This document (together with the documents referred to on it) tells you the terms and conditions on which we supply memberships and you become a member of The Global Hotel Pass (Members Club). Further details regarding Global Hotel Pass and the Members Club can be found on our website www.globalhotelpass.com (our site). Please read these terms and conditions carefully and make sure that you understand them, before registering for membership from our site or Global Hotel Pass app (our App) and becoming a member of our Members Club. You should understand that by registering for membership you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please make a special note of condition 4 of these terms and conditions:
You can apply to become a member of our Members Club set out below. Please note that a Global Hotel Pass membership is an ongoing subscription service and will automatically renew at the end of your initial membership term at the stated fee at the time of registration. You can cancel your membership at any time in accordance with the relevant terms and conditions but otherwise, your membership will continue to renew towards the end of each subsequent term until it is cancelled in accordance with these conditions. Automatic renewal applies to all members where you have provided us with payment details.
Global Hotel Pass is a trading name of Digital Rewards Group a company registered in England and Wales with company number 08924065 and with our registered office at Charter House, Woodlands Road, Altrincham, WA14 1HF. This is also our main trading address. Our VAT number is 201106976.
2.1 By placing an order for membership through our site or App, you warrant that:
2.1.1 You are legally capable of entering into binding contracts and you are at least 18 years old;
2.1.2 You will be financially responsible for all of your use of and through our site as well as for use of your account by others including but without limitation minors (under 18 years old) living with you, who you will supervise in their use of our site under your name or account;
2.1.3 All information supplied by you or members of your household in using this website is true and accurate; and
2.1.4 You shall be completely responsible for all charges arising out of the use of our site including without limitation the costs of products or services provided by suppliers with whom you contract via our site.
2.2 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
2.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
2.4 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3.1 After placing an order for membership (either through our site or via our App) accompanied with the correct payment debit, credit card, or any other payment method and upon our accepting your application to join Global Hotel Pass we will send you're an email to confirm your order.
3.2 A verification email will be sent to you to complete the registration followed by a welcome email confirming your membership. A username and a link to your password will be emailed to you to enable access to the members' area on our site and on our App.
3.3 Title of your Global Hotel Pass only passes to you on receipt by us of payment in cleared funds from you. If payment of cleared funds is not received by us (e.g. card payments are charged back or accounts remain unpaid at the due date) your contract will be voided and any Global Hotel Pass despatched to you will be disabled by us.
4. Types of Membership
£1 trial, recurring annual payment.
(a) Your membership will commence when your application is made (either through our site or via our App).
(b) It is important that you cancel your membership during your trial period if you do not wish to continue your membership as subscription payments are automated and non-refundable. You may still cancel your membership after the trial period has ended which will cancel all future payments. Your membership will remain active until the membership expiry date. Cancellation is quick and easy to process in the members area of the website. Once cancelled you will receive a cancellation email and reference number, and all payment details we hold will be deleted.
(c) Your membership will be renewed automatically at the end of the trial period for the fee stated at the time of registration.
(d) Your membership can be cancelled at any time during the trial period until midnight on the date of your expiry in order to stop any further payments.
(e) If not cancelled, your membership will thereafter continue to renew on the same date as the last day of your trial period in each successive year until it is cancelled.
(f) You can cancel your membership at any time by either:
Online in the Members area of the website or;
Writing to us at our registered office address stated in condition 1 above
Please note that cancellations cannot be placed on the app, and deleting the app from your phone will not cancel your membership.
In each instance you will receive email confirmation of cancellation of your account from us together with a cancellation reference number for your records. If you do not receive an email, your cancellation was not properly placed and, therefore, not processed. Please request proof of postage for cancellations made in writing. There is no cancellation fee applicable during the trial period. If you are unsure when your membership expires please log into www.globalhotelpass.com/members/account or check your membership card for the expiry date.
Cancellations & Refunds
It is possible to cancel future payments at anytime during your membership, however as all payments are automated it is not possible to issue refunds once payments are processed. If you didn't cancel your membership before your payment was processed you can cancel any future payments by visiting the members area on the website, and still enjoy all of our great offers until your membership term expires.
Please note that all Chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action toward you. Your credit rating can be affected by false claims of fraud.
Your Global Hotel Pass membership is subject to the following conditions:-
5.1 You must not share your Members Club username or password with any other person;
5.2 You must have a mobile device which allows you to download the Global Hotel Pass app to benefit from our digital membership;
5.3 As "Global Hotel Pass" is a trade mark registered in the UK and operated under an exclusive licence by Digital Rewards Group Limited (our trade mark) you must not reproduce or otherwise use any part of our trade mark or anything deceptively similar to it, or authorise, assist or enable others to do so without our prior written consent;
5.4 You must not use our trade mark in combination with any other third party trademarks, names, logos, illustrations, photographs, video or audio sequences or graphics without our prior written consent;
5.5 You must not use or share any redemption codes, vouchers or details of the savings we have obtained from those food and leisure organisations whom participate with us (our Partners) via social media, on printed material, or in any other media whatsoever;
5.6 You must submit your designs for any printed materials you want to produce (in whatever format) using your Global Hotel Pass digital membership card and/or our trade mark to us for our prior written approval;
5.8 you must not make use of any design you submit to us or any advertising, marketing or promotional materials incorporating such design unless we have given prior written approval for each and every use; and
Please note that:
(i) cancel your membership with immediate effect by written notice to you, or
(ii) suspend your membership and the use of your Global Hotel Pass membership access until you have remedied your breach of the conditions to our satisfaction. Failure by you to remedy the breach within 14 days of our notifying you of the same and requesting you to remedy it will result in the immediate cancellation of your membership;
6. Our Liability
6.1 Subject to clause 6.3, if you/we comply with these terms and conditions we shall only be liable for the membership fee and no further costs.
6.2 Subject to clause 6.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
6.2.1 loss of income or revenue;
6.2.2 loss of business;
6.2.3 loss of profits; or
6.2.4 loss of anticipated savings.
6.3 Nothing in these terms and conditions excludes or limits our liability for:
6.3.1 death or personal injury caused by our negligence;
6.3.2 fraud or fraudulent misrepresentation;
6.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
6.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.4 We do not make or give any promises, warranties, guarantees or representations concerning the goods or services provided by our Partners, nor do we accept any losses or liability arising out of, or in connection with, such goods or services. We will not become involved in any dispute between you and any of our Partners.
6.5 We will not be liable if for any reason our site is unavailable at any time or for any period.
Please note: these terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
7. Written Communication
Applicable laws may require that some of the information or communications we may send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8. Notices
All notices given by you to us must be addressed to our Operations Director at Kids Pass Limited, Charter House, Woodlands Road, Altrincham, WA15 9BD. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in condition 8 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
9. General provisions
9.1 No failure or delay by us to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
9.2 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
9.3 We have the right to revise and amend these terms and conditions (and any document expressly referred to in them) from time to time and you will be subject to the terms and conditions (and any document expressly referred to in them) in force at the time that you order a membership card from our site and become a member of our Members Club, unless any change to these terms and conditions (and any document expressly referred to in them) is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
9.4 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law
9.5 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
9.6 We shall be under no liability to you in respect of anything which, apart from this provision, may constitute a breach of these terms and conditions arising by reason of circumstances beyond our control which shall include (but shall not be limited to) acts of God, war, riot, civil commotion, malicious damage, fire, flood, storm, drought, explosion, sabotage, accident, embargo, compliance with any law or governmental order, rule, regulation or direction, shortage of supplies, equipment, materials, breakdown or labour disputes of whatever nature and for whatever cause arising.
These terms and conditions shall be governed by and construed in accordance with English law. Any dispute arising from, or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
When you use our website and or app, your contract will be with LEXYL TRAVEL TECHNOLOGIES, LLC whom own and operate the site globalhotelpass.hotelplanner.com.
The following terms and conditions will apply
THE FOLLOWING DESCRIBES THE TERMS ACCORDING TO 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 using our services available under the domain and subdomains of GlobalHotelPass.hotelplanner.com. If you do not agree to be bound by the terms and conditions of this Agreement, please 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 the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before allowing you to become a member of GlobalHotelPass.hotelplanner.com.
The company may amend this Agreement at any time by posting the amended terms on the website. Except as stated below, all amended terms shall be effective immediately once posted on the website. This Agreement is effective upon acceptance of registering new 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 persons under the age of 21 or to temporarily or indefinitely suspended GlobalHotelPass.hotelplanner.com members. If you are under the age of 21, you cannot use this service. If you do not qualify, please do not use our website. Furthermore, your GlobalHotelPass.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 agent, 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 authorised access to the hotel's reservations system.
2. Fees and services
Joining and listing meeting or event space, groups or long stays at GlobalHotelPass.hotelplanner.com is free for individuals, travel agents, group coordinators, and wholesalers. Hotels have the option of enrolling in our preferred membership program for a fee. The Hotel and/or Travel Services Vendor is responsible for paying a 10% referral fee to GlobalHotelPass.hotelplanner.com for actualized business referred from the basic free bidding on requests coming through the channels that require a commission, including but not limited to individual reservations derived from the basic free bidding on requests. Hotels enrolled in our preferred membership program are eligible to pay an 7% referral fee for actualized business from the basic bidding. Hotels may elect to increase the referral fee to GlobalHotelPass.hotelplanner.com per each bid offered on our platform; however, at no time shall referral fees be less than that stated herein. The hotel is responsible for tracking reservations on all meeting and/or event space, groups and long stays, including but not limited to individual reservations derived from the basic free bidding on requests. If hotel fails to track actualized business due to incomplete records, lost or stolen records, technical failure, or any other reason, whatsoever, then the hotel must pay a 10% referral fee on all requested business as found in the online client request for proposal. The hotel is responsible for payment of our referral fee for actualized business sourced by our platform regardless of whether the reservation was booked through a third-party vendor.
3. GlobalHotelPass.hotelplanner.com is a venue.
GlobalHotelPass.hotelplanner.com is not an auctioneer. The website 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. As an online venue, GlobalHotelPass.hotelplanner.com allows a hotel and/or travel services vendor to contract to sell rooms and/or services using electronic agreements and/or electronic forms and electronic services provided by HelloSign Inc., in accordance with the Terms of Use of HelloSign Inc. and GlobalHotelPass.hotelplanner.com. GlobalHotelPass.hotelplanner.com, however, has no control over the terms or content of any electronic agreement and makes no representations or warranties, nor provides any legal advice, regarding the desirability of entering into any agreement, nor the content, form, legality, validity, execution or enforceability of any agreement entered between the hotel and/or travel service and the end-user. The hotel and/or travel service and the end-user are responsible for ensuring that any agreement between itself and the end-user is appropriate, valid, legal, and enforceable and are both encouraged to seek the advice of licenced legal counsel in the appropriate jurisdiction before entering into or drafting any agreement. The hotel and/or travel service agrees to hold GlobalHotelPass.hotelplanner.com harmless and indemnify it for all demands, claims, damages and costs, including reasonable lawyers' fees, arising from any dispute arising out of the use of any electronic agreement entered into using the online services of GlobalHotelPass.hotelplanner.com. The hotel and/or travel service further agree(s) to hold GlobalHotelPass.hotelplanner.com responsible for any consequential damages, however arising, from the drafting, execution, or performance or non-performance of any electronic agreement entered into using GlobalHotelPass.hotelplanner.com's services.
Identity verification. The company uses many techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the internet is difficult, GlobalHotelPass.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 website.
Release. Since the company is a venue, in the event that you have a dispute with one or more users, you release GlobalHotelPass.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 favour 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 website. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this website, you agree to accept such risks and GlobalHotelPass.hotelplanner.com is not responsible for the acts or omissions of users on the website.
4. Bidding.
As a hotel or travel services vendor, you are obliged 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 meeting and/or event space, groups and long stays, including but not limited to individual reservations derived from the basic free bidding on requests. If hotel fails to track actualized business due to incomplete records, lost or stolen records, or technical failure, then the hotel must pay 10% referral fee on all requested business 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 incentivise them to work outside the system.
GlobalHotelPass.hotelplanner.com should always receive the hotel's lowest group rates. Periodically GlobalHotelPass.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 in line 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.
5. Listing
Listing description. When posting a group booking for bidding you must be legally able to represent the booking party you list on the website. An IATA Card is sufficient identification to demonstrate that you are a qualified listing agent, or a signed agreement from the booking party can be used. You must describe your group and all terms of sale on the group registration page of the website. Your listings may only include text descriptions and other content relevant to the needs of the group.
Fraud. Without limiting any other remedies, GlobalHotelPass.hotelplanner.com may suspend or terminate your account or cancel any and all reservations if the company suspects that you (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with the website.
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 users' 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 domain 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 website 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, anti-discrimination or false advertising); (d) be defamatory, trade libellous, 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 website other than GlobalHotelPass.hotelplanner.com's or you do not have a right to contract rates. Licence. Solely to enable GlobalHotelPass.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 must agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licencable (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'. GlobalHotelPass.hotelplanner.com will only use 'Your information' in accordance with our Privacy Policy.
7. Access and interference
The website contains robot exclusion headers. Much of the information on the website is updated on a real time basis and is proprietary or is licenced to GlobalHotelPass.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 website 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 website without the prior expressed written permission of GlobalHotelPass.hotelplanner.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.
8. Breach
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 ourselves.
9. Privacy
The Company may share your personal information to third parties for marketing purposes. By using this site or registering as a member, your consent to the use and sharing of your information as described in the Privacy Policy by the Company. The company views the protection of 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. Our current Privacy Policy is available on our privacy 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. Should a hotel refer a client to a hotel that is not a registered user of the Lexyl system without prior consent and actualizes business as a result, then the registered hotel must pay 10% referral fee on said business. If the non-registered hotel is unable, for any reason whatsoever, to track actualized business, then registered hotel must pay 10% referral fee on all requested business as found in the online client request for proposal.
(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 as well as 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 party's confidential information upon request of the other party, and indemnify as well as hold/not hold the owner responsible for all damages and expenses (including legal fees and costs), arising from a breach of this provision. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that, subject only to applicable privacy laws, we may, if required by applicable securities laws or exchange listing rules, without notice to you disclose Confidential Information as required by such applicable law or exchange listing rule, as determined by us in our reasonable discretion.
(c) Exclusion to confidential information. Notwithstanding the abovementioned, 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 WEBSITE AND SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GLOBALHOTELPASS.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 US 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 US state to US state.
12. Liability limit
IN NO EVENT SHALL THE COMPANY, OUR SUBSIDIARIES, ASSOCIATES, 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 WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
13. Indemnity
You agree to indemnify and not hold ourselves and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, responsible 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 behalf of or listing of groups.
15. General
The company does not guarantee continuous, uninterrupted or secure access to our services, and operation of the website 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.
Governing law.
This Agreement and the transactions it contemplates shall be governed, interpreted, construed, enforced and performed in accordance with the Laws of the State of Florida (USA), without regard to conflicts of laws principles.
Forum for judicial actions
Other than to the extent expressly set forth below in this section, any legal action or proceeding arising out of or relating to this Agreement or the transactions it contemplates ('Judicial Action') shall be brought only in Palm Beach County, Florida (USA) and each Party consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such judicial action and waives any claim of forum non conveniens in connection therewith and objection to venue laid therein. Process in any such judicial action may be served on a Party anywhere in the world, whether within or without the State of Florida (USA). The choice of forum above shall not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum. All parties breaching this agreement will be responsible for HotelPlanner.com's lawyers' fees and costs
RESPONSIBILITY AND LIMITATION OF LIABILITY:
GlobalHotelPass.hotelplanner.com arrange the services described on this website, including without limitation, lodging that is provided by hoteliers, which are independent contractors and not the agents, employees, partners or joint ventures of the tompany. 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 GlobalHotelPass.hotelplanner.com's control. The traveller expressly waives all rights he or she may have against GlobalHotelPass.hotelplanner.com in connection with the foregoing. Under no circumstances is GlobalHotelPass.hotelplanner.com to be constructed as carriers under contract for safe transportation of the traveller or his or her baggage and belongings. It is understood and agreed that GlobalHotelPass.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 GlobalHotelPass.hotelplanner.com nor cooperating organisations 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 GlobalHotelPass.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 is 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 makes 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 refund estimate in your bid comments is based on the full/total amount of rooms requested at the specific hotel bid amount. The refund will only be honoured for actualised/consumed and documented rooms. Refund may fluctuate based on actualised hotel room nights booked or documentation in the form of receipts or confirmed group list. Travel agents are not eligible for refunds.
Every effort is made to ensure website accuracy at the time of publication; however, GlobalHotelPass.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 accommodation 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 drawn up with GlobalHotelPass.hotelplanner.com or the client directly. If contracting is done with the client directly, GlobalHotelPass.hotelplanner.com must be copied on all contracting communication.
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 GlobalHotelPass.hotelplanner.com system in a fraudulent manner will be subject to a USD 10,000 fine. This fraud includes but is not limited to a 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.
Credit card chargebacks
You, the user, have the ability to dispute charges with credit card companies ('chargebacks'). If you have a question about a charge on your credit card statement, we encourage you to call Lexyl prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us. Lexyl will work with you in resolving your concerns. Lexyl reserves the right to dispute any chargeback that it believes to be improper, as described more fully below. Lexyl also reserves the right to cancel any travel reservation in the event of a chargeback related to that reservation.
By using our service to make a reservation with a supplier, you accept and agree to the relevant cancellation policy of that supplier. In all cases, the cancellation policy of each reservation is made available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. Lexyl deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you, the user:
Chargebacks resulting from non-cancellable reservations in the event that Lexyl or the supplier cannot provide a refund, whether or not the reservation is used;
Chargebacks resulting from charges authorised by family, friends, associates or other third parties with direct access to you, the user's, credit card;
Chargebacks arising from the supplier's failure to deliver a product or service in a manner that's consistent with the supplier's product description;
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Hotelplanner.com or its subsidiaries.