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Global Travel International, Inc. DBA Journey Pass
Global Travel International - JV Pass Limited
Membership Program Terms and Conditions
1. APPLICATION FOR ENROLLMENT. You may apply for enrollment in the Journey Pass
T Membership Program (the "Program") offered by Global Travel International -
JV Pass Limited, 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.
b. 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.
c. Your Membership Term; Recurring Renewal. Your Membership has a term of one
(1) month from the date you are certified in Journey Pass' membership tracking
system. Unless you elect to cancel your Membership by contacting Journey Pass
in accordance with the policy stated in paragraph 6b of these terms and conditions,
prior to the expiration date of your current Membership month or Journey Pass elects
not to renew your Membership, your Membership will be renewed for successive one (1)
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.
d. 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 charging any billing vehicle Journey Pass has on file for you
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.
c. 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. 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 Membership. You may cancel your Membership by notifying Journey Pass via telephone at 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. Providing all cancellation requirements described in this section have been met within the cancellation period provided, you will owe nothing further and your membership and its associated services will be discontinued. Shipping and, processing fees are not subject to a refund if the membership materials have been shipped pursuant to our agreement at the time of enrollment.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 1/1/09
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