Terms and Conditions of Membership
Definitions: The following terms when used herein shall have the following meanings:
Benefits: Access to the various special products and services made available to Members, which Benefits shall be as published on the Society of Intelligent Travelers Website. Benefits may include travel commissions, preferred rates, net rates, special offers, exclusive product and/or pricing and such other products and services as InteleTravel.com shall in its sole discretion offer from time to time.
Initial Membership Fee: The one-time payment due on application to become a Member. Force Majeure Event: An extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an act of God, such as hurricane, flooding, earthquake, volcanic eruption, etc., that prevents one or both parties from fulfilling their obligations under this contract.
InteleTravel.com: 45 Buyers group, Inc., a New York corporation, doing business as InteleTravel.com. Member: A person who has been accepted by InteleTravel.com as a Member of the Society of Intelligent Travelers and who has paid the Initial Membership Fee and continues to pay the Monthly Membership Fee. A person immediately ceases to be a Member if he or she terminates his or her Membership or fails to pay the Monthly Membership Fee when due.
Membership: Participation in the closed-user group which entitles the Member to access all of the Benefits offered from time to time by InteleTravel.com through the Society of Intelligent Travelers Membership Program.
Membership Application: Your Membership application form, including these Terms and Conditions, and the application process.
Monthly Membership Fee: The monthly payment made by a Member to maintain Membership in the Program.
Program: The Society of Intelligent Travelers Benefits Membership Program.
Provider: A third party with whom InteleTravel.com has entered into a contract whereby the third party provides Benefits to Members of the Society of Intelligent Travelers closed-user group Membership Program operated by InteleTravel.com.
Website: The Society of Intelligent Travelers Website, www.intelligenttravelsociety.com or sub domains of that Website and any other websites including subdomains through which InteleTravel.com may offer access to Program Benefits from time to time.
1. Minimum Age: You must be 18 years of age or older.
2. Acceptance: Membership in the Program becomes effective only when the Membership Application is accepted by InteleTravel.com, the Initial Membership Fee and the first Monthly Membership Fee is paid and received by InteleTravel.com, and you have accepted these Terms and Conditions of Membership. Continued Membership is at all times after acceptance conditional upon payment by you of the Monthly Membership Fee. InteleTravel.com may refuse to accept any Membership Application in its sole discretion.
3. Payment Authorization: You hereby authorize InteleTravel.com to charge your credit or debit card identified in your Application, or provided to InteleTravel.com from time to time, with the Initial Membership Fee and the Monthly Membership Fees. You hereby certify that the credit or debit card used to make payment is held in your name or that you are an authorized user of the card. Payments contemplated by this purchase consist of the Initial Membership Fee and the recurring Monthly Membership Fees until the Membership is cancelled by notice in writing in accordance with these Terms and Conditions.
4. Providers of Benefits: InteleTravel.com supplies certain Benefits itself and/or through associated entities but also contracts with various Providers to provide Benefits to Members, which Benefits will change from time to time. InteleTravel.com shall at all times provide updated information as to Benefits available on its Website.
5. Authorized Users: Benefits may be used by any Member and by one (1) adult aged 18 or older who resides in the same household as the Member, including a spouse, civil or other partner. A maximum of two (2) adults aged 18 or older may travel per booking provided at least one (1) adult on the booking is a Member or is an adult aged 18 or older who resides in the same household as a Member. A Membership may only be held in the name of an individual person; InteleTravel.com does not accept Membership Applications in multiple names, partnerships, trusts or in the names of, or on behalf of, business entities. Members may take dependent children on Society of Intelligent Travelers' bookings by paying the designated trip charge. Children may be charged an additional Dependent Child Fee ("DCF"), which is particular to each booking and will change accordingly. Dependent children are those children residing with their parent(s) or legal guardian(s), in full-time education and 18 years of age or under. Those children who are over the age of 18, unmarried, residing with their parent(s) or legal guardian(s), and attending full-time education (up to the age of 25) are also considered dependent children for these purposes. In addition, a child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is a dependent child for these purposes. Additional rooms for dependent children under the age of 18 years not sharing accommodation with adult guests can be requested but are not guaranteed to be available and will be subject to additional charges which may vary.
6. Selection of Benefits: It is your responsibility to choose which Benefits you use. Not electing to participate in all or any of the Benefits offered does not constitute a breach of your Membership. Except in accordance with the provisions for Cancellation in these Terms and Conditions, you will not be eligible for a full or partial refund of your Initial Membership Fee and Monthly Membership Fees as a result of your non-use of any of the Benefits of the Program. Benefits available may be varied and/or replaced by alternative Benefits at any time in the sole discretion of InteleTravel.com.
7. Availability: Due to the inherently limited inventory in the travel industry, the availability of specific services or features such as room upgrades or amenities is not guaranteed and may be subject to limits on availability or price, which may vary. InteleTravel.com will make every reasonable effort to offer you the best possible price, but prices may increase above the initially published price due to limited inventory availability. Benefits are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by a Provider, such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms, including any such restrictions or requirements, before booking. InteleTravel.com shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
8. Membership is Non-Transferable: Membership is personal to you as a Member and you may not transfer, assign, charge or otherwise dispose of any of your rights or obligations without the prior written consent of InteleTravel.com. Membership shall terminate automatically on the death of the individual in whose name the Membership is held.
9. Provider Terms and Restrictions: These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Provider, and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Provider supplying such products or services to the Member.
10. Website Content Without Warranties: All materials, information, software, products, and services included on or available through the Website (the "content") are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties of any kind, either express or implied.
11. Disclaimer of Liability and Limitation of Damages: InteleTravel.com, its parent, subsidiaries, associated entities, Providers, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, and the employees, agents, assigns, owners, officers or directors of the foregoing parties (collectively, the "covered parties") shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from: (1) the use of, or inability to use, the Website; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties' liability for damages to a Member exceed the Initial and Monthly Membership Fees paid by the Member during the 12 months immediately preceding the first event that is alleged to have caused the damages. Nothing in this clause shall be effective to limit the liability of the covered parties in respect of death or personal injury caused by negligence.
12. Arbitration: Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in Palm Beach County, Florida, USA. The arbitration shall be conducted before the American Arbitration Association, before a single arbitrator, and shall be conducted pursuant to the Commercial Dispute Resolution Procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its own fees and costs, and costs of arbitration/shall be shared equally.
14. Propriety Ownership and Rights: The Website content, including, but not limited to, its appearance, layout, color scheme, and design, and the Program, software, logos, trade, service and other marks used with the Website or the Program from time to time belong to and shall remain the property of InteleTravel.com or its licensors and are protected by intellectual property laws. Any software that is made available to download from the Website (the "Software") is the copyrighted work of InteleTravel.com, its subsidiary, associated or affiliated entities and/or its Providers and/or their suppliers or licensors. InteleTravel.com grants you only a limited, non-transferable, revocable and non-exclusive license to use the Software, documentation and other content of the Website necessary to access, explore and otherwise use the Website in real time and to use the materials and the Benefits of the Program on the Website in a manner consistent with these Terms and Conditions. Copying or reproduction of the Software or of the Website content or Program to any other server or location for further reproduction or redistribution is expressly prohibited. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Website content or the Program, in whole or in part, by any means, except as expressly authorized in writing by us. You shall not use, disseminate or reproduce any InteleTravel.com or Society of Intelligent Travelers trademarks, tradenames, trade dress, service marks, copyrights or other intellectual property in marketing materials, or in advertising on social media, including, but not limited to, Facebook, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the prior express written consent of InteleTravel.com.
16. Independent Relationship: No relationship between InteleTravel.com and any third parties, including, but not limited to, Providers, travel agents, travel experts, writers, and Members, whether or not they share in the revenues and/or profits of InteleTravel.com, who post, publish, view, receive, or utilize information and/or materials on the Website shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of InteleTravel.com, its parent, subsidiaries, Providers, associated or affiliated entities or any officer thereof.
17. Changes to Terms and Conditions: InteleTravel.com may revise and amend these Terms and Conditions from time to time. Your use of any of the Website or Benefits offered in the Program will be subject to the Terms and Conditions in force at the latest time you access the Website and the Benefits, and your use of the Website and/or the Benefits shall constitute your acceptance of the applicable Terms and Conditions.
18. Authorization to Disclose Contact Information: By completing and submitting the Membership Application Form, you specifically authorize InteleTravel.com to transfer and disclose personal or confidential contact information which you have provided to InteleTravel.com in connection with your Membership Application Form to its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers and vendors, as well as, if required by law, applicable government or regulatory bodies. You consent to InteleTravel.com and its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers, vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Membership Application Form or as provided to InteleTravel.com by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of InteleTravel.com products, sales aids, and services. Your consent to receive such emails and/or text messages shall continue during the currency of this agreement and shall survive the termination or expiration of this agreement for any reason unless and until you inform InteleTravel.com of revocation of consent to receive such communications. You may revoke your consent in writing by emailing email@example.com or by utilizing the unsubscribe option contained within an InteleTravel.com email or text communication.
19. Indemnification: You agree to indemnify InteleTravel.com for any liability, including legal fees, costs and disbursements, damages, fines, penalties, or other awards arising from your conduct and that of your companion when travelling as a Society of Intelligent Travelers Member or companion. InteleTravel.com may at any time set off any liability of the Member or companion against any liability of InteleTravel.com, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms and Conditions. Any exercise by InteleTravel.com of its rights under this section shall not limit or affect any other rights or remedies available to InteleTravel.com under these Terms and Conditions, applicable law or otherwise.
20. Entire Contract: The Membership Application Form and these Terms and Conditions constitute the entire contract between you and InteleTravel.com relating to your Membership. Any promises, representations, offers, and other communications not expressly set forth or incorporated by reference in these Terms and Conditions are of no force or effect.
21. Waivers: Any waiver by InteleTravel.com of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of InteleTravel.com. Waiver by InteleTravel.com of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.
22. Partial Invalidity: If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect.
23. Your Right of Cancellation: You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax or email) to: InteleTravel.com, ATTENTION: SOCIETY OF INTELLIGENT TRAVELERS BENEFITS MEMBERSHIP PROGRAM, 777 East Atlantic Avenue, Suite 300, Delray Beach, FL 33483, USA; telephone: (561) 272-9666; fax: (561) 272-0813; email: firstname.lastname@example.org.
You may use the attached model cancellation form, but it is not obligatory
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation:
If you cancel this contract, we will reimburse to you all payments received from you, including any costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied, orWe will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services (i.e., the receipt of Benefits under the Membership Program) during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
b) (if earlier) 14 days after you provide evidence that you have returned the goods, or c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
24. Termination: After the expiry of the cancellation period, your Membership shall remain in effect until (i) terminated by you by sending, in writing, notice of termination of your Membership by certified mail to InteleTravel.com, ATTENTION: SOCIETY OF INTELLIGENT TRAVELERS BENEFITS MEMBERSHIP PROGRAM, 777 East Atlantic Avenue, Suite 300, Delray Beach, FL 33483, USA or by email to email@example.com or (ii) terminated by InteleTravel.com by sending in writing, notice of termination of your Membership to you by certified mail at the address held on file by InteleTravel.com for you or by email to the email address held on file for you at the date of the notice. (Notice to InteleTravel.com must include your signature, printed name, address, and Member Identification Number). Your Membership will also be terminated with immediate effect if you stop payment of the Monthly Membership Fee or if any of the information provided by you on your Membership Application is found to be false, inaccurate or fraudulent. Notice of termination must be received by InteleTravel.com at least five (5) business days prior to the scheduled payment date of your account. If a termination notice is received fewer than five (5) business days prior to the scheduled payment date, termination will become effective in the month following the month in which the notice of termination is received by InteleTravel.com. Termination by either party shall terminate your use of the Benefits of Membership and access to the Website with effect from the next scheduled payment date.
MODEL CANCELLATION FORM
To: InteleTravel.com, ATTENTION: SOCIETY OF INTELLIGENT TRAVELERS BENEFITS MEMBERSHIP PROGRAM, 777 East Atlantic Avenue, Suite 300, Delray Beach, FL 33483, USA;
or by email to: firstname.lastname@example.org;
or by fax to: +1 (561) 272-0813;
I/We [*] hereby give notice that I/We [*] cancel my/our [*] Membership.
Purchased on: [*] Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this cancellation is notified to the Trader by the consumer on paper): Date: [*] Delete as appropriate.