Terms and Conditions

Website and Mobile Phone Application Terms and Conditions

As a condition of using the Elite Plus Concierge, LLC (“EPC”) website and/or mobile phone application (“Website and/or App”), a person must first consent to the Terms and Conditions (“T&C”) herein, as updated from time to time, at EPC’s discretion.

I. Recitals

Use of the Website and/or App is contingent upon entering into a contractual relationship with EPC. A person may enter into a contractual relationship directly with EPC or a person may be a member of a Closed Group as defined herein and the Closed Group entered into a contractual relationship with EPC and designated you as a Closed Group User as defined herein.
If you were designated as a Closed Group User by your organization then your use of the Website and/or App is contingent upon remaining a member of the Closed User Group or entering into a new contract directly with EPC.
“Closed Group” shall have the following definition: group of individuals or companies identified in writing by a specific organization in agreement with EPC that can access exclusive rates and deals on travel products and services.
“Closed Group User” shall have the following definition: employees of an organization in agreement with EPC or other persons identified by such an organization in a writing provided to EPC.
“Individual Client” shall have the following definition: A person who is not a Closed Group User and entered into a contractual relationship directly with EPC by entering into one or more agreements. Any agreements creating this contractual relationship may be written or unwritten.
Closed Group Users are bound by Part II of the T&C and are not bound by the of Part III of the T&C.
Individual Clients are bound by Part III of the T&C and are not bound by Part II of the T&C.
All users of the Website and/or App are bound by Part IV of this Agreement whether classified a Closed Group User or an Individual Client

II. Service Agreement for Closed Group Users

You or your organization and EPC entered into a certain Logistics and Related Services Agreement (“Logistics Agreement”). The Logistics Agreement is in existence at the time of entering into this Agreement. The Logistics Agreement controls in any dispute and is not abrogated or modified by the T&C. If any term or clause herein conflicts with the Logistics Agreement, the Logistics Agreement shall be given full authority and the conflicting term or clause herein shall be struck.
If you are a Closed Group User, you have a right to view and be informed of the Logistics Agreement. Ask your organization to provide you a copy. Use of the Website and/or App is your ratification of the terms of the Logistics Agreement.
You agree:

a. You will only use Our Service for personal purposes and, if applicable, as an authorized member of the Closed Group of your organization.

b. You must be at least 18 years of age and have the legal authority and legal capacity to enter into contracts.

c. You will use Our Service lawfully and in compliance with the T&C and the Logistics Agreement.

d. If you book on behalf of others:

i. If a Closed Group User, you will obtain your organization’s consent to use Our Service to book on behalf of a person other than yourself.

ii. You will obtain the other person’s authorization prior to acting on their behalf.

iii. You will inform the person about the T&C and the Logistics Agreement and ensure they agree to such terms.

iv. You are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the use of Our Service.

v. You assume liability in contract and tort for the actions of the other person while they are using the Website and/or App or Our Service.

vi. You shall not charge the person any fee for using Our Service.

III. Service Agreement for Individual Clients

EPC granted you access to the Website and/or App pursuant to agreements, whether written or unwritten, which shall take precedence over the T&C. Use of the Website and/or App is contingent upon your contractual relationship with EPC. At anytime EPC may restrict your access to the Website and/or App.
Nothing in the T&C shall modify or abrogate the agreements you entered into with EPC. If any term or clause herein conflicts with a pre-existing agreement, the pre- existing agreement shall be given full authority and the conflicting term or clause herein shall be struck.
Your use of the Website and/or App is a restatement and ratification of the pre-existing agreements to which you are a party and in the absence thereof you would not have access to the Website and/or App.
You agree:

a. You will only use Our Service for personal purposes.

b. You must be at least 18 years of age and have the legal authority and legal capacity to enter into contracts.

c. You will use Our Service lawfully and in compliance with the T&C and pre- existing agreements between you and EPC.

d. If you book on behalf of others:

i. You will obtain the other person’s authorization prior to acting on their behalf.

ii. You will inform the person about the T&C and any pre-existing agreements between you and EPC and ensure they agree to such terms.

iii. You are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the use of Our Service.

iv. You assume liability in contract and tort for the actions of the other person while they are using the Website and/or App or Our Service.

v. You shall not charge the person any fee for using Our Service.

IV. Generally Applicable Terms

“Our Service” refers to providing you access to the Website and/or App and all functions in the Website and/or App that are at your disposal.
“Travel Services” refers to the arrangements made available to you through the Website and/or App such as stays at a hotel, flights, car services, etc.
“Travel Provider” refers to the supplier of Travel Services (i.e. hotel, airline, driver, etc.).
As well as the T&C, other terms and conditions provided by Travel Providers (such as an airline’s conditions of carriage, a hotel’s terms and conditions, or a car rental company’s rental agreement, etc.) also apply to your booking and will be provided to you by the Travel Provider. EPC is not a party to any contract entered into between you and a Travel Provider.
If you violate a Travel Provider's term and/or condition, your booking may be cancelled and you may be denied access to the relevant Travel Service. You may also lose any money paid for such booking and EPC or the Travel Provider may debit your account for any costs incurred as a result of such violation.
EPC provides Our Service to help you find information about Travel Services and to assist you in booking those Travel Services directly with the Travel Provider. It is provided to you for no other purpose.
Access: We may deny anyone access to Our Service at any time for any valid reason.
TO THE GREATEST EXTENT PERMITTED BY LAW, EPC WILL NOT BE LIABLE FOR TRAVEL SERVICES PROVIDED TO YOU BY TRAVEL PROVIDERS OR FOR ACTS AND OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY TRAVEL PROVIDER.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EPC FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES OR EXPENSES WHICH MAY ARISE, IN WHOLE OR IN PART, OUT OF A MATERIAL BREACH BY YOU OF YOUR OBLIGATIONS UNDER THIS AGREEMENT AND/OR YOUR OBLIGATIONS UNDER AGREEMENTS WITH TRAVEL PROVIDERS. YOU SHALL INDEMNIFY, DEFEND AND HOLD EPC HARMLESS FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE INCURRED BY EPC IN DEFENDING OR RESPONDING TO ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT AND TRANSACTIONS CONTEMPLATED HEREIN. EPC IS EXPRESSLY HELD HARMLESS TO THE EXTENT 3RD PARTIES NOT UNDER THE CONTROL OF EPC CAUSE DAMAGE TO YOU. EPC SHALL NOT BE LIABLE TO YOU FOR THIRD-PARTY ACTIONS INCLUDING INJURIES OR PECUNIARY DAMAGES CAUSED BY THE ACTIONS OR NEGLIGENCE OF THIRD PARTIES.
Attorney’s Fees and Judgment Interest Rate. In a legal dispute between the parties, the losing party shall pay the reasonable and necessary legal fees of the winning party. The judgment interest rate shall be set at FIFTEEN PERCENT (15%). Judgment interest rate shall apply to pre- and post-judgment interest.
GOVERNING LAW; JURISDICTION. This Agreement and the legal relationship between the parties hereto shall be governed by and construed in accordance with the internal laws of the state of Texas without giving effect to the conflicts of law principles thereof. The parties agree that any controversy or claim arising out of or relating to this Agreement, or a breach hereof, shall be litigated only in the appropriate courts of Parker County, Texas.
WAIVER. No waiver of any term or condition of this Agreement will be construed as a waiver of any other term or condition, nor will any waiver of any default under this Agreement be construed as a waiver of any subsequent default.
SEVERABILITY. If any provision of this Agreement, or any portion thereof, is found to be invalid or unenforceable, such determination shall not impact the validity or enforcement of any other provision, or any other valid sub-provisions, of this Agreement.
Authority. You represent and warrant to EPC you are authorized to use Our Service because you are a member of the Closed Group designated by your organization or you are an individual client as defined herein and you have authority to bind yourself as well as any other person using the Travel Services.
No Oral Modification. Modification of this contract is only effective if it is contained in a writing.
No signature required to make T&C Binding. Your signature on this agreement is not required. Your use of the Website and/or App is your consent to be bound by the terms herein. EPC provides the Website and/or App to you for convenience only. If you do not agree to the T&C, then alert EPC and your organization (if applicable) and do not use the Website and/or App.