Terms of Use

last updated: 05/04/2026

THE FOLLOWING DESCRIBES THE TERMS ON WHICH LEXYL TRAVEL TECHNOLOGIES, LLC OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") for groups.cheaptickets.com ("Lexyl"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of [companyShort]. By accessing or using the Site, YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are of legal age to form a binding contract with LEXYL, and (c) you have the authority to enter into this Agreement personally or on behalf of an entity, organization, or company you have named as the user, and to bind such entity to this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE LEXYL SITE. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED “ARBITRATION” FOR MORE INFORMATION. THIS AGREEMENT LIMITS LEXYL’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Company may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately once posted on the Site. This Agreement is effective upon your use or continued use of this Site.

1. Membership Eligibility.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended groups.cheaptickets.com members. If you are under the age of 18, you cannot use this service. If you do not qualify, please do not use our Site. Further, your groups.cheaptickets.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, (i.e. Travel Agency, Wholesaler, Group Coordinator, Hotel, or other Travel Services Vendor.) you represent that you have the authority to bind the entity to this Agreement. Business entities using this service to receive rate quotes without ever contacting a vendor online are subject to account suspension or termination. If you are responding on behalf of a hotel, you must be a full time employee or owner of the hotel that has authorized access to the hotel's reservations system.

2. Fees and Services.

Joining and listing meeting or event space, groups or long stays at groups.cheaptickets.com is free for individuals, travel agents, group coordinators, and wholesalers. Hotels have the option of enrolling in our preferred membership program for a fee. The Hotel and/or Travel Services Vendor is responsible for paying a 10% referral fee to groups.cheaptickets.com for actualized business referred from the basic free bidding on requests coming through the channels that require a commission, including but not limited to individual reservations derived from the basic free bidding on requests. Hotels enrolled in our preferred membership program are eligible to pay an 7% referral fee for actualized business from the basic bidding. Hotels may elect to increase the referral fee to groups.cheaptickets.com per each bid offered on our site; however, at no time shall referral fees be less than that stated herein. The hotel is responsible for tracking reservations on all meeting and/or event space, groups and long stays, including but not limited to individual reservations derived from the basic free bidding on requests. If hotel fails to track actualized business due to incomplete records, lost or stolen records, technical failure, or any other reason, whatsoever, then the hotel must pay a 10% referral fee on all requested business as found in the online client request for proposal. The hotel is responsible for payment of our referral fee for actualized business sourced by our site regardless of whether the reservation was booked through a third-party vendor.

3. Lexyl is a Middleware.

Lexyl is not an Auctioneer. The Site acts as a middleware to allow the Hotel and/or Travel Services Vendor to sell rooms and/or services at any posted rate. The Company is not involved in the actual transaction between buyers and sellers. As a result, The Company has no control over the quality, price , safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Company cannot ensure that a buyer or seller will actually complete a transaction. As a middleware, groups.cheaptickets.com allows Hotel and/or Travel Services Vendor to contract to sell rooms and/or services using electronic agreements and/or electronic forms and electronic services provided by HelloSign, Inc., in accordance with the Terms of Use of HelloSign, Inc. and groups.cheaptickets.com. groups.cheaptickets.com, however, has no control over the terms or content of any electronic agreement, and makes no representations or warranties, nor provides any legal advice, regarding the desirability of entering into any agreement, nor the content, form, legality, validity, execution, or enforceability of any agreement entered between Hotel and/or Travel Service and the end-user. For individual bookings Lexyl does not act as a marketplace. Reservations of 9 rooms per night or less are serviced through an API connection with online travel agency partners. Hotel and/or Travel Service and the end-user are responsible for ensuring that any agreement between itself and the end-user is appropriate, valid, legal, and enforceable, and are both encouraged to seek the advice of licensed legal counsel in the appropriate jurisdiction before entering into or drafting any agreement. Hotel and/or Travel Service agrees to hold groups.cheaptickets.com harmless and indemnify it for all demands, claims, damages, and costs, including reasonable attorneys’ fees, arising from any dispute arising out of the use of any electronic agreement entered into using the online services of groups.cheaptickets.com. Hotel and/or Travel Service further agree to hold groups.cheaptickets.com harmless from any consequential damages, however arising, from the drafting, execution, or performance or non-performance of any electronic agreement entered into using groups.cheaptickets.com’s services.

For individual bookings serviced through API connections with online travel agency partners, Lexyl acts as an intermediary and not as the contracting party for the accommodation services. The contractual relationship for the accommodation is between the end-user and the hotel or accommodation provider. Lexyl’s role is limited to providing the technology site.

Identity Verification. The company uses many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, groups.cheaptickets.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with the hotel or travel agency using the tools available on this site.

Release. Because The Company is a middleware, in the event that you have a dispute with one or more users, you release groups.cheaptickets.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Information Control. The Company does not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and groups.cheaptickets.com is not responsible for the acts or omissions of users on the Site.

4. Bidding.

As a Hotel or Travel Services Vendor, you are obligated to complete the transaction with the Group Coordinator, Travel Agent, Wholesalers and/or the Booking Party that they represent:

By bidding on a group booking you agree to be bound by the conditions of sale included in the group's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: when the Group Coordinator, Travel Agent, Wholesaler and/or Booking Party materially changes the group's description after you bid; a clear typographical error is made; you cannot authenticate the Hotel, Travel Vendor, Travel Agent, Wholesaler, Group Coordinators and/or Booking Parties identity. The hotel is responsible for tracking reservations on all meeting and/or event space, groups and long stays, including but not limited to individual reservations derived from the basic free bidding on requests. If hotel fails to track actualized business due to incomplete records, lost or stolen records, or technical failure, then the hotel must pay 10% referral fee on all requested business as found in the client request for proposal.

Predatory sales techniques are strictly prohibited. Predatory sales techniques include, but are not limited to offering special promotions, discounts, or directions for clients in an effort to incentivize them to work outside the system.

groups.cheaptickets.com should always receive the hotel's lowest group rates. Periodically groups.cheaptickets.com will conduct group hotel rate audits on behalf of their group coordinators. If a contracted group rate has become uncompetitive for any reason, the hotel must adjust the contracted group rate to be inline with other discounted group and transient rate promotions over the group's contracted dates at the group's contracted hotel.

In the event of a hotel ownership change, proof of bankruptcy of previous ownership must be provided in order to waive past due commissions for new ownership.

Accepted bids on instant offers do not guarantee a rate or room until a contract is signed between the customer and the hotel (or other accommodation provider).

5. Listing.

Listing Description. When posting a group booking for bidding you must be legally able to represent the booking party you list on the Site. An IATA Card is significant identification that you are a qualified listing agent, or a signed agreement from the booking party. You must describe your group and all terms of sale on the group registration page of the Site. Your listings may only include text descriptions and other content relevant to the needs of the group.

Fraud. Without limiting any other remedies, groups.cheaptickets.com may suspend or terminate your account or cancel any and all reservations if The Company suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Manipulation. Neither Travel Agents, Group Coordinators, Individuals, Wholesalers, Travel Services Vendors nor Hotels may manipulate the price of any item nor may you interfere with other user's listings or transactions.

6. Your Information.

Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities. Your Information (or any groups listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; are concurrently listed for sale on a web site other than groups.cheaptickets.com's or you do not have a right to contract rates. License. Solely to enable groups.cheaptickets.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. groups.cheaptickets.com will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference.

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to groups.cheaptickets.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of groups.cheaptickets.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

8. Breach.

Without limiting other remedies, The Company may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) The Company is unable to verify or authenticate any information you provide to us; or (c) The Company believes that your actions may cause financial loss or legal liability for you, our users or us.

9. Privacy.

The Company may share your personal information with third parties for marketing purposes only in accordance with applicable law, including the General Data Protection Regulation (GDPR) where applicable. By using this site or registering as a member, you consent to the use and sharing of your information as described in the Privacy Policy. Where required by applicable law, the Company will obtain your explicit consent before sharing your personal information for marketing purposes.

The company views the protection of users’ privacy as a very important community principle. The Company understands clearly that you and your information is one of our most important assets. The Company stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. For users located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, transfers of personal data to the United States are conducted in compliance with applicable data transfer mechanisms, including Standard Contractual Clauses approved by the European Commission or other legally recognized safeguards. The Company uses third parties to verify and certify our privacy principles. Our current Privacy Policy is available on our privacy statement page. If you object to your Information being transferred or used in this way please do not use our services. You may exercise your data protection rights, including the right to access, rectify, erase, restrict processing, or port your personal data, as well as the right to object to processing, by contacting us at the address specified in our Privacy Policy. For users subject to the GDPR, you also have the right to lodge a complaint with a supervisory authority in your jurisdiction.

10. Confidential Information.

(a) Confidential Information. Client Information is strictly confidential and is for the sole intended use of contracting Lexyl group business at your hotel. If your hotel is not able to complete a contract with a group for any reason, the hotel is strictly prohibited from sharing the groups confidential contact information or referring our clients to any other hotels or organizations. Any attempts to use this confidential information outside of its intended use are strictly prohibited by law. If the hotel would like to refer the client to a partner or sister hotel for any reason, the hotel must be a registered user of the Lexyl system and must place a offer on the client's online group listing. Should a hotel refer a client to a hotel that is not a registered user of the Lexyl system without prior consent and actualizes business as a result, then the registered hotel must pay 10% referral fee on said business. If the non-registered hotel is unable, for any reason whatsoever, to track actualized business, then registered hotel must pay 10% referral fee on all requested business as found in the online client request for proposal.

(b) Management of Confidential Information. Each party agrees that: (i) all Confidential Information shall remain the exclusive property of the owner; (ii) it shall maintain, and shall cause its employees and agents and subcontractors to maintain, the confidentiality and secrecy of the other party's Confidential Information; (iii) it shall take all reasonable action necessary to ensure that its employees and agents do not copy, publish, manipulate, disclose to others or otherwise use the Confidential Information of the other party; and (iv) it shall return or destroy all copies of the other parties Confidential Information upon request of the other party, and indemnify and hold harmless the owner from and against all damages and expenses (including attorney fees and costs) arising from a breach of this provision. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that, subject only to applicable privacy laws, we may, if required by applicable securities laws or exchange listing rules, without notice to you disclose Confidential Information as required by such applicable law or exchange listing rule, as determined by us in our reasonable discretion.

(c) Exclusion to Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part the receiving party, (ii) is disclosed to third parties by the owner without restriction on such third parties, (iii) is in the receiving party's possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iv) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (v) is independently developed without access or reference to the disclosing party's Confidential Information, or (vi) is released from confidential treatment by written consent of the disclosing party.

11. No Warranty.

THE COMPANY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GROUPS.CHEAPTICKETS.COM, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

(a) Warranty Obligations for EU, EEA, and UK Consumers. The disclaimers in this Section 11 shall not apply to EU, EEA, or UK consumers to the extent they conflict with mandatory consumer protection laws. For such consumers, Lexyl warrants that it will perform its site and services with reasonable care and skill. This warranty applies solely to services provided directly by Lexyl (including the operation of the Site, processing of bookings, and provision of customer support) and does not extend to the quality, safety, suitability, or performance of accommodation, transportation, or other travel services provided by third-party suppliers, which are governed by the terms and conditions of the relevant supplier.

(b) Lexyl does not warrant that: (i) the Site or any digital service will be available on an uninterrupted, timely, secure, or error-free basis; (ii) information, content, or materials provided through the Site (including pricing, availability, property descriptions, photographs, ratings, reviews, and AI-generated content) will be accurate, complete, reliable, or current at all times; (iii) the Site will be compatible with all hardware, software, or internet connections; (iv) defects in the Site will be corrected within any particular timeframe; or (v) communications transmitted through the Site will be successfully delivered or received. These disclaimers do not limit Lexyl's obligation to perform its services with reasonable care and skill.

(c) Where Lexyl's services do not conform to the warranty of reasonable care and skill, you must notify Lexyl in writing within a reasonable period (and in any event within fourteen(14) days of becoming aware of the non-conformity) to allow Lexyl to investigate and remedy the issue. Upon receipt of such notification, Lexyl shall have the right and opportunity to bring its services into conformity within a reasonable time and without significant inconvenience to you, taking account of the nature of the services and the purpose for which you required them. A termination of the contract shall only be available where: (a) Lexyl has failed to bring the services into conformity within a reasonable time; (b) bringing the services into conformity is impossible or would impose disproportionate costs; or (c) the lack of conformity is so serious that it justifies termination.

(d) Lexyl's warranty obligations under this Section 11 apply to lack of conformity that exists at the time the relevant service is provided and that becomes apparent within the applicable statutory period under the mandatory laws of your country of habitual residence.

12. Liability Limit.

IN NO EVENT SHALL THE COMPANY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Lexyl arranges the services described on this Site, including without limitation lodging that is provided by the Property and/or Hoteliers, which are independent contractors and not the agents, employees, partners, or joint ventures of Lexyl. Lexyl provides a negotiation middleware for such group travel services merely for the convenience of companies that furnish such services. Such contractual negotiation services are subject to all terms and conditions of the respective suppliers (some of which may limit or exclude the supplier's liability). Lexyl shall not be responsible for any loss of or damage to property or death or injury to a person, resulting from any act or omission of any Accommodation Partners providing any product or service or any other person or entity, or caused by strike, war, weather, act of god, quarantine, sickness, government restriction or regulation, or any other cause beyond Lexyl’s control. Affiliate and Affiliate Customers expressly waives all rights he or she may have against Lexyl in connection with the foregoing. Under no circumstances is Lexyl to be construed as carriers under contract for safe carriage of the traveler or his or her baggage and belongings. It is understood and agreed that Lexyl shall at all times act in the capacity of any independent contractor and not as an employee, partner, agent, joint venture, or principal of any travel agent, group coordinator property, or hotel.

Notwithstanding the foregoing, nothing in this Agreement shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be limited or excluded by applicable law, including mandatory consumer protection laws of the European Union or its member states; (d) Lexyl’s willful misconduct; or (e) obligations arising under the EU Package Travel Directive (Directive (EU) 2015/2302) or its national implementing legislation, to the extent Lexyl acts as a package organiser of linked travel arrangements within the meaning of that Directive; or (f) obligations arising under the UK Package Travel and Linked Travel Arrangements Regulations 2018, to the extent applicable.

Limitation of Liability for EU, EEA, and UK Consumers. If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, the following limitations apply to the extent permitted by the mandatory laws of your country of habitual residence:

(i) Exclusion of Indirect and Consequential Losses. Subject to the non-excludable liabilities set forth above, Lexyl shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of enjoyment, loss of opportunity, or loss of anticipated savings, howsoever arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if Lexyl has been advised of the possibility of such damages.

(ii) Aggregate Liability Cap. Subject to the non-excludable liabilities set forth above, Lexyl’s total aggregate liability to you for any claim or series of connected claims arising out of or in connection with this Agreement, the Site, or the services provided hereunder shall not exceed the greater of: (A) three (3) times the total amount paid by you to Lexyl for the specific booking(s) giving rise to the claim; or (B) €2,500 (or the equivalent in GBP at the prevailing exchange rate for UK consumers). This cap applies per consumer, per event or series of connected events giving rise to a claim.

(iii) Intermediary vs. Organiser Liability. Where Lexyl acts solely as an intermediary between you and a third-party accommodation provider, airline, or other travel service supplier, Lexyl’s liability is limited to losses directly caused by Lexyl’s own failure to perform its intermediary obligations with reasonable care and skill. In such cases, Lexyl is not liable for the acts, omissions, or defaults of the third-party supplier, and any claims relating to the quality, safety, or performance of the accommodation or travel service should be directed to the relevant supplier. Where Lexyl acts as a package organiser within the meaning of the EU Package Travel Directive (Directive (EU) 2015/2302) or the UK Package Travel and Linked Travel Arrangements Regulations 2018, Lexyl’s liability for the performance of the package shall be determined in accordance with that Directive or those Regulations (as applicable) and the relevant national implementing legislation. In such cases, Lexyl may invoke the limitations of liability set out in applicable international conventions, including the Montreal Convention (air carriage), the Athens Convention (carriage by sea), and the Convention concerning International Carriage by Rail (COTIF), to the extent permitted by applicable law.

(iv) Duty to Mitigate. You have a duty to take reasonable steps to mitigate any loss or damage arising from any breach by Lexyl of its obligations under this Agreement or any failure in the services provided. Lexyl shall not be liable for any loss or damage that could have been avoided or reduced by your reasonable action, including by promptly notifying Lexyl of any issue and cooperating with Lexyl’s reasonable efforts to remedy the situation.

Limitation of Liability for All Other Users. For all users other than EU, EEA, and UK consumers (including Hotels, Travel Agents, Travel Services Vendors, Group Coordinators, Wholesalers, and consumers not resident in the EU, EEA, or UK), the limitation of liability set forth in the first paragraph of this Section 12 shall apply to the maximum extent permitted by applicable law, including the exclusion of all special, incidental, and consequential damages. Lexyl’s total aggregate liability to any such user shall not exceed the total amount paid by such user to Lexyl for the specific booking(s) giving rise to the claim, or $10,000 USD, whichever is less.

13. Indemnity.

You agree to defend, indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of this Agreement or the documents it incorporates by reference, (b) or your violation of these terms, any other site policies, any agreement between you and any Accommodation Service Provider booked through the site, or any law or the rights of a third party, (c) your access to, use of, or conduct in connection with our Site, (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) any claims made by any third parties that participate in any arrangements or services purchased through site.

Liability of EU, EEA, and UK Consumers for Wrongful Conduct. If you are a consumer resident in the EU, EEA, or UK, you acknowledge that you may be liable to Lexyl for direct losses, costs, and expenses (including reasonable legal fees actually incurred) that Lexyl suffers as a direct result of: (a) your fraud or intentional misrepresentation in connection with the Site or services; (b) your submission of content to the Site that infringes the intellectual property rights, privacy rights, or other legally protected rights of a third party; (c) your use of the Site or services for any purpose that is illegal under applicable law; or (d) your submission of content to the Site that is defamatory, threatening, or otherwise unlawful. Your liability under this provision shall be limited to losses that are a reasonably foreseeable consequence of the relevant act and shall not exceed the greater of: (A) the total amount paid by you to Lexyl in the twelve (12) months preceding the event giving rise to the claim; or (B) €1,000 (or the GBP equivalent for UK consumers). Lexyl shall take reasonable steps to mitigate any losses for which it seeks recovery under this provision and shall notify you promptly upon becoming aware of any third-party claim to which this provision may apply. Nothing in this provision shall require you to assume the defense of any claim or proceeding on Lexyl's behalf. This provision does not limit any rights or remedies available to Lexyl under applicable law for your fraudulent or criminal conduct, for which statutory remedies shall apply without contractual limitation.

14. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, or listing of groups.

15. Governing Law.

This Agreement and the transactions it contemplates shall be governed, interpreted, construed, enforced and performed in accordance with the Laws of the State of Florida, without regard to conflicts of laws principles. For consumers resident in the EU, EEA, or UK, this choice of law shall not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence that cannot be derogated from by agreement. Where the laws of the State of Florida afford you greater protection on a particular matter than the mandatory laws of your habitual residence, you shall have the benefit of the more protective provision.

16. Forum for Judicial Actions.

Arbitration and Dispute Resolution. You on the one hand and Lexyl and the Vendor on the other hand, each agree that any and all disputes, controversies, or claims arising out of or relating to: (a) these terms; (b) your use of, or access to, the site; or (c) Lexyl’s and/or our Vendor’s booking services; shall be resolved exclusively through final and binding arbitration in Palm Beach County, Florida, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Prior to commencing any arbitration related to these terms, you agree that if you have a dispute with Lexyl or the Vendor, you must first contact our Customer Service Department at contactus {at} lexyl.com. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify us in writing about your claim by sending the accompanying form by certified mail to: Lexyl Travel Technologies, LLC, 11780 U.S. Highway One, Suite N600, Palm Beach Gardens, FL 33408. It is important that you provide as much information as possible. If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the JAMS Mediation, Arbitration and ADR Services ("JAMS"). You further agree that exclusive jurisdiction for any such arbitration shall be Palm Beach County, Florida. The Demand for Arbitration and the JAM’s rules are available at www.jamsadr.com.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these terms, including, but not limited to, any claim that all or any part of these terms, including this agreement to arbitrate is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Florida. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.

You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within thirty (30) days of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Lexyl or our Vendor through arbitration. Written notification should be mailed by certified mail to: Lexyl Travel Technologies, LLC, 11780 U.S. Highway One, Suite N600, Palm Beach Gardens, FL 33408.

YOU ON THE ONE HAND AND LEXYL AND/OR THE VENDOR ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND LEXYL AND/OR THE VENDOR (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU, LEXYL, AND THE VENDOR COLLECTIVELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS's rules, unless otherwise stated in this agreement to arbitrate as set forth in these Terms. Lexyl may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration and/or mediation shall be administered by the JAMS located in 2500 N. Military Trail Suite 200 Boca Raton, FL 33431 USA in accordance with their applicable rules, and the arbitrator and/or mediator to be selected by Lexyl. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to be responsible for Lexyl’s attorneys’ fees and, costs, including any costs associated with arbitration and/or mediation. Any judgment on the award rendered by the arbitrator or mediator may be entered in any court having jurisdiction thereof.

For consumers resident in the European Union, the European Economic Area, or the United Kingdom: a) You are encouraged but not required to submit disputes to arbitration. If you elect to arbitrate, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce (ICC), by a sole arbitrator appointed in accordance with the ICC Rules, conducted in English, with the seat of arbitration in London, United Kingdom or Paris, France (at the election of the consumer). Nothing in this Agreement shall prevent you from bringing proceedings in the courts of your country of habitual residence; however, prior to initiating any formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days. EU consumers may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. If you agree to submit a specific dispute to arbitration after the dispute has arisen, such agreement shall be binding on both parties.

17. Injunctive Relief.

If you breach or threaten breach of these terms or any other site policies, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of any other provision of these terms relating to governing law, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.

18. Responsibility and Limitation of Liability.

groups.cheaptickets.com arranges the services described on this site, including without limitation lodging that is provided by Hoteliers, which are independent contractors and not the agents, employees, partners, or joint ventures of The Company. Lexyl Travel Technologies, LLC provides a negotiation venue for such group travel services merely for the convenience of companies that furnish such services. Such contractual negotiation services are subject to all terms and conditions of the respective suppliers (some of which may limit or exclude the supplier's liability). Lexyl Travel Technologies, LLC shall not be responsible for any loss of or damage to property or death or injury to a person, resulting from any act or omission of any supplier providing any product or service or any other person or entity, or caused by strike, war, weather, act of god, quarantine, sickness, government restriction or regulation, or any other cause beyond groups.cheaptickets.com's control. Traveler expressly waives all rights he or she may have against groups.cheaptickets.com in connection with the foregoing. Under no circumstances is Lexyl to be construed as carriers under contract for safe carriage of the traveler or his or her baggage and belongings. It is understood and agreed that Lexyl shall at all times act in the capacity of any independent contractor and not as an employee, partner, agent, joint venture, or principal of any travel agent, group coordinator or hotel.

Neither groups.cheaptickets.com or cooperating organizations shall be responsible for any cancellations or for acts of any other service providers, diversions or substitution of hotels, or any other persons providing any of the services and accommodations to passengers. Nor shall they be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from any act, error, omission, default or negligence of any person not a direct employee of groups.cheaptickets.com. The carriers, hotels and other suppliers who provide services are independent contractors and are not agents, employees or servants of Lexyl Travel Technologies, LLC. Lexyl Travel Technologies, LLC are not responsible for any criminal conduct by third parties. In no event shall Lexyl Travel Technologies, LLC have any liability to any person or entity.

Lexyl Travel Technologies, LLC makes no warranties, guarantees or representation of any kind or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose, or any implied warranty arising from course of performance, course of dealing, or usage of trade.

19. General Provisions.

(a) The Company does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision contained in these terms is declared, in whole or in part, invalid or inapplicable under applicable law, (1) the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, and (2) all other terms of these terms will be unaffected and will remain in force and effect.

(b) We shall not be deemed in default or otherwise liable under these terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, (including, without limitation, any ongoing effects of Covid-19) disease, government-mandated shut-down, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our direct control.

(c) The rebate estimate in your bid comments is based on the full/total amount of rooms requested at the specific hotel bid amount. The rebate will only be honored for actualized/consumed and documented rooms. Rebate may fluctuate based on actualized hotel room nights booked or documentation in the form of receipts or confirmed group list. Travel Agents are not eligible for rebates.

(d) Every effort is made to ensure website accuracy at the time of publication; however, Lexyl cannot be held responsible for printing or typographical errors, product changes and content changes on websites.

(e) Hotels may not have the appropriate special services and equipment to accommodate all individuals with disabilities or special needs. Those requiring guaranteed accommodations for those with disabilities or special needs are advised to communicate directly with the hotel.

(f) There may be an extra person charge if the room type booked does not accommodate the amount of people or your party may be required to cancel and rebook to a bigger room, at a different rate than previously booked. Free rooms for group coordinators applies to participating hotels only and required group size may vary among hotels.

(g) All group contracts must be done with Lexyl or the client directly. If contracting is done with the client directly, Lexyl must be copied on all contracting communications.

(h) For automatic bids, groups of 5 rooms per night or more are subject to availability and may have special cancellation policies. Rates and availability are subject to change without notice.

(i) Any party using the Lexyl system in a fraudulent manner will be subject to a $10,000 USD fine. This fraud includes but is not limited to false booking request, bait and switch pricing techniques, or false user information of any kind. Violators will be prosecuted to full extent of the law.

(j) The website, including these Terms and Conditions, represents the entire agreement between the travel agent, Group Coordinators, Wholesalers, the Individual Booking Party, the Hotels, any other Travel Services Vendors and Lexyl Travel Technologies, LLC.

20. Credit Card Chargebacks.

You, the User, have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Lexyl prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us. Lexyl will work with you in resolving your concerns. Lexyl retains the right to dispute any chargeback that it believes is improper, as described more fully below. Lexyl also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.

By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. In all cases, the cancellation policy of each reservation is made available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. Lexyl deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User:

(a) Chargebacks resulting from non-cancellable reservations in the event that Lexyl or the Supplier cannot provide a refund, whether or not the reservation is used;

(b) Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card;

(c) Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description;

(d) Chargebacks resulting from force majeure or other circumstances that are beyond the control of Lexyl or its subsidiaries.

21. No Agency.

You and groups.cheaptickets.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

22. Tax Recovery Charge.

The tax charge on Pay Now hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we collect from customers and pay our vendors (such as hotels, etc.) in connection with our customers' purchasers. We are not the vendor collecting and remitting such tax to the applicable tax authorities. The vendors bill us for applicable taxes and we remit such amounts directly to our vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customers' travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual amount paid to a vendor may vary from the tax recovery charge, depending upon the rates, taxability or other factors in effect at the time of the actual use of a given travel service by our customers. We do not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon, as these states do not impose a sales tax. Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax collected by a vendor will vary by service and location. We use third party distribution channels for individual reservations.

23. Pay Now Online or Pay Later At Property Details.

With certain properties, you may be presented with the option to pay online immediately or to pay later at the property itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. If you select to pay later at the property itself, the property will charge you in the local currency of the relevant property at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or Lexyl will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Lexyl reserves the right to cancel your booking if full payment is not received in a timely fashion. All prepaid hotel bookings staying at accommodations in the United States of America are purchased as part of a package with the Global Privileges club.

Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

24. Prices.

The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Lexyl’s best efforts, some of the travel services listed on the website may be incorrectly priced. LEXYL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Lexyl is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking

You acknowledge that Lexyl pre-negotiates certain room rates with property suppliers to service the booking of reservations. You also acknowledge that Lexyl provides you services to support such booking of reservations for a consideration (the "service fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Lexyl, and the service fee retained by Lexyl for their services. You authorize Lexyl to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Lexyl services. You agree that your credit card will be charged by Lexyl for the total reservation price. Upon submitting your reservation request you authorize Lexyl to service property reservations on your behalf, including making payment arrangements with property suppliers.

25. Cancellations and/or Refunds.

You agree to be bound by the cancellation terms imposed by each reservation. If such reservations cancelled are non-refundable bookings, Lexyl will honor your request for a refund if full waiver is obtained , but reserves the right to charge you 3% transaction fee for the cancelled reservations. In addition, Lexyl com may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Lexyl reserves the right to take any necessary legal action and you may be liable for monetary losses to Lexyl, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

(a) A clear identification of the copyrighted work you claim was infringed.

(b) A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.

(c) Your address, email address and telephone number.

(d) A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

(e) A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

(f) A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to copyright {at} lexyl.com, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by mail at: Lexyl Travel Technologies LLC, 11780 U.S. Highway One, Suite N600, Palm Beach Gardens, FL 33408 US

28. Artificial Intelligence.

(a) Scope of AI Services. This site and services may utilize artificial intelligence (“AI”) technology, including but not limited to AI-powered voice representatives, chatbots, virtual assistants, and automated decision-support tools (collectively, “AI Systems”), to enhance your travel experience. AI Systems may be deployed for the following purposes:

(i) Travel recommendations and destination suggestions;

(ii) Customer service chatbots and virtual assistants, including text-based and voice-based interactions;

(iii) AI-powered voice representatives for inbound and outbound telephone communications related to bookings, reservations, customer inquiries, and account management;

(iv) Frequently asked questions (“FAQ”) responses and general travel information;

(v) Sales assistance and booking support;

(vi) Personalized travel itinerary creation;

(vii) Automated booking confirmations, reminders, and transactional communications; and

(viii) Fraud detection and account security monitoring.

(b) AI Disclosure and Transparency. When you interact with an AI System, including AI-powered voice representatives, you will be informed at the outset of the interaction that you are communicating with an AI system and not a human being. This disclosure will be provided in a clear and conspicuous manner, including by verbal announcement at the beginning of any AI voice interaction and by written notice in any text-based AI interaction. For AI voice representatives, the disclosure shall include: (i) identification that the caller or respondent is an AI-powered system; (ii) the name of the entity on whose behalf the AI System is operating (i.e., HotelPlanner.com or Lexyl Travel Technologies, LLC); and (iii) the purpose of the interaction. Where required by applicable law, including the EU AI Act (Regulation (EU) 2024/1689), additional transparency disclosures will be provided.

(c) Consent for AI Voice Communications. By providing your telephone number and using our services, you consent to receive AI-generated voice communications from HotelPlanner.com or Lexyl Travel Technologies, LLC for transactional and informational purposes related to your bookings, reservations, and account, including but not limited to booking confirmations, schedule changes, check-in reminders, and customer service follow-ups. For marketing or promotional AI voice communications, we will obtain your prior express written consent as required by the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and the Federal Communications Commission’s (“FCC”) implementing regulations. AI-generated voice calls are treated as “artificial or prerecorded voice” calls under the TCPA pursuant to the FCC’s Declaratory Ruling of February 8, 2024. You acknowledge that: (i) AI voice calls made on behalf of HotelPlanner.com utilize artificial intelligence technology to generate or assist in generating voice content; (ii) your consent to receive such calls may be revoked at any time through any reasonable means, including by stating “stop” during any call, by texting “STOP,” or by contacting customer service; and (iii) consent is not a condition of purchasing any goods or services.

(d) Right to Human Assistance. At any point during an interaction with an AI System, you may request to be transferred to a human representative. We will make commercially reasonable efforts to transfer you to an available human agent promptly. For AI voice interactions, you may request a transfer by stating “transfer me,” “human agent,” “operator,” or similar language. For text-based AI interactions, you may type “human” or “agent” to initiate a transfer. We will not require you to interact exclusively with AI Systems to access our services, and critical functions including cancellations, refund requests, complaints, and dispute resolution will have human agent access available during normal business hours.

(e) Call Recording and Voice Data. AI voice interactions may be recorded for quality assurance, training, compliance, and dispute resolution purposes. By engaging in an AI voice interaction, you consent to the recording of that interaction to the extent permitted by applicable law. In jurisdictions that require all-party consent for call recording (including but not limited to California, Florida, Illinois, Pennsylvania, Washington, and other “two-party consent” states), a disclosure and consent prompt will be provided at the beginning of each call. You have the right to decline recording; if you decline, you may be transferred to a non-recorded channel or a human representative. Voice recordings will be retained for a period no longer than ninety (90) days unless a longer retention period is required by applicable law, regulation, or an ongoing legal proceeding. Voice recordings shall not be used to create voiceprints or biometric identifiers without your separate explicit consent as required by applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, and similar state laws.

(e) Call Recording and Voice Data. AI voice interactions may be recorded for quality assurance, training, compliance, and dispute resolution purposes. By engaging in an AI voice interaction, you consent to the recording of that interaction to the extent permitted by applicable law. In jurisdictions that require all-party consent for call recording (including but not limited to California, Florida, Illinois, Pennsylvania, Washington, and other “two-party consent” states), a disclosure and consent prompt will be provided at the beginning of each call. You have the right to decline recording; if you decline, you may be transferred to a non-recorded channel or a human representative. Voice recordings will be retained for a period no longer than ninety (90) days unless a longer retention period is required by applicable law, regulation, or an ongoing legal proceeding. Voice recordings shall not be used to create voiceprints or biometric identifiers without your separate explicit consent as required by applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, and similar state laws.

(f) AI-Generated Content. All AI-generated content, including but not limited to itineraries, recommendations, travel descriptions, photographs, videos, and communications, is owned by the Company. Users are granted a limited, non-exclusive, non-transferable license to use AI-generated content for personal, non-commercial purposes only. Any unauthorized use, reproduction, or distribution of AI-generated content is strictly prohibited and may result in legal action.

While we strive to provide accurate and useful information, AI-generated content is based on algorithms and machine learning models and may not always reflect the most current, accurate, or complete information. AI Systems may produce errors, omissions, or outdated content (“hallucinations”). All information and content generated by AI Systems are provided on an “as-is” and “as-available” basis. We make no representations or warranties of any kind, express orimplied, as to the relevancy, accuracy, completeness, or reliability of AI-generated content. By using our site and services, you acknowledge and agree that any reliance on AI-generated content is at your own risk. To the maximum extent permitted by law and subject to the exceptions and limitations in this Agreement, we disclaim all liability for any loss or damage arising from the use of our AI Systems or AI-generated content.

You should independently verify all material information, including pricing, availability, travel requirements, visa/passport requirements, health advisories, and safety conditions before making travel decisions. AI-generated recommendations do not constitute professional travel advice, legal advice, medical advice, or financial advice.

(g) AI Data Processing. When you interact with our AI Systems, we may collect and process the following categories of data: (i) the content of your communications with AI Systems (text, voice, or other inputs); (ii) metadata related to your interactions (timestamps, duration, device information); (iii) information you voluntarily provide during AI interactions (travel preferences, booking details, contact information); and (iv) inferences generated by AI Systems based on your interactions. This data is processed for the purposes of providing and improving our services, personalizing your experience, ensuring security, and complying with legal obligations. For detailed information about our data practices, please review our Privacy Policy.

For users subject to the General Data Protection Regulation (GDPR), our lawful bases for processing AI interaction data include: (i) performance of a contract (for transactional AI interactions); (ii) legitimate interests (for service improvement and security); and (iii) consent (for marketing and personalization, where required). You may exercise your rights under the GDPR, including the right to access, rectification, erasure, restriction, portability, and objection, by contacting us as described in our Privacy Policy. You also have the right under GDPR Article 22 not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Where such automated decision-making occurs, you have the right to obtain human intervention, express your point of view, and contest the decision.

(h) Prohibited Uses of AI Systems. You shall not: (i) attempt to reverse-engineer, extract, or copy the algorithms, models, or training data underlying our AI Systems; (ii) use our AI Systems to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; (iii) attempt to manipulate or exploit AI Systems through prompt injection, jailbreaking, or similar techniques; (iv) use AI Systems to impersonate any person or entity; (v) introduce malicious inputs designed to corrupt, deceive, or disable AI Systems; or (vi) use AI Systems for any purpose that violates applicable law, including but not limited to intellectual property infringement, fraud, or discrimination.

(i) Limitations of AI Systems. Our AI Systems are designed to assist with travel planning and booking but are not a substitute for professional advice. AI Systems may: (i) provide outdated or inaccurate pricing, availability, or travel information; (ii) fail to account for individual circumstances, health conditions, or accessibility needs; (iii) be unavailable due to technical issues, maintenance, or system failures; and (iv) have limited ability to process complex, multi-faceted requests. The Company reserves the right to modify, suspend, or discontinue any AI System or feature at any time without prior notice and without liability. AI-generated booking quotes and estimated pricing are not binding until confirmed by a signed contract between the relevant parties.

(j) Regulatory Compliance. The Company is committed to complying with applicable AI regulations, including but not limited to: (i) the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), including transparency obligations under Article 50; (ii) the Telephone Consumer Protection Act (TCPA) and FCC regulations governing AI-generated voice communications; (iii) state-level AI disclosure and consumer protection laws, including but not limited to the California Bot Disclosure Law (SB 1001), the California Companion Chatbot Law (SB 243), the Maine Chatbot Disclosure Act, the Utah Artificial Intelligence Policy Act, the New York AI Companion Law, and the Colorado AI Act; (iv) the General Data Protection Regulation (GDPR) as applicable to AI data processing; and (v) applicable biometric privacy laws governing voice data. The Company will update its AI practices and disclosures as regulatory requirements evolve. For more information about how we process your personal information when utilizing AI and how you can exercise your rights, please review our Privacy Policy.

29. International Users and Cross-Border Data Transfers.

Our services are accessible to users worldwide. If you are accessing our Site or services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated.

(a) European Economic Area, United Kingdom, and Swiss Users. If you are located in the European Economic Area (“EEA”), United Kingdom, or Switzerland, your personal data is transferred to the United States pursuant to appropriate safeguards, including the EU-U.S. Data Privacy Framework, UK Extension, and/or Standard Contractual Clauses approved by the European Commission (Commission Implementing Decision (EU) 2021/914). You have the right to obtain a copy of the applicable transfer mechanism by contacting us at the address in our Privacy Policy.

(b) Consumer Rights. To the extent that you are a consumer in a jurisdiction that provides mandatory consumer protections that cannot be waived by contract, including but not limited to the European Union, the European Economic Area, the United Kingdom, Australia, or Canada, nothing in this Agreement shall limit your statutory rights under such mandatory consumer protection laws. In the event of a conflict between this Agreement and any mandatory consumer protection law applicable to you, the mandatory law shall prevail to the extent of the inconsistency.

(c) Language. These Terms of Use are drafted in English. To the extent any translation is provided, the English language version shall control in the event of any conflict or discrepancy, except where prohibited by applicable law.

30. Accessibility.

Lexyl is committed to ensuring that our Site, services, and AI Systems are accessible to all users, including those with disabilities. We strive to comply with the Americans with Disabilities Act (“ADA”), Section 508 of the Rehabilitation Act, and the European Accessibility Act (Directive (EU) 2019/882), as applicable. If you experience any difficulty accessing our Site or services, or if you require an accessibility accommodation when interacting with our AI Systems, please contact our 24/7 Customer Call Center at +1-800-760-7718 or email us at [email protected]. We will make commercially reasonable efforts to provide accessible alternatives, including access to human representatives for users who are unable to interact with AI Systems due to a disability.

31. Cookies and Tracking Technologies.

Our Site uses cookies and similar tracking technologies to provide, protect, and improve our services. For detailed information about the types of cookies we use, the purposes for which we use them, and how you can manage your cookie preferences, please refer to our Cookie Policy. For users in the European Union and EEA, we obtain your consent before placing non-essential cookies on your device, in compliance with the ePrivacy Directive (Directive 2002/58/EC) and applicable national implementing legislation.

32. Severability and Survival.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect. The provisions of Sections 10 (Confidential Information), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 28 (Artificial Intelligence), and 29 (International Users) shall survive termination or expiration of this Agreement.