By registering into My Plan It Traveler, you will have access to savings off of retail public pricing for hotels and other travel products and services (the “Products”) offered on MyPlanitTraveler.com (“Website”). In order to use access exclusive savings benefits, you must register for the basic membership or ultra-premium membership. This Policy, which is also posted on the Website, may change from time to time. You also agree to abide by the posted terms and conditions for each Product offered on the Website (“Product Terms”). Product Terms may also appear on your purchase confirmations. Product Terms vary and are subject to change by Product providers.

General Terms:

• As a condition of using our website:

1. You will use the website only for the purpose of making legitimate travel reservations and you acknowledge that you are prohibited from using the website for any other purposes. To the extent there is a conflict between any statement on the website and a provision in these Terms and Conditions, the provision of the Terms and Conditions will apply;
2. You may not access or use this website for any unlawful purpose.
3. You represent that you are at least 18 years of age.
4. You may not access or use this website in any manner that could damage, disable or overburden our computer system, server or network.
5. You may not attempt to gain unauthorized access to accounts of others or interfere with any other person’s access or use of this website.
6. You may not access or use this website for any unlawful purpose.
7. You acknowledge that your failure to abide by these Terms and Conditions or fail to pay any amount that you owe when due will entitle us to deny you access or use of this website. We will not be deemed to have waived any of our rights under these Terms and Conditions or under applicable law due to any of our acts or omissions.

• You are responsible to pay for any costs not included in the Product price such as government taxes and fees imposed by providers. You are also responsible for any expenses you incur while using the Products you purchased on the Website and for purchases made outside the Website, including but not limited to transportation, meals, gratuities, telephone calls, room service and incidentals.

• Any suspected or actual abuse of the Policy or Product Terms may result in immediate deactivation of membership without warning or notice, cancellation of any purchased Products, chargeback to Customers for fees and charges incurred by My Plan It Traveler or its suppliers due to Customer’s abuse.

• Members who make use of the Products agree to indemnify and hold harmless My Plan It Traveler, its owners, affiliates, agents, contractors, assignees and designees, from any and all claims, liability and responsibility for damages, expenses, inconvenience, dissatisfaction, injury, accident, death or damage to any persons or property whatsoever, arising from or related to the use of the Products. My Plan It Traveler makes no warranty of any kind with respect to the Products offered by provider. My Plan It Traveler shall not be liable or responsible for delays or cancellations due to weather or mechanical breakdowns, war, acts of God or any other matters beyond its reasonable control. My Plan It Traveler assumes no responsibility for any verbal or written representation about the Product by any distributor, or third party other than what is expressly written in the Policy and Product Terms. If any conflict arises between this Policy and the Policy posted on the Website, the Website shall take precedence.

• Offer not valid where prohibited or restricted.

Services and Contract

By becoming a Myplanittraveler.com member, you can compare prices for hotels, cruises, car rentals, and vacation rentals. You can also earn travel reward credits by shopping at hundreds of participating on-line stores and pay discounted prices for such travel. For example, Myplanittraveler.com negotiates rates with certain hotels to obtain for its members the wholesale rates for hotel rooms. You authorize Myplanittraveler.com to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus taxes. You agree that Myplanittraveler.com will charge your credit card for the total reservation price. Upon your submitting your reservation request, you authorize Myplanittraveler.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You may cancel or change your prepaid hotel reservation. However, you may be charged a cancellation or change fee indicated in the rules and restrictions for that specific hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms imposed with respect to your prepaid hotel reservations.

Some hotels may require you to present a credit card or cash deposit upon check-in to cover any additional expenses you incur during your stay. That deposit is unrelated to any payment Myplanittraveler.com receives for your hotel booking.

Membership Tiers

You may purchase a membership in one of three membership tiers each of which is subject to a different membership fee arrangement. Each membership tier includes a one-time annual membership fee that can be renewed each year. When you agree to become a Myplanittraveler.com member, you will be asked to provide a credit card number for booking your travel plans. Unless you book travel plans, your credit card will not be charged for the first seven (7) days of your membership, (the “Free Preview Period”). However, if you decide to book travel within the Free Preview Period or any time thereafter, your credit card will be charged the applicable membership fee for the tier you have selected. If you decide to cancel your membership within twenty-one (21) days following the expiration of the Free Preview Period, you will not receive a full refund of your membership fee. Instead, you will be subject to a twenty (20%) percent cancellation fee applied to the annual membership fee of the tier you selected. Your membership begins as soon as we process the annual membership fee.  You can cancel your membership in Myplanittraveler.com at any time if you decide not to pay any applicable renewal fee.

Signature Membership

A signature membership is our introductory membership.  The first year annual membership fee is $49.00. As long as there is no interruption in your membership, you can continually renew your signature membership on a yearly basis at no additional cost. Your signature membership entitles you to book hotels that are featured on our website. The price you pay will equal 50% of the wholesale savings cost that Myplanittraveler.com has negotiated with such hotels/travel suppliers.  Our website will inform you of that amount of your hotel stay and the savings you received for booking your reservation with Myplanittraveler.com (the “Signature Savings”) as the savings are compared to the lowest consumer price published on the web. We will pass 50% of the Signature Savings to you. Each time you book travel through Myplanittraveler.com, you earn reward credits that you can redeem for future travel using Myplanititraveler.com. If you decide to upgrade to a platinum or platinum plus membership, any accrued reward credits that you earned as a signature member will be transferable to your upgraded membership.

Platinum Membership

With a platinum membership, your first year annual membership fee is 99.00. As long as there is no interruption in your membership, you can renew your membership for an annual fee of $99.00. Your platinum membership entitles you to book hotels, cruises, car rentals and more that are featured on our website. The price you pay for hotels will equal 100% of the wholesale cost that Myplanittraveler.com has negotiated with such hotels.  Our website will inform you of that amount of your hotel stay and the savings you received for booking your reservation with Myplanittraveler.com (the “Platinum Savings”). We will pass 100% of the Platinum Savings to you. With your platinum membership, you will be able to offer a person of your choice (the “Referred Member”) a free unlimited membership to Myplanittraveler.com (the “Boomerang Membership”).  The Boomerang Membership is similar to a signature membership except, unlike a signature membership, the Boomerang Membership does not entitle the Referred Member to earn reward credits to obtain savings for vacation rentals. The Referred Member may upgrade his/her membership by paying the original annual membership fee for the applicable membership tier that the Referred Member subsequently chooses. When a Referred Member books a stay at any of the hotels featured on our website, the Referred Member will receive 50% of the wholesale savings. You will receive the other 50% of the savings in reward credits as a result of the Referred Member booking the hotel stay on Myplanittraveler.com and completing his or her stay. You will receive your share of the Platinum Savings and any savings based on the Referred Member’s travel (the “Combined Savings”) in the form of reward credits.  Myplanittraveler.com will give reward credits in an amount equal to (A) times (B) where (A) is 50% of the Combined Savings and (B) is .01.  By way of illustration, if a Referred Member books a hotel stay and saves $1,046 by booking the stay on Myplanittraveler.com, you will receive 100% of the Combined Savings or 50% of the wholesale savings in the form of 104,600 reward credits ($1,046 x .01).  You will earn reward credits only after the Referred Member concludes his/her hotel stay. The platinum member may redeem reward credits toward travel on Myplanittraveler.com. You may cancel your platinum membership at any time. In the event you cancel your membership, you agree to forfeit any reward credits that you have earned up to the date of cancellation. If the Referred Member upgrades his or her Boomerang Membership to become a signature, platinum or platinum plus member, the platinum member will no longer earn reward credits for travel that the particular Referred Member subsequently books.

Platinum Plus Membership          

With a platinum plus membership, your annual membership (enrollment) fee is $179 and you can renew that membership on a yearly basis for $179 per year as long as there is no interruption in your membership.  As a platinum plus member, you are entitled to all the benefits that a platinum membership offers. Additionally, however, in the event you offer a Boomerang Membership to a Referred “Guest”, you have the choice of redeeming your earned reward credits either for (1) future travel or (2) cash (the “Cash Alternative”) subject to the restrictions set forth above. If you choose to receive the Cash Alternative, within forty-five – sixty days (45-60) following your redemption process on Myplanittraveler.com, you will receive a check for the Cash Alternative from Focus Right Marketing, Inc., the Company that manages the website Myplanittraveler.com, in an amount equal to 1% of the total reward credits redeemed. If the Referred Member upgrades his or her Boomerang Membership to become a signature, platinum or platinum plus member, you will no longer earn reward credits for travel that the particular Referred Member subsequently books.

In the event the Cash Alternative you receive equals or exceeds $600 during your membership within any calendar year, U.S. law requires you to file tax form W-9 form (as required by the Internal Revenue Service). You agree and acknowledge that Myplanitittraveler.com does not offer any tax or accounting advice and is not responsible for the payment of your taxes.  You are urged to consult with an accountant regarding your tax obligations.

Treatment of User Content

In connection with your use of the Website, you will be divulging to us certain personal data including, but not limited to, your credit card information. We do not claim ownership of any personal information. However, you grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use such personal data, subject to our privacy policy, so that we may provide you with the services of our website.

Warranties

WE ARE PROVIDING OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Indemnification

You agree to defend and indemnify Myplanittraveler.com and any of its parents, subsidiaries, affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

– Your breach of this Agreement or the documents referenced herein;

– Your violation of any law or the rights of a third party; or

– Your use of this website.

Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, MYPLANITTRAVELER.COM, ITS SUBSIDARIES AND AFFILIATES  AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “MYPLANITTRAVELER.COM AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, MYPLANITTRAVELER.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBISTE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT ANY MYPLANITTRAVELER.COM CHANGE OR CANCELLATION FEES.

TO THE EXTENT PERMITTED BY LAW, OUR ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT OR ARISING FROM THE ACCESS OR USE OF THE WEBSITE BY YOU OR ANY OTHER USER, INCLUDING FOR ANY IMPLIED WARRANTIES, WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO US PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY ACT OR OMISSION BY ANY OTHER PERSON INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, OR REPRESENTATION MADE, BY ANY OTHER PERSON.

Governing Law

These Terms and Conditions and all claims or causes of action based upon, arising out of, or related to these Terms and Conditions, shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to principles or rules of conflicts to the extent such principles or rules would require or permit the application of the laws of another jurisdiction.

Arbitration Clause

Any and all proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. Myplanittraveler.com and you agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules any dispute arising from your use of the Myplanittraveler.com website. We further agree that any such controversy shall be submitted to three arbitrators. The place of the arbitration shall be New York, New York. We further agree that we will abide by and perform any award rendered by the arbitrators and that a judgment of any court having jurisdiction may be entered on the award.

Relationship of Parties

The relationship between Myplanittraveler.com and platinum plus members are solely that of independent contractors. This Terms and Conditions shall not be construed as creating a partnership, joint venture or agency relationship or as granting a franchise. Neither party shall have the authority to represent or bind the other.

My Plan it Traveler Anti-Spam Policy

Myplanittraveler.com strictly prohibits its members from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;

If a Myplanittraveler.com member has used spam e-mail, the account may be permanently terminated after investigation. If a member has used spam email, in addition to the closure, of the members account, the member is subject to that forfeiture of previously earned reward credits. If you wish to report a violation of out Anti-Spam Policy, please forward all relevant evidence to our customer service department at privacy@myplanittraveler.com

Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative work form, transfer, or re-sell any information, software, products, or obtained from or through this website. Additionally, you agree not to:

1. Use this Website or its contents for any commercial purpose;
2. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent their measures employed to prevent or limit access to this Website;
5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionally large load on our infrastructure;
6. Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission, or
7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Any, false, or fraudulent reservation is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Myplanittraveler.com cancelling any bookings associated with your name, email address, or account, and closing any associated Myplanittraveler.com accounts. If you have conducted any fraudulent activity, Myplanittraveler.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Myplanittraveler.com, including damages and attorneys’ fees. To contest the cancellation of a booking, or the freezing or the closure of an account, please contact customer service.

Seller Of Travel Disclosures:

• Fla. Seller of Travel Reg. No.: ST37737
• WST: A23 0986 13
• Iowa TA: 103
• CST: 2099136-50

California Disclosures:

• Transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.
• California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by International Fidelity Insurance Company in the amount of $5,000.00.
• Passengers purchasing travel services from outside of California are not covered by the Restitution Fund.

If you have any questions regarding the Policy or usage of the Website, please contact us by email at info@plus.myplanittraveler.com or mail to the address below.

My Plan It Traveler
5962 La Place Court
Suite 100 Carlsbad, CA 92008
United States