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.
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 transaction.
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 Site.
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.
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 or us.
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 or entity.
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 hotel.
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 USD 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 Claim.
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.
LEXYL TRAVEL TECHNOLOGIES, LLC DBA: HOTELPLANNER.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST39035.