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1. APPLICATION FOR ENROLLMENT. You may apply for enrollment in the Journey Pass ™
Membership Program (the "Program") offered by Global Travel International,
Inc., a Florida corporation, DBA Journey Pass ("Journey Pass") 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 Journey Pass
in its sole discretion. Journey Pass may amend these Terms and Conditions,
at any time, by posting the amendments on Journey Pass's company website,
www.journeypass.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.journeypass.com.
2. MEMBERSHIP STATUS. a. Your Certification by Journey Pass as a Member. You
will become an active Member of the Program ("Member") immediately upon (i)
Journey Pass's certification of you as a Member of the Program ("Membership"),
and (ii) Journey Pass's receipt and collection of your Membership Fees, if
applicable. Journey Pass's certification may include, but is not limited to,
receipt of a completed enrollment application from you If your Membership is
not certified, Journey Pass will refund your Membership Fees if applicable.
i. Memberships Obtained Through Authorized Resellers. If you submitted your
enrollment application and/or paid your Membership Fees to a Journey Pass
authorized reseller, then your status as a Member will be subject to
Journey Pass's receipt of your completed enrollment application and Membership
Fees, if applicable from such Journey Pass authorized reseller. If Journey Pass
does not receive either your completed enrollment application or your
Membership Fees, if applicable from the authorized reseller, Journey Pass
shall have no obligation to enroll you in the Program or activate your status
as a Member. You agree to release Journey Pass from any claim related to the
submission of your enrollment application or payment of your Membership Fees,
if applicable to a Journey Pass authorized reseller.
b. Your Membership Term; Automatic Renewal. Your Membership has a term of
twelve (12) months from the date you are certified in Journey Pass's
membership tracking system. Unless you elect not to renew your Membership by
contacting Journey Pass 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 Journey Pass elects not to
renew your Membership, your Membership will be automatically renewed for
successive twelve (12) month terms, subject to payment and collection of the
applicable Renewal Fee(s). Journey Pass reserves the right to amend the
Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on
www.journeypass.com.
c. Contact Journey Pass With Questions About Your Membership. If you have any
questions regarding your Membership, you may contact Journey Pass by visiting
www.journeypass.com
3. MEMBERSHIP DUTIES AND OPPORTUNITIES. a. Membership Duties. As a Member, you
shall comply with these Terms and Conditions and the guidelines contained in
the Program materials provided by Journey Pass and available on
www.journeypass.com (collectively, the "Guidelines"), as the same may be
amended by Journey Pass from time to time in its sole discretion.
4. REBATES PAYABLE TO YOU. a. Travel Rebates Payable to You. Journey Pass will
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"). Journey Pass reserves the right to
pay Rebates to its Members only when they have accumulated a minimum of $35.00
in earned rebates. GTI further reserves the right to pay rebates in the form of
a travel credit or other compensation 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 Journey Pass
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 Journey Pass, its partners and/or suppliers, Journey Pass reserves the
right to retain any and all Rebates earned by you for any balances due
Journey Pass, Journey Pass's suppliers. Journey Pass 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
prohibite by the terms of your membership.
b. You Are Responsible for Taxes Payable on Payments Made to You by Journey Pass. Journey Pass will not withhold any taxes from any payments made to you
pursuant to these Terms and Conditions. Journey Pass 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 Journey Pass.
c. 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 Journey Pass that would otherwise
be available to a resident and citizen of the USA.
5. PAYMENT OF AMOUNTS YOU OWE TO Journey Pass. a. Payment Authorization. You
authorize Journey Pass to collect payment of your Membership Fees, Renewal
Fee(s) and any other charges, if applicable, by automatically charging any
billing vehicle Journey Pass has on file for you. Should you prefer to be
billed in advance for your annual Membership Renewal Fee, if applicable rather
than charged automatically for any Membership Renewal Fees, you must notify
Journey Pass in writing no less than sixty (60) days from the expiration date
of your Membership. For any amount owed by you to Journey Pass, Journey Pass
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 Journey Pass 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 type of Rebates payable to you. In the event that Journey Pass
incurs any fees and costs, including, without limitation, legal fees and
expenses, in connection with its collection of any amounts due from you to
Journey Pass (the "Collection Costs"), you agree to pay all Collection Costs.
In the event that any check that you issue or remit to Journey Pass is
returned, you agree to pay to Journey Pass all costs and expenses as permitted
by law (the "Returned Check Fees").
i. Installment/Monthly Payment Plans. Journey Pass may, in its sole
discretion, offer the option to make payments for the initial purchase payable
on a pre-established installment or monthly payment plan. Said purchase may
include, but may not be limited to, Membership Fees, if applicable. Such
payment plan will be assigned at the time of purchase and may not be changed by
you once established. If you select an installment or monthly payment plan at
the time of purchase, if applicable, 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
Journey Pass as scheduled and agreed upon at the time of initial purchase of
the applicable Membership, providing you have not elected to cancel your
Membership pursuant to paragraph 6c of these terms.
b. Payments Not Collected. If Journey Pass is unable to collect the full
amount or any amount of a payment due and payable to Journey Pass for your
Membership or, Renewal, Journey Pass reserves the right to terminate or
suspend your Membership without notification. In addition, in the event we are
unable to collect all or 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, Journey Pass may reactivate your Membership
subject to receipt of late fees, which may be charged to the maximum extent
required by law. Journey Pass 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.
i. Collections of Monthly Fees by Third Party Agencies. Journey Pass reserves
the right, in its sole discretion, at any time during the Membership contract
to sell or assign any payments due from you to Journey Pass 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.
6. TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP. a. Termination
of Your Membership. In the event that you fail to comply with any of these
Terms and Conditions or the Guidelines, Journey Pass may immediately terminate
your Membership. If your Membership is terminated by Journey Pass for any
reason, you will not be entitled to any refund of payments or Membership Fees,
and any and all travel Rebates earned by you may be withheld if necessary to
offset any balances owed to Journey Pass and/or Journey Pass's suppliers. 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.
b. Cancellation of Your Initial Membership. You may cancel your Membership by
notifying Journey Pass via telephone on the telephone number provided to you
at enrollment, during Journey Pass's normal operating hours, and within the
time period allotted as stated at the time of enrollment. Should you elect to
cancel your Membership, once Journey Pass is contacted via telephone on the
number it has directed you to use for cancellations, a cancellation number will
be issued to you provided you are calling to cancel within the cancellation
period. You agree that your membership will not be canceled and a refund not
due, if applicable until this cancellation number has been issued by
Journey Pass. Providing all cancellation requirements described in this
section have been met within the cancellation period provided, a refund will be
issued, if applicable, and 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 Journey Pass. You agree that submitting a request for
cancellation using these methods will be considered an invalid request.
c. Cancellation of Your Renewal Membership. Unless you elect not to renew your
Membership by notifying Journey Pass via telephone, during Journey Pass's
normal operating hours, at least thirty (30) days prior to the expiration of
your Membership, or Journey Pass elects not to renew your Membership at least
thirty (30) days prior to the expiration of your Membership, your Membership
will be automatically renewed for additional twelve (12) month terms, subject
to payment and collection of the applicable Renewal Fee(s). Should you elect to
cancel your Membership, you agree to contact Journey Pass via telephone for
cancellation, and a cancellation number will be issued to you. You agree that
your Membership will not be canceled and a refund not due, if applicable until
this cancellation number has been issued by Journey Pass You further agree
that should you fail to meet all of these requirements within the cancellation
period provided, your Membership will remain Active and all future billings as
agreed upon at enrollment will be resumed. At this point, you will be obligated
to fulfill the terms of your contract.
Providing all cancellation requirements described in this section have been met
within the cancellation period provided, a refund will be issued to you if such
a refund is due for the renewal term. NOTE: Faxed, emailed or mailed requests
for cancellation will not be processed by Journey Pass. You agree that
submitting a request for cancellation using these methods will be considered an
invalid request.
9. YOUR WARRANTIES AND INDEMNITY. a. Your Warranties to Journey Pass. You
warrant and represent that: (i) all information provided as part of your
enrollment application to become a Member is current, complete and correct;
(ii) you are at least eighteen (18) years of age; and (iii) you will notify of
Journey Pass of any change of information (including credit card information)
as soon as practicable after such change.
b. You Indemnify the Journey Pass Group. You shall indemnify and hold
Journey Pass and Journey Pass's employees, contractors, officers, directors,
shareholders, agents, members and/or affiliates (collectively, the "Journey Pass
Group") harmless from and against any and all claims suffered by any of the
Journey Pass Group arising out of or in respect of (i) any violation of law by
you, (ii) fraud, misrepresentation, willful misconduct or gross negligence on
the part of you, (iii) any violation of these Terms and Conditions or the
Guidelines by you, and (iv) any costs, fees, expenses, liabilities or penalties
associated 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
Journey Pass.
10. Journey Pass'S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION.
Some of the ways Journey Pass accumulates and uses your personal information
include, but are not limited to the following: Journey Pass uses the
information it collects about you to process orders and to provide better
service. When you make a reservation using Journey Pass's services,
Journey Pass may need to know your name, email address, mailing address, phone
number, credit card number, and expiration date. This allows Journey Pass to
process and fulfill your order and to notify you of your order status. When you
enter a contest or other promotional feature, Journey Pass may ask for your
name, address, phone number and email address so it can administer the contest
and notify winners. Journey Pass personalizes your experience online by using
your contact with Journey Pass's websites to shape Journey Pass's
recommendations about Journey Pass content that might be of interest to you.
Journey Pass also monitors customer traffic patterns and website usage to help
it develop the design and layout of the site. Journey Pass may also use the
information it collects to occasionally notify you about important changes to
its services, new services and special offers. In addition, Journey Pass 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 Journey Pass or do not
want Journey Pass to disclose your information to unrelated third parties,
please send Journey Pass an email notification at service@Journey Pass.com or
in writing to Journey Pass. You agree to allow Journey Pass up to thirty (30)
days for the change to take effect in Journey Pass's system.
11. 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.
Journey Pass DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY
OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE
OFFERED BY Journey Pass. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL
PRICE PAID FOR YOUR MEMBERSHIP, Journey Pass PROVIDES 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 Journey Pass, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING
BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY Journey Pass, ITS AGENTS,
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.
12. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS
AND CONDITIONS, IN NO EVENT WILL Journey Pass OR ITS AFFILIATES, PRINCIPALS,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, 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
Journey Pass OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Journey Pass 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 Journey Pass'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 Journey Pass'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 Journey Pass 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.
13. MISCELLANEOUS. a. All Disputes Shall be Settled by Arbitration. In the
event of a dispute between you and Journey Pass, you and Journey Pass 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) (http://www.adr.org) .National Arbitration Forum,
P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371)
(http://www.arbforum.com) .JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614
(phone: 9492241810) (http://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.
b. 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.
c. Credit Reports. You authorize Journey Pass to report Journey Pass's credit
experience with you to others solely for (i) collection purposes.
d. Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing. You
understand that Journey Pass may monitor, tape and/or record any conversation
that may occur between us. However, Journey Pass is not obligated to do so and
it may choose not to do so. You authorize Journey Pass 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.
e. 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 Journey Pass at its
principal offices as set forth on www.journeypass.com, and if to you, to the
most recent address on record with Journey Pass. 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.
f. Assignment of Rights and Obligations Under These Terms and Conditions.
Journey Pass may assign its rights and obligations pursuant to these Terms and
Conditions without prior notice. You may not assign your Membership or your
rights or obligations pursuant to these Terms and Conditions.
g. Severability. 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.
h. 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.
i. 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.
j. 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.
k. 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 Journey Pass 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
Journey Pass. These Terms and Conditions shall not be construed more strongly
against Journey Pass despite Journey Pass's responsibility for its
preparation.
These Terms, the Program and pricing are subject to change without notice.
effective 11/8/07 2006-80806
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