictly prohibited from sharing the groups confidential contact information or referring our clients to any other hotels or organizations. Any attempts to use this confidential information outside of its intended use are strictly prohibited by law. If the hotel would like to refer the client to a partner or sister hotel for any reason, the hotel must be a registered user of the Lexyl system and must place a offer on the client’s online group listing.
(b) Management of Confidential Information. Each party agrees that: (i) all Confidential Information shall remain the exclusive property of the owner; (ii) it shall maintain, and shall cause its employees and agents and subcontractors to maintain, the confidentiality and secrecy of the other party’s Confidential Information; (iii) it shall take all reasonable action necessary to ensure that its employees and agents do not copy, publish, manipulate, disclose to others or otherwise use the Confidential Information of the other party; and (iv) it shall return or destroy all copies of the other parties Confidential Information upon request of the other party, and indemnify and hold harmless the owner from and against all damages and expenses (including attorney fees and costs) arising from a breach of this provision.
(c) Exclusion to Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part the receiving party, (ii) is disclosed to third parties by the owner without restriction on such third parties, (iii) is in the receiving party’s possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iv) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (v) is independently developed without access or reference to the disclosing party’s Confidential Information, or (vi) is released from confidential treatment by written consent of the disclosing party.
11. No Warranty.
THE COMPANY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. HOTELPLANNER.COM, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other
legal rights that vary from state to state.
12. Liability Limit.
IN NO EVENT SHALL THE COMPANY, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement or the
documents it incorporates by reference, or your
violation of any law or the rights of a third party.
14. Legal Compliance.
You shall comply with all applicable domestic and
international laws, statutes, ordinances and
regulations regarding your use of our service and your
bidding on, or listing of groups.
This Agreement shall be governed in all respects by
the laws of the State of California as such laws are
applied to agreements entered into and to be performed
entirely within California between California
residents. The Company does not guarantee continuous,
uninterrupted or secure access to our services, and
operation of the Site may be interfered with by
numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the
remaining provisions shall be enforced.
RESPONSIBILITY AND LIMITATION OF LIABILITY: HotelPlanner.com arrange the services described on
this site, including without limitation lodging that
is provided by Hoteliers, which are independent
contractors and not the agents, employees, partners,
or joint ventures of The Company. Lexyl Travel Technologies, LLC provide a negotiation venue for such
group travel services merely for the convenience of
companies that furnish such services. Such contractual
negotiation services are subject to all terms and
conditions of the respective suppliers (some of which
may limit or exclude the supplier's liability). Lexyl Travel Technologies, LLC shall not be responsible for any
loss of or damage to property or death or injury to a
person, resulting from any act or omission of any
supplier providing any product or service or any other
person or entity, or caused by strike, war, weather,
act of god, quarantine, sickness, government
restriction or regulation, or any other cause beyond
HotelPlanner.com’s control. Traveler expressly waives all rights
he or she may have against HotelPlanner.com in connection with
the foregoing. Under no circumstances is HotelPlanner.com to be
constructed as carriers under contract for safe
carriage of the traveler or his or her baggage and
belongings. It is understood and agreed that HotelPlanner.com
shall at all times act in the capacity of any
independent contractor and not as an employee,
partner, agent, joint venture, or principal of any
travel agent, group coordinator or hotel.
Neither HotelPlanner.com or cooperating organizations shall be
responsible for any cancellations or for acts of any
other service providers, diversions or substitution of
hotels, or any other persons providing any of the
services and accommodations to passengers. Nor shall
they be liable for any loss or damage to baggage or
property, or for injury, illness or death, or for any
damages or claims whatsoever arising from any act,
error, omission, default or negligence of any person
not a direct employee of HotelPlanner.com. The carriers, hotels
and other suppliers who provide services are
independent contractors and are not agents, employees
or servants of Lexyl Travel Technologies, LLC. Lexyl Travel Technologies, LLC are not responsible for any criminal
conduct by third parties. In no event shall Lexyl Travel Technologies, LLC have any liability to any person
Lexyl Travel Technologies, LLC make no warranties,
guarantees or representation of any kind or implied,
arising by law or otherwise, including without
limitation any implied warranty of merchantability or
fitness for a particular purpose, or any implied
warranty arising from course of performance, course of
dealing, or usage of trade.
The rebate estimate in your bid comments is based on the full/total amount of rooms requested at the specific hotel bid amount. The rebate will only be honored for actualized/consumed and documented rooms. Rebate may fluctuate based on actualized hotel room nights booked or documentation in the form of receipts or confirmed group list. Travel Agents are not eligible for rebates.
Every effort is made to ensure website accuracy at
the time of publication; however, HotelPlanner.com cannot be held
responsible for printing or typographical errors,
product changes and content changes on websites.
PHYSICAL DISABILITIES: Hotels may not have the
appropriate special services and equipment to
accommodate all individuals with disabilities or
special needs. Those requiring guaranteed
accommodations for those with disabilities or special
needs are advised to communicate directly with the
The website, including these Terms and Conditions,
represents the entire agreement between the travel
agent, Group Coordinators, Wholesalers, the Individual
Booking Party, the Hotels, any other Travel Services
Vendors and Lexyl Travel Technologies, LLC.
All group contracts must be done with HotelPlanner.com or the client directly. If contracting is done with the client directly, HotelPlanner.com must be copied on all contracting communications.
For automatic bids, groups of 5 rooms per night or more are subject to availability and may have special cancellation policies. Rates and availability are subject to change without notice.
Any party using the HotelPlanner.com system in a fraudulent manner will be subject to a $10,000 fine. This fraud includes but is not limited to false booking request, bait and switch pricing techniques, or false user information of any kind. Violators will be prosecuted to full extent of the law.
16. No Agency.
You and HotelPlanner.com are independent contractors, and no
agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or
created by this Agreement.
Resolution of Disputes. In the event a dispute arises
between you and HotelPlanner.com, our goal is to provide you with
a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and HotelPlanner.com agree that
any claim or controversy at law or equity that arises
out of this Agreement or our services ("Claims") shall
be resolved in accordance with one of the subsections
below or as otherwise mutually agreed upon in writing
by the parties. Before resorting to these
alternatives, HotelPlanner.com strongly encourage you to first
contact us directly to seek a resolution and the
company will also consider reasonable requests to
resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an
alternative to litigation.
Binding Arbitration. For any Claim (excluding Claims
for injunctive or other equitable relief) where the
total amount of the award sought is less than $10,000,
you or HotelPlanner.com may elect to resolve the dispute through
binding arbitration conducted by telephone, on-line
and/or based solely upon written submissions where no
in-person appearance is required. In such cases, the
arbitration shall be administered by the American
Arbitration Association or JAMS in accordance with
their applicable rules, or any other established ADR
provider mutually agreed upon by the parties. Any
judgment on the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof.
All Claims (excluding requests for injunctive or
equitable relief) between the parties must be resolved
using the dispute resolution mechanism that is
selected in accordance with this Section by the first
party to file a Claim. Should either party file an
action contrary to this Section 16, the other party
may recover attorneys' fees and costs up to $1000,
provided that the party seeking the award has notified
the other party in writing of the improperly filed
Claim, and the other party has failed to withdraw the
California seller of travel Registration #: 2059975-40. Registration as a seller of travel in California does not constitute the state's approval.
Disclaimer: There may be an extra person charge if the room type booked does not accommodate the amount of people or your party may be required to cancel and rebook to a bigger room, at a different rate than previously booked.
* Free rooms for group coordinators applies to participating hotels only and required group size may vary among hotels.
TAX RECOVERY CHARGE
The tax charge on Save Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we collect from customers and pay our vendors (such as hotels, etc.) in connection with our customers' purchasers. We are not the vendor collecting and remitting such tax to the applicable tax authorities. The vendors bill us for applicable taxes and we remit such amounts directly to our vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customers' travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual amount paid to a vendor may vary from the tax recovery charge, depending upon the rates, taxability or other factors in effect at the time of the actual use of a given travel service by our customers. We do not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon, as these states do not impose a sales tax. Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax collected by a vendor will vary by service and location. We use third party distribution channels for individual reservations.