Permitted Use of the Website
As a condition of using our website:
- 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;
- You represent that you are at least 18 years of age.
- You may not access or use this website for any unlawful purpose.
- You may not access or use this website in any manner that could damage, disable or overburden our computer system, server or network.
- 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.
- 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.
Services and Contract
By becoming a MyPlanetRewards.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, MyPlanetRewards.com negotiates rates with certain hotels and suppliers to obtain for its members the wholesale rates for hotel rooms and other travel related services. You authorize MyPlanetRewards.com to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, which include taxes. You agree that MyPlanetRewards.com will charge your credit card for the total reservation price. Upon your submitting your reservation request, you authorize MyPlanetRewards.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 “resort fee” and/or additional incidental expenses you incur during your stay. That deposit is unrelated to any payment MyPlanetRewards.com receives for your hotel booking.
With a premium 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 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 MyPlanetRewards.com has negotiated with such hotels, suppliers and affiliate partners. Our website will inform you of that amount of your hotel stay and other travel services and the savings you received for booking your reservation with MyPlanetRewards.com. We will pass 100% of the Savings to you. With your membership, you will be able to offer a person of your choice (the “Referred Member”) a free unlimited membership to MyPlanetRewards.com (the “Boomerang Membership”). The Boomerang Membership is a basic membership which does not entitle the Referred Member to earn reward credits to obtain additional savings. The Referred Member may upgrade his/her membership by paying the original annual membership fee for the applicable membership. 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, the premium member, will receive the other 50% of the savings in reward credits as a result of the Referred Member booking the hotel stay on MyPlanetRewards.com and completing his or her stay. You will receive your share of the member savings and any savings based on the Referred Member’s travel (the “Combined Savings”) in the form of reward credits. By way of illustration, if a Referred Member books a hotel stay and saves $230 by booking the stay on MyPlanetRewards.com, you will receive 100x of the Savings or 50% of the total wholesale savings in the form of 23,000 reward credits ($230 x 100). You will earn reward credits only after the Referred Member concludes his/her travel stay. Additionally, however, in the event you offer a Boomerang Membership to a Referred Member, 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 sixty (60) days following your redemption process on MyPlanetRewards.com, you will receive a check for the Cash Alternative from Focus Right Marketing, Inc., the Company that manages the website MyPlanetRewards.com, in an amount equal to $.50 per 100 reward credits redeemed. MyPlanetRewards.com will give reward credits in an amount equal to 100x of the Boomerang Member Savings. The premium member may also redeem reward credits as a form of payment toward travel on MyPlanetRewards.com equal to $1.00 for each 100 credits earned (23,000 credits earned (/) 100 (x) $1.00 = $230 in travel credit). You may cancel your premium 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 unless you cash them in before you cancel. If the Referred Member upgrades his or her Boomerang Membership to become a premium member, you will no longer earn reward credits for travel for that particular Referred Member subsequently books.
Treatment of User Content
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.
You agree to defend and indemnify MyPlanetRewards.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, MYPLANETREWARDS.COM, ITS SUBSIDARIES AND AFFILIATES AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “MYPLANETREWARDS.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, MYPLANETREWARDS.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 MYPLANETREWARDS.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.
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.
Any and all proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. MyPlanetRewards.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 MyPlanetRewards.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 MyPlanetRewards.com and you is 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
MyPlanetRewards.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 MyPlanetRewards.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@MyPlanetRewards.com
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:
- Use this Website or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- 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;
- 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;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionally large load on our infrastructure;
- 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
- “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 MyPlanetRewards.com cancelling any bookings associated with your name, email address, or account, and closing any associated MyPlanetRewards.com accounts. If you have conducted any fraudulent activity, MyPlanetRewards.com reserves the right to take any necessary legal action and you may be liable for monetary losses to MyPlanetRewards.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.