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 the Privacy Policy, which include those terms 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 be effective immediately once posted on the Site. 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. 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 meeting or event space, groups or long stays at 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 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 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.
HotelPlanner.com will pay a flat rate equal to a 10% referral fee on hotel room revenue produced to all Travel Agents for group bookings processed through HotelPlanner.com; however, said fee shall only be paid to the Travel Agents upon our receipt of payment of our referral fee by our hotel partner. Hotel partners offering bids on group reservations produced by Travel Agents shall be responsible for paying a 12% referral fee to HotelPlanner.com for actualized business referred from the basic bidding. Payment of the referral fee to all Travel Agents shall be made on the first of the month following receipt of payment of our referral fee by our hotel partner. Travel Agents shall assist HotelPlanner.com with the collection of the referral fee; however, at no time shall accept payment of the referral fee from the hotel directly without prior consent from HotelPlanner.com. The referral fee may vary per each reservation and HotelPlanner.com has the discretion of adjusting the fees paid to all Travel Agents based on payment received from our hotel partners. If the hotel fails to pay the referral fee, HotelPlanner.com cannot be held liable for the unpaid referral fees. Travel Agent bookings are not eligible for any other rebates or cash back promotions through the HotelPlanner.com system. Referral fees are due within 21 days of the departure date of the referred group. If payment is not received when due,HotelPlanner.com has the right to charge a late fee on any outstanding balance. Referral fees not paid within 60 days of the departure date shall bear interest at the maximum rate allowed by law.
In the case an affiliate of Lexyl Travel Technologies, LLC. is credited for the group or long stays booking, the Travel Agent referral fee 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 referral fee collections performed by HotelPlanner.com. The hotel is only responsible for paying the referral fee as stated above on actualized room revenue produced.
3. HotelPlanner.com is a Middleware.
HotelPlanner.com is not an Auctioneer. The Site acts as a middleware 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, price , 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 a middleware, HotelPlanner.com allows 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 HotelPlanner.com. 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 Hotel and/or Travel Service and the end-user. For individual bookings Lexyl does not act as a marketplace. Reservations of 9 rooms per night or less are facilitated through an API connection with online travel agency partners. 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 licensed legal counsel in the appropriate jurisdiction before entering into or drafting any agreement. Hotel and/or Travel Service agrees to hold HotelPlanner.com harmless and indemnify it for all demands, claims, damages, and costs, including reasonable attorneys’ fees, arising from any dispute arising out of the use of any electronic agreement entered into using the online services of HotelPlanner.com. Hotel and/or Travel Service further agree to hold HotelPlanner.com harmless from any consequential damages, however arising, from the drafting, execution, or performance or non-performance of any electronic agreement entered into using 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 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 middleware, 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.
4. Bidding.
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 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 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.
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 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 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 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.
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 Information in accordance with our Privacy Policy.
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.
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 us.
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 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. 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 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).
13. Indemnity.
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.
15. General.
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.
By using this service, you agree that the Company may provide you with any communication associated with this service, including your Global Privileges bundle, via mobile phone, messages, and in electronic format. You agree that any notices, agreements, disclosures, or other communication that the Company sends will satisfy any legal communication requirements.
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, 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 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. 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 attorneys’ fees and costs
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 middleware 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.
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 retains the right to dispute any chargeback that it believes is improper, as described more fully below. Lexyl also retains 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:
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. Before resorting to any judicial action, HotelPlanner.com strongly encourages 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 or arbitration, as selected by HotelPlanner.com, as an alternative to litigation. In the event a dispute arises between you and HotelPlanner.com, and HotelPlanner.com agrees to the dispute, excluding requests for injunctive or equitable relief, via mediation or arbitration, 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 and/or mediation shall be administered by the JAMS located in 2500 N. Military Trail Suite 200 Boca Raton, FL 33431 USA in accordance with their applicable rules, and the arbitrator and/or mediator to be selected by HotelPlanner.com. All parties breaching this agreement will be responsible for HotelPlanner.com's attorneys’ fees and, costs, including any costs associated with arbitration and/or mediation. Any judgment on the award rendered by the arbitrator or mediator may be entered in any court having jurisdiction thereof.
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 Pay Now 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.
PAY NOW ONLINE OR PAY LATER AT PROPERTY DETAILS
With certain properties, you may be presented with the option to pay online immediately or to pay later at the property itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. If you select to pay later at the property itself, the property will charge you in the local currency of the relevant property at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or Lexyl will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Lexyl reserves the right to cancel your booking if full payment is not received in a timely fashion. All prepaid hotel bookings staying at accommodations in the United States of America are purchased as part of a package with the Global Privileges club.
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
PRICES
The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Lexyl’s best efforts, some of the travel services listed on the website may be incorrectly priced. LEXYL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Lexyl is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking
You acknowledge that Lexyl pre-negotiates certain room rates with property suppliers to facilitate the booking of reservations. You also acknowledge that Lexyl provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Lexyl, and the facilitation fee retained by Lexyl for their services. You authorize Lexyl to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Lexyl services. You agree that your credit card will be charged by Lexyl for the total reservation price. Upon submitting your reservation request you authorize Lexyl to facilitate property reservations on your behalf, including making payment arrangements with property suppliers.
Cancellations and/or Refunds
You agree to be bound by the cancellation terms imposed by each reservation. If such reservations cancelled are non-refundable bookings, Lexyl will honor your request for a refund if full waiver is obtained , but reserves the right to charge you 3% transaction fee for the cancelled reservations. In addition, Lexyl com may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Lexyl reserves the right to take any necessary legal action and you may be liable for monetary losses to Lexyl, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
You may send us your notice by email to copyright {at} hotelplanner.com, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by mail at: Lexyl Travel Technologies LLC, 205 Datura St, 10th Floor, West Palm Beach, FL 33401 US
SELLER OF TRAVEL
LEXYL TRAVEL TECHNOLOGIES, LLC DBA: HOTELPLANNER.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST39035.