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 smokyvacations.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 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 smokyvacations.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 smokyvacations.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 or long stays at smokyvacations.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 smokyvacations.hotelplanner.com for actualized business referred from the basic free bidding on requests coming through the channels that require a commission. Hotels enrolled in our preferred membership program are eligible to pay an 7% referral fee for actualized business from the basic bidding. If the referral fee due to smokyvacations.hotelplanner.com is paid to the client (i.e. travel agent, group coordinator, meeting planner, or any other seller of travel and/or meetings), the client shall be responsible for paying the referral fee received to smokyvacations.hotelplanner.com. If the client fails to submit the referral fee due to smokyvacations.hotelplanner.com, smokyvacations.hotelplanner.com shall be able to recover the referral fee from the client. Hotels may elect to increase the referral fee to smokyvacations.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 groups and long stays. If hotel fails to track actualized rooms 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 rooms 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. smokyvacations.hotelplanner.com is a Venue.
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, smokyvacations.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 smokyvacations.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 smokyvacations.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% referral fee 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.
smokyvacations.hotelplanner.com should always receive the hotel's lowest group rates. Periodically smokyvacations.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, smokyvacations.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.
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 smokyvacations.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 smokyvacations.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. 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 rooms, then registered hotel must pay 10% referral fee on all requested rooms 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. SMOKYVACATIONS.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.
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.
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:
smokyvacations.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 smokyvacations.hotelplanner.com's control. Traveler expressly waives all rights he or she may have against smokyvacations.hotelplanner.com in connection with the foregoing. Under no circumstances is smokyvacations.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 smokyvacations.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 smokyvacations.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 smokyvacations.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, smokyvacations.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 smokyvacations.hotelplanner.com or the client directly. If contracting is done with the client directly, smokyvacations.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 smokyvacations.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: