These VacationVIP Terms and Conditions (the "Terms and Conditions") set forth a legally binding agreement between VacationVIP ("VVIP") and each VVIP purchaser who enrolls as into the subscription membership, and/or purchases products and services through VVIP (“Purchaser” “Subscriber” “Member” “Traveler” “Passenger” “Redeemer” “You”). Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through VVIP ("Provider Terms"). By purchasing products and services through VVIP, Purchaser acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms, which are incorporated herein and Purchaser accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”). Additionally, Purchaser agrees that it is Purchaser’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through VVIP of the contents of these Terms and Conditions and all applicable Provider Terms.
VACATIONVIP BENEFITS AND SERVICES PROVIDED THROUGH THE SUBSCRIPTION ARE ONLY AVAILABLE TO CURRENT RESIDENTS OF THE UNITED STATES AND CANADA AT THIS TIME.
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
VVIP purchases, benefits and transactions may be administered and fulfilled by VVIP or other third party vendors. VVIP is a registered seller of travel in the following states: Florida #ST-40965 and California #CST 2133740-50. Registration as Seller of Travel does not constitute approval by the State of California.
VVIP is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. VVIP maintains a Consumer Protection Bond issued by Philadelphia Indemnity Insurance company in the amount of $25,000.00
Correspondence, including tickets and confirmations, will originate from VVIP for Featured Offers purchased directly through VVIP. Other purchases such as hotel, car rental, cruises and activities from third party vendors for both the deposit and any subsequent payments including any booking fees for transactions will be identified during the travel purchase.
The online booking engine technology is a service provided exclusively by and is the sole property of the Hotel Website Administrator (Administrator). Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as Suppliers. Administrator retains all rights to display Supplier's content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks.
Travel insurance plans are sold through VacationGuard® and administered by Berkshire Hathaway Travel Protection (BHTP), one of the world’s most trusted travel-insurance brands.. Plans are available to residents of the U.S. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. This notice provides general information on VacationGuard®'s products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
PROVISION OF INFORMATION
Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party providers. While VVIP makes reasonable efforts to ensure that this information is accurate and complete, VVIP expressly disclaims liability for inaccurate, incomplete, or misleading information.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These Terms and Conditions are subject to change at the discretion of VVIP without prior notice. By purchasing products and services through VVIP, Purchaser acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.
NO COMMERCIAL USE
VVIP purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Failure to adhere to this limitation will result in the termination of website access benefits, the cancellation of all unredeemed certificates, and the retention of all payments made by Purchaser up until such prohibited use is discovered by VVIP.
Purchaser and VVIP are dealing at arms' length, creating a commercial relationship. VVIP is not the Purchaser’s agent or Purchaser’s fiduciary. By purchasing products and services through VVIP, Purchaser acknowledges and agrees that no such agent or fiduciary relationship exists between Purchaser and VVIP. VVIP is acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by VVIP.
All products and services offered through VVIP (including travel products such as cruise, resort, hotel, air and ground transportation, tours, etc.) are available for purchase through VVIP by VVIP account holders only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through VVIP.
Purchaser may initially be awarded travel credits, also known as TripCash, (“travel credits”) upon VVIP account activation, and subsequently when making qualifying purchases through VVIP. travel credits will be credited to your VVIP account and may be redeemed as a partial payment for subsequent VVIP purchases. To be awarded or to redeem travel credits, Purchaser must maintain an active VVIP account.
Earning travel credits. Purchaser may be awarded an initial amount of travel credits upon VVIP account activation, and additional travel credits may be awarded on qualifying travel transactions through VVIP. The travel credits award amount is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. travel credits award amount will vary at VVIP’s sole discretion. travel credits awarded on travel transactions will be applied to the available balance in Purchasers VVIP account within seven (7) to ten (10) business days following the travel departure date indicated on the reservation confirmation. The amount of travel credits awarded per transaction, including minimums and maximums, are subject to change at the sole discretion of VVIP, and without prior notice. Other restrictions may apply.
Redeeming travel credits. Travel credits have no actual cash value, but may redeemed as a form of partial payment, at time of checkout, on the net amount of select travel or VVIP transaction, whether purchased online or offline. travel credits may not be redeemed toward payment for any taxes, fees, travel insurance, shipping or handling charges. Each VVIP product and service specifies the amount of travel credits that may be applied as a form of partial payment in the description of the product or service. Purchaser may redeem as many travel credits as Purchaser has available in Purchaser’s VVIP account up to the amount specified for any particular product or service. travel credits may only be redeemed by the primary account holder(s) listed on the VVIP account, upon verification of the VVIP account information by a VVIP representative. Earnings, redemption options and schedules are available online through VVIP. or by calling VVIP customer service. travel credits redemptions may not be combined with any other discount or promotion.
Purchase Cancellations. If the purchase of a VVIP product or service is cancelled without penalty, any travel credits redeemed to purchase that product or service may be refunded to the Purchaser’s VVIP account. If cancellation of a product or service using travel credits occurs within penalty, travel credits will be the last funds applied against penalty. If any portion of travel credits remains after penalty it may be refunded directly into the Purchasers VVIP account. If for any reason travel credits are applied to a travel booking after booking has been made and a cancellation of the travel booking becomes necessary, travel credits may be refunded to the Purchaser’s VVIP account only after all applicable provider penalties have been paid by the Purchaser. Upon cancellation or refund of a VVIP product or service, travel credits awarded may be withdrawn at VVIP’ sole discretion.
Limitations, Variations, and Inactivity. The usage of travel credits for redemption, including minimums and maximums, are subject to change at the discretion of VVIP, and without prior notice to Purchaser. VVIP accounts with travel credits balance of less than $50 that have not had any online or offline activity for two years may be closed at the sole discretion of VVIP. VVIP account may be suspended if Purchaser does not remain in good standing with the VVIP account. VVIP may impose a reasonable fee for reinstatement or reactivation. travel credits may not be used to pay reinstatement or reactivation fees. VVIP reserves the right to cancel or withdraw all travel credits in a Purchaser’s VVIP account if the member does not remain in good standing with the VVIP account for ninety (90) days or more.
Expiration and Termination. Unredeemed travel credits expire within twelve (12) months of issuance and/or upon termination of Purchaser’s VVIP account or any renewal thereof. travel credits have no cash value and are not transferable.
Customer Service. Please contact VVIP customer service for any travel credits questions.
PRICES AND RATES
The price or rate of products and services listed for each product or service is based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product prices or rates are based on space availability and subject to change without notice. Additional fees may apply. Special prices or rates may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices or rates and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to Purchaser, and Purchaser agrees to such increase, unless otherwise stated in the terms and conditions of the individual transaction.
TRANSACTION FEES; CERTIFICATE REDEMPTION
a. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of VVIP without prior notice.
b. A Call Center Fee may be charged per booking for car and hotel when you call into VVIP to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of VVIP.
c. Depending on the type of Subscription Enrollment the redemption of certificates, as applicable, may be limited until certain monthly Subscription Fees have been paid as detailed on the Enrollment under Certificate Redemption Limitations, as applicable.
d. Any Certificates issued to you as part of a Subscription enrollment, or otherwise, may require a redemption fee that will be charged when booking the respective travel. The redemption fee may vary from time to time in the sole discretion of VVIP. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
All fees and charges are stated and payable in United States Dollars (USD).
VVIP products and services may be purchased with any valid credit card. Purchaser may purchase products or services with a debit card that displays a Visa or MasterCard logo. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with your credit card or debit card transaction, VVIP will make reasonable efforts to contact Purchaser, but VVIP reserves the right (without refund or credit) to cancel a confirmed booking if payment is denied by Purchaser’s financial institution. Purchaser will be responsible for any travel provider penalties assessed due to a payment being rejected by Purchaser’s financial institution. If Purchaser experiences technical difficulties with the website and is not sure of the status of a reservation or payment, call VVIP customer service for assistance.
In the event that Your credit card is declined at the time that VVIP attempts to process any payment contemplated by this Agreement, You hereby authorize VVIP to attempt to charge such card for lesser amounts until the charge is accepted. VVIP agrees to provide you with pro-rated access to benefits in the event that VVIP receives a partial payment as contemplated by this Section. By charging Your credit card for a lesser amount than the amount that is due, VVIP does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to VVIP.
The fees assessed by VVIP and/or travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through VVIP. Each travel provider has specific cancellation policies and penalties separate and apart from VVIP. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Purchaser must cancel any travel booking, please call VVIP customer service representative immediately, or in writing, at the following address: VacationVIP, LLC Attn: Cancellations, at 6675 Westwood Blvd, Suite 200 Orlando, FL 32821. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is the Purchaser’s responsibility to ensure cancellation requests are properly received by VVIP. Refunds may take up to eight (8) weeks from the Cancellation Date.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
SUBSCRIPTION ENROLLMENT; PAYMENT; AND CANCELLATION
a) The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. VVIP will automatically continue providing the Subscription Benefits and charge you the Monthly and/or Annual Subscription Fee, as applicable. So long as Subscriber complies with all of the terms of the Subscription Enrollment and Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
b) In return for receiving the Subscription Benefits, Member promises to pay VVIP (in advance) according to the Subscription Type and associated pricing listed on the Enrollment and/or Receipt. In order to facilitate the Subscription, Member hereby agrees to provide VVIP with payment information for a valid credit or debit card that Member is authorized to charge at all times during the Term, and Member hereby consents to the automatic and recurring payment of the Monthly and Annual Subscription Fee using such credit or debit card. Member may change the credit or debit card used for payment of Monthly and Annual Subscription Fees by contacting VVIP. Payment for Subscription Benefits are due in advance, and Member is not eligible to receive any Subscription Benefits or other goods or services contemplated by this agreement unless Member has paid VVIP for such Subscription Benefits or other goods or services in advance. If Member fails to pay any Monthly or Annual Subscription Fee or other fee or charge contemplated by this agreement on or before the stated due date thereof, Member will be ineligible to receive any associated Subscription Benefits, and VVIP may terminate this Agreement upon written notice to Member within thirty (30) days of any missed or late payment.
c) In the event Member allows the Subscription to lapse due to non-payment, a reinstatement fee shall be payable to VVIP before the Subscription is renewed and Member can use any benefits of the Subscription.
d) All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of VVIP.
e) For paying Subscriptions only, Subscriber may cancel the Subscription as follows:
i. For Non-Florida Resident Cancellation (10 Day Cancellation):
Members renewing the introductory or premium Membership, or enrolling in a new promotion will have ten (10) days from the enrollment date to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this enrollment up to midnight of the tenth (10th) day from the enrollment date by providing written notice of such cancellation to: VacationVIP, LLC Attn: Cancellations at 6675 Westwood Blvd, Suite 200 Orlando, FL 32821. Cancellation requests postmarked later than ten (10) days after the enrollment date will result in no refund.
ii. For Florida Resident Cancellation (30 Day Cancellation):
Members renewing the Elite Membership, or enrolling in a new promotion will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Member may also cancel this contract if accommodations or facilities are not available pursuant to a request for use as provided in the contract. In addition to any right to otherwise revoke an offer, Member may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to: VacationVIP Attn: Cancellations at 6675 Westwood Blvd, Suite 200 Orlando, FL 32821.
Cancellation requests postmarked later than thirty (30) days after the enrollment date will not be honored. After the expiration of the thirty (30) day rescission period, this enrollment is final and the amounts paid under the subscription are not refundable. This contract is for the purchase of a vacation certificate(s)/membership and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes.
iii. After 10 days for non-Florida residents and after 30 days for Florida residents, or non-paying Subscribers, Subscriber may cancel without a refund due to Subscriber at any time by providing VVIP written notice of cancellation to VVIP, 6675 Westwood Blvd, Suite 200 Orlando, FL 32821.
LIMITATION OF LIABILITY
VVIP does not assume any liability or responsibility, without limitation for, damage, expense, inconvenience, loss, injury, death or damage to persons or property on any travel, or for any cause whatsoever due to delays, cancellations due to nature, Oil Spills, mechanical breakdown, strikes, civil unrest, Terrorism (or Threat of Terrorism) or acts of God.
VVIP SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. VVIP’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF VVIP WILL BE LIMITED TO THE FEES PAID BY PURCHASER TO VVIP FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ICE BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO VVIP’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF VVIP.
The fulfillment of the travel benefits, these Terms and Conditions and/or vacation certificates of the VVIP program shall be governed exclusively by and construed under the laws of the State of Florida without regard to conflicts of law principals. Purchaser consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Florida state courts situated in Orange County, Florida and the United States District Court for the District of Florida for all cases and controversies relating to or arising out of this program. PURCHASER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY. In the event a Purchaser or Purchaser’s Guest in initiates an action at law or in equity and VVIP prevails, Purchaser and/or Guest shall, without limitation, pay all costs incurred by VVIP in defending such action, including reasonable attorney’s fees, paralegal fees and court costs.
CLASS ACTION WAIVER
(i) MEMBER AND VVIP AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR VVIP WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR VVIP ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND VVIP FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, VVIP, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION
WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
VVIP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY OR CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE BY NO MEANS CONSTITUTES SPONSORSHIP OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WORKMANSHIP EFFORT, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ALL OF THE INFORMATION, CONTENT, SOFTWARE PRODUCTS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, ITS SERVERS, ANY ELECTRONIC TRANSMISSIONS AND/OR ANY ELECTRONIC MAIL SENT FROM US OR FROM OUR AFFILIATES OR THIRD PARTY SUPPLIERS IS FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR ANY FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR INTERRUPTIONS IN THE RECEIPT OF RESERVATION ORDERS.
THE INFORMATION, PRODUCTS, SOFTWARE AND SERVICES PROVIDED ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BUT NOT LIMITED TO PRICING ERRORS. VVIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES AND AGENTS, ARE NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY INFORMATION OR DESCRIPTION OF THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES CONTAINED IN OR PROVIDED BY THE WEBSITE OR THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED REGARDING HOTEL, AIR, CRUISE, CAR RENTAL, CERTIFICATES AND OTHER TRAVEL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.
THE THIRD PARTY SUPPLIERS AND ANY OTHER CARRIER, HOTEL OR OTHER SUPPLIER OF TRAVEL OR OTHER SERVICES OFFERED ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF VVIP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES OR AGENTS. VVIP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF SUCH SUPPLIERS. VVIP SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUNDS, EXCEPT AS OTHERWISE PROVIDED HEREIN, FOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND SHALL HAVE NO FURTHER RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RELATING TO SAME. VVIP IS NOT RESPONSIBLE FOR ANY THIRD PARTY SUPPLIER’S BREACH OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT RESPONSIBLE FOR ANY OTHER WRONGDOING BY A THIRD PARTY SUPPLIER, INCLUDING ANY LIABILITY IN TORT, FOR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE.
While VVIP may link to third party websites and third party websites may link to VVIP’s website, VVIP does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to VVIP or that VVIP has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by VVIP of the third party or of the information, content, products or services of the third party.
Travel to certain destinations may involve greater risk than others. We strongly urge you to review the travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel reservations to international destinations. We are not responsible for any activity or procedure that may be necessary in order to enjoy the use of the services offered on the Website, including but not limited to procuring or having possession of any passport or valid identification for travel.
IF, DESPITE THE LIMITATIONS ABOVE, VVIP, ITS AFFILIATES OR THE THIRD PARTY SUPPLIERS, ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, YOU AGREE THAT THE LIABILITY OF VVIP, ITS AFFILIATES AND/OR THE THIRD PARTY SUPPLIERS WILL IN NO EVENT EXCEED THE TOTAL CHARGE TO YOU FROM VVIP IN CONNECTION WITH SUCH TRANSACTION.
DISPUTE RESOLUTION POLICY
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Orange County, Florida, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Orange County, Florida. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Florida without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Orange County, Florida.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, We may as necessary apply to a court of competent jurisdiction in Orange County, Florida to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Orange County Superior Court or the United States District Court for the District of Florida, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 800-266-0602 or email firstname.lastname@example.org. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, account collections, or otherwise relating to your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.
You agree to waive your rights under TCPA. You agree to receive communication via SMS, email and telephone on an ongoing basis and understand that you can opt-out of these communications at any time. You understand that this means both marketing and informational communication. You understand that message and data rates may apply to any communication via SMS.
AGE AND OTHER RESTRICTIONS
Purchasers are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please note the terms and conditions on the individual product or service description for more details.
ADDITIONAL TRAVEL PRODUCTS AND SERVICES TERMS AND CONDITIONS
The following Additional Terms and Conditions apply to purchases of travel products and/or services and in the event of any conflicts between this section and the any other section of the Terms and Conditions, these travel products and/or services terms and shall take precedence and prevail with respect to the purchase of travel products and/or services by VVIP Purchasers.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by the VVIP or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Purchaser within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect their complete legal names as they appear on their respective proof of citizenship documents. It is Purchasers’ sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify the VVIP customer service department immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation. Travel providers may require that Travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. VVIP assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider service/accommodation.
Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent to the billing address of the credit card provided by Purchaser approximately two (2) weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify VVIP customer service department immediately if changes or corrections are required. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. VVIP urges Travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, VVIP DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
ADDITIONAL RESORT CERTIFICATE TERMS AND CONDITIONS
The following additional resort certificate terms and conditions govern the use and redemption of a resort certificate by the subscribing member and guest(s), if applicable (“Redeemer”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a resort certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all resort terms and conditions and policies and procedures.
Resort Certificate Redemption: Resort certificates may be redeemed by following the certificate instructions and are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room bedroom units at select properties. All resort properties and destinations are subject to availability, seasonality, and room type restrictions. Length of resort stay can be found on the resort certificate or online under “Certificates”. VVIP reserves the right to charge additional fees related to the redemption of certificates in our discretion. Other restrictions may apply. Redeemer must book the resort or hotel stay prior to the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Resort certificates may be extended past the expiration date for an additional fee. Resort certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law. Unredeemed resort certificates have no value. Resort certificate is void if resold for cash or other consideration. Resort/Hotel properties and destinations offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Resort certificate(s) may not be combined with any other offer relating to the same reservation or accommodations, except as specifically stated on future promotions. Each certificate will also have specific terms & conditions, qualifications, restrictions and rules to acknowledge and abide by.
Booking Cancellations: All booking cancellations must be received in conformance with resort, hotel, certificate, car rental, cruise, etc. terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any resort/hotel cancellation fees and any additional fees.