APPLICATION FOR ENROLLMENT.
You may apply for enrollment in the Hotel Power Membership Program (the “Program”) offered by Global Travel International, Inc., a Florida corporation (“GTI”), DBA Hotel Power (“Hotel Power”) by submitting a completed enrollment application via telephone, online or in print. Submitting your application indicates your agreement with and acceptance of these Terms and Conditions, as may be amended from time to time by HOTEL POWER in its sole discretion. HOTEL POWER may amend these Terms and Conditions, at any time, by posting the amendments on HOTEL POWER’s company website, www.hotelpower.com. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting or, if no effective date is specified, 30 calendar days after they are posted on www.hotelpower.com. By continuing to use HOTEL POWER’s website, you agree to the amended Terms and Conditions.
Your Certification by HOTEL POWER as a Member. You will become an active Member of the Program (“Member”) immediately upon (i) HOTEL POWER’s certification of you as a Member of the Program (“Membership”), and (ii) HOTEL POWER’s receipt and collection of your Membership Fees. HOTEL POWER’s certification may include, but is not limited to, receipt of a completed enrollment application from you. If your Membership is not certified, HOTEL POWER will refund your Membership Fees.
Memberships Obtained Through Authorized Resellers. If you submitted your enrollment application and/or paid your Membership Fees to a HOTEL POWER authorized reseller, then your status as a Member will be subject to HOTEL POWER’s receipt of your completed enrollment application and Membership Fees from such HOTEL POWER authorized reseller. If HOTEL POWER does not receive either your completed enrollment application or your Membership Fees from the authorized reseller, HOTEL POWER shall have no obligation to enroll you in the Program or activate your status as a Member. You agree to release HOTEL POWER from any claim related to the submission of your enrollment application or payment of your Membership Fees to a HOTEL POWER authorized reseller.
Your Membership Term; Automatic Renewal. Your Membership has a term disclosed on your enrollment application and will be effective for the term disclosed on such form from the date you are certified in HOTEL POWER’s membership tracking system. Unless you elect not to renew your Membership by contacting HOTEL POWER in accordance with the policy stated in paragraph 6c of these terms and conditions, at least thirty (30) days prior to the expiration date of your current Membership term or HOTEL POWER elects not to renew your Membership, your Membership will be automatically renewed for successive terms of the same duration of time as stated on the initial enrollment application, subject to payment and collection of the applicable Renewal Fee(s). HOTEL POWER reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on www.hotelpower.com.
Contact HOTEL POWER With Questions About Your Membership. If you have any questions regarding your Membership, you may contact HOTEL POWER by visiting www.hotelpower.com or calling HOTEL POWER’s Call Center at 800-870-2979.
MEMBERSHIP DUTIES AND OPPORTUNITIES.
HOTEL POWER’s memberships and membership benefits are not transferable and may not be resold or combined with any other membership benefits or benefits programs as determined by HOTEL POWER in its sole and absolute discretion.
Membership Opportunities. As an Member, you may be eligible for special, exclusive travel opportunities and prices negotiated exclusively for HOTEL POWER and certain travel industry and non-travel industry perks and benefits offered by HOTEL POWER from time to time.
REBATES PAYABLE TO YOU.
Travel Rebates Payable to You. HOTEL POWER may pay you a rebate not to exceed five percent (5%) of the base price of the travel you’ve booked for travel on participating travel suppliers, not to include taxes and fees paid (“Rebates”). HOTEL POWER reserves the right to pay Rebates to its Members only when they have accumulated a minimum of $35.00 in earned rebates. HOTEL POWER further reserves the right to pay rebates in the form of a travel credit or GTI Travel Points equal to the amount of the Rebate earned. Upon termination of your Membership, you agree to forfeit and waive all rights to any pending Rebates related to your transactions as a Member of HOTEL POWER unless otherwise prohibited by law. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines or you owe any amounts due to HOTEL POWER, its partners and/or suppliers, HOTEL POWER reserves the right to retain any and all Rebates earned by you for any balances due HOTEL POWER, HOTEL POWER’s suppliers. HOTEL POWER reserves the right to cancel your membership if your membership or the benefits of the membership are being used by anyone outside of your immediate family or in a manner prohibited by the terms of your membership.
You Are Responsible for Taxes Payable on Payments Made to You by HOTEL POWER. HOTEL POWER will not withhold any taxes from any payments made to you pursuant to these Terms and Conditions. HOTEL POWER has not, is not and shall not be obligated to make, and it is the sole responsibility of you to make all periodic filings and payments required to be made in connection with any withholding taxes, FICA taxes, federal unemployment taxes, and any other federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to you by HOTEL POWER.
Members Who Are Not United States Residents or Citizens. If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as a Member with HOTEL POWER that would otherwise be available to a resident and citizen of the USA.
Members Who Are Not United States Residents or Citizens. If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as an Member with HOTEL POWER that would otherwise be available to a resident and citizen of the USA.
PAYMENT OF AMOUNTS YOU OWE TO HOTEL POWER.
Payment Authorization. You authorize HOTEL POWER to collect payment of your Membership Fees, Renewal Fee(s) and any other charges, by automatically charging any billing vehicle HOTEL POWER has on file for you. Should you prefer to be billed in advance for your Membership Renewal Fee rather than charged automatically for any Membership Renewal Fees, you must notify HOTEL POWER in writing no less than sixty (60) days from the expiration date of your Membership. For any amount owed by you to HOTEL POWER, HOTEL POWER reserves the right to (i) assess late fees and penalties for past due balances to the maximum extent allowed by law, (ii) process the balance due and all associated late fees and penalties (for past due amounts), and Collection Costs and Returned Check Fees (as such terms are defined below) on any billing vehicle that HOTEL POWER has on file for you, (iii) offset the balance due plus any late fees and penalties and Collection Costs and Returned Check Fees against any Rebates payable to you. In the event that HOTEL POWER incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to HOTEL POWER (the “Collection Costs”), you agree to pay all Collection Costs. In the event that any check that you issue or remit to HOTEL POWER is returned, you agree to pay to HOTEL POWER all costs and expenses as permitted by law (the “Returned Check Fees”).
Approvals for Membership Fees. In the event that HOTEL POWER is unable to obtain an approval code for the preliminary charge for your Membership Fees, HOTEL POWER reserves the right to continue to attempt to obtain an approval code by resubmitting the same charge through HOTEL POWER’s credit card processor.
Monthly Payment Plans. HOTEL POWER may, in its sole discretion, offer the option to make payments for the initial purchase payable on a pre-established monthly payment plan. Said purchase may include, but may not be limited to, Membership Fees. Such payment plan will be assigned at the time of purchase and may not be changed by you once established. If you select a monthly payment plan at the time of purchase, you agree that all payments within the schedule will be automatically charged on the assigned due date to the billing vehicle chosen at the time of purchase. Collection of your initial payment of the agreed upon plan will indicate your agreement to make all payments to HOTEL POWER as scheduled and agreed upon at the time of initial purchase of the applicable Membership or optional program, product or service, providing you have not elected to cancel your Membership pursuant to paragraph 6 of these terms.
Payments Not Collected. If HOTEL POWER is unable to collect the full amount or any amount of a payment due and payable to HOTEL POWER for your Membership, Renewal and/or any optional programs, products and/or services, HOTEL POWER reserves the right to terminate or suspend your Membership and/or your optional programs, products and/or services without notification. In addition, in the event we are unable to collect all of any portion of any payment billed to your credit card, you will be charged a fee in the amount determined by applicable law. Upon receipt of the total amount due, HOTEL POWER may reactivate your Membership, optional programs, products and/or services subject to receipt of late fees, which may be charged to the maximum extent required by law. HOTEL POWER also reserves the right to accelerate any and all balances for payments due for Membership and/or Renewal Fees should you default on your agreed payment plan.
Collections of Monthly Fees by Third Party Agencies. HOTEL POWER reserves the right, in its sole discretion, at any time during the Membership contract to sell or assign any payments due from you to HOTEL POWER to a third party for collection. These payments include, but are not limited to, monthly Membership Fees, Renewal Fees, as well as any other fees.
TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP.
Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, HOTEL POWER may immediately terminate your Membership. If your Membership is terminated by HOTEL POWER for any reason, you will not be entitled to any refund of payments or Membership Fees, and any and all Rebates earned by you may be withheld if necessary to offset any balances owed to HOTEL POWER and/or HOTEL POWER’s suppliers. Any rebates that exceed $25 not being applied to unpaid balances will be refunded to you. In the case where such a third party reseller enrolled you and collected your Membership Fees, you agree that all refunds shall be paid to you from such third party reseller. HOTEL POWER reserves the right to cancel any membership at any time for any reason in its sole discretion.
Cancellation of Your Initial Membership. You may cancel your Membership by notifying HOTEL POWER via telephone at 800-870-2979 FREE, during HOTEL POWER’s normal operating hours, which are from 9:00am and 6:00pm Eastern Time, Monday through Friday, and within the time period allotted as stated on your Member Application. Once the cancellation is received via telephone and you have been given a cancellation number, a refund, if applicable, will be issued less any applicable activation, shipping, processing, and/or application fees that may have been charged at the time of enrollment. Activation, shipping, processing, and/or application fees are non-refundable. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by HOTEL POWER. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
Cancellation of Your Renewal Membership. Unless HOTEL POWER elects not to renew or you elect not to renew your Membership by notifying HOTEL POWER via telephone during HOTEL POWER’s normal operating hours, which are 9:00am to 6:00pm Eastern Time, Monday through Friday, at least thirty (30) days prior to the expiration of your Membership, your Membership will be automatically renewed for additional terms of the same duration of time as on the initial application, subject to payment and collection of the applicable Renewal Fee(s). Should you elect to cancel your Membership, once the cancellation is received via telephone and you have been given a cancellation number, a refund, if applicable, if such a refund is due for the renewal term. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by HOTEL POWER. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
HOTEL POWER’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION.
Some of the ways HOTEL POWER accumulates and uses your personal information include, but are not limited to the following: HOTEL POWER uses the information it collects about you to process orders and to provide better service. When you make a reservation using HOTEL POWER’s services, HOTEL POWER may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows HOTEL POWER to process and fulfill your order and to notify you of your order status. When you subscribe to HOTEL POWER’s e-newsletter, HOTEL POWER may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, HOTEL POWER may ask for your name, address, phone number and email address so it can administer the contest and notify winners. HOTEL POWER personalizes your experience online by using your contact with HOTEL POWER’s websites to shape HOTEL POWER’s recommendations about HOTEL POWER content that might be of interest to you. HOTEL POWER also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. HOTEL POWER may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, HOTEL POWER may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT-If you would rather not receive information from HOTEL POWER or do not want HOTEL POWER to disclose your information to unrelated third parties, please send HOTEL POWER an email notification at email@example.com or in writing to HOTEL POWER 1060 Maitland Center Commons, Suite 305, Maitland, FL 32751. Please specify in your email to opt out of third party offers, opt out of HOTEL POWER offers, or opt out of both HOTEL POWER and third party offers. You agree to allow HOTEL POWER up to thirty (30) days for the change to take effect in HOTEL POWER’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from HOTEL POWER.
DISCLAIMER OF WARRANTY.
In the event that any travel product or service provided by a third party supplier is unsatisfactory to you, you will look solely to the provider of the product or service for rectification. All warranties, expressed or implied, related to travel products provided by a third party supplier are the responsibility of the third party supplier. HOTEL POWER DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY HOTEL POWER. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, HOTEL POWER PROVIDES THE HOTEL POWER MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM “AS-IS” AND WITHOUT WARRANTY OF ANY KIND OTHER THAN AS EXPRESSED AND SET FORTH IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY HOTEL POWER, THE HOTEL POWER MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY HOTEL POWER, ITS MEMBERS, REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL HOTEL POWER OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA, DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS, COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF HOTEL POWER OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOTEL POWER BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD. IN NO EVENT WILL HOTEL POWER’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF HOTEL POWER’S REVENUES RECEIVED DIRECTLY FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION AGAINST HOTEL POWER MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and HOTEL POWER, you and HOTEL POWER agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (//www.adr.org) National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (//www.arbforum.com) JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (//www.jamsadr.com) In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pendency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial By Jury.
Waiver. The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party.
Credit Reports. You authorize HOTEL POWER to report HOTEL POWER’s credit experience with you to others solely for: (i) periodic review of your independent contractor booking activity; and (ii) collection purposes.
Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing. You understand that HOTEL POWER may monitor, tape and/or record any conversation that may occur between us. However, HOTEL POWER is not obligated to do so and it may choose not to do so. You authorize HOTEL POWER to contact you at their discretion by using prerecorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Member Services.
Notices. All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to HOTEL POWER at 1060 Maitland Center Commons, Suite 305, Maitland, FL 32751], and if to you, to the most recent address on record with HOTEL POWER. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
Assignment of Rights and Obligations Under These Terms and Conditions. HOTEL POWER may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership, your duties as a HOTEL POWER Member, or your rights or obligations pursuant to these Terms and Conditions.
Sever-ability. If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
Certain Provisions Survive Termination, Cancellation or Expiration of Your Membership. All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of your Membership.
The Headings Are for Convenience of Reference Only. The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
Florida Law Governs These Terms and Conditions. These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and HOTEL POWER with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and HOTEL POWER. These Terms and Conditions shall not be construed more strongly against HOTEL POWER despite HOTEL POWER’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice.
Program and pricing are subject to change without notice.