WG Cruise & Travel Collection Membership Terms & Conditions
INTRODUCTION
These WG Cruise & Travel Collection (“WG Cruise & Travel Collection”) Subscription-Membership (“Subscription”) Terms and Conditions set forth a legally binding contract between Arrivia, Inc., d.b.a. Our Vacation Center ("OVC"), and d.b.a. WG Cruise & Travel Collection, and its affiliates (collectively, “Arrivia”, “We” “Us” “Our”) and each person who has the legal right to own, occupy or use accommodations in a WG Cruise & Travel Collection resort (“Vacation Ownership”).
We are administering this agreement under contract with Central Florida Investments, Inc. To become a subscribing-member (“Subscriber” “Member”, “Traveler” or “You”), a properly completed WG Cruise & Travel Collection Subscription (“Subscription(s)”) enrollment form must be provided to WG Cruise & Travel Collection. WG Cruise & Travel Collection reserves the right to refuse enrollment to anyone for any reason whatsoever.
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 WG Cruise & Travel (collectively "Provider Terms"). By purchasing products and services through WG Cruise & Travel Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of either the WG Cruise & Travel Collection Subscription Agreement and Subscription Receipt and Enrollment or the Westgate Cruise and Travel Retail Installment Sales Contract and Membership Enrollment Agreement (“Membership” or “Subscription”), as applicable, which are incorporated herein. Member also 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, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through WG Cruise and Travel Collection of the contents of these Terms and Conditions and all applicable Provider Terms.
NO MEMBER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
FULFILLMENT SERVICES
WG Cruise & Travel Collection purchases, benefits and transactions are administered and fulfilled by Arrivia, Inc. Arrivia is located at 15147 N. Scottsdale Road, Suite 210., Scottsdale, AZ 85254. Arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #21-136301), and California #CST 2066521-50. Registration as a seller of travel does not constitute approval by the State of California. Arrivia is not a participant in the California Travel Consumer Restitution Fund. California requires certain sellers of travel to have a trust account or bond. Arrivia maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.
WG Cruise & Travel Collection are trademarks of Central Florida Investments, Inc., which may not be used without the prior written permission from Central Florida Investments, Inc. Other brand names may be trademarks of their respective owners.
THE WG Cruise & Travel Collection
WG Cruise & Travel Collection Subscriptions provide Subscribers the ability to use loyalty credits (“Travel Credits”) for steeply discounted cruises, resorts, hotels, experiential vacations, and tours.
All Subscribers may purchase cruises, resorts, hotels, experiential vacations, and tours at the Best Value Guaranteed rates.
Subscribers also have access to preferred hotels and resorts, Great Getaway vacations, and the ability to earn and redeem Travel Credits on many such purchases.
WG Cruise & Travel Collection is only responsible for written representations that it makes concerning the Subscription and is not responsible for any verbal representations or written representations made by any other person. Only WG Cruise & Travel Collection, its authorized representatives, and its designated licensees can perform the obligations of WG Cruise & Travel Collection under these Terms and Conditions.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These Terms and Conditions are subject to change at Our sole discretion without prior notice to You. By purchasing products and services through Us, Member 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..
Failure to comply with these Terms and Conditions or failure to pay any sums owed to WG Cruise & Travel Collection, may result in the suspension or termination of Subscriber’s Subscription without further obligation. If suspension is based upon non-payment, Subscriber’s Subscription will remain suspended until all sums that are owed are paid in full and will not be extended beyond its original expiration date.
Programs, products, and services offered through WG Cruise & Travel Collection or by third parties with the permission of WG Cruise & Travel Collection, including but not limited to reservations, accommodations, certificates or promotional items, may not be used for any commercial purpose, including without limitation auction, rental or sale. Unauthorized transfer of any rights or benefits conferred pursuant to any membership agreement is grounds for immediate termination without refund.
NO COMMERICAL USE
Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of your account without refund. We reserve the right, in our sole discretion, to suspend or terminate your account in the event we suspect that it is being used for commercial or business purposes.
OUR ROLE
Member is dealing with Us at arms' length, creating a commercial relationship. We are not the Member’s agent or Member’s fiduciary. By purchasing products and services through Us, Member acknowledges and agrees that no such agent or fiduciary relationship exists between You and Us. We are 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 Us.
AVAILIBILITY
All products and services offered through Us are available for purchase for Our Members 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 Us. Member participation may be denied if Membership is not in good standing. Member expressly allow us to suspend or terminate access to our website in our discretion if we have reason to believe access is being used for any unlawful purpose.
PRICES AND RATES
The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees and taxes, fuel surcharges, and port expenses are additional, unless otherwise stated. Travel product rates/prices are based on availability and subject to change without notice. Additional fees may apply. Special rates/prices 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 rates/prices 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 rate/price imposed by the travel provider will be passed on to Member, and Member agrees to the increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
SUBSCRIPTION TERMS, PAYMENT, AND CANCELLATION
The following terms apply if your membership was a subscription type enrollment:
The term of the Subscription begins on the date you enrolled and continues on a monthly or annual basis, as applicable, and automatically renews thereafter until cancelled. Please note that Silver Memberships do not expire and are perpetual. Gold Memberships are valid for two (2) years, and after the two (2) year period will be automatically renewed in accordance with this Section. 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.
In return for receiving the Subscription Benefits, Subscriber promises to pay WG Cruise & Travel Collection (in advance) according to the Subscription Type and associated pricing listed on the Enrollment and/or Receipt. In order to facilitate the Subscription, Subscriber hereby agrees to provide WG Cruise & Travel Collection with payment information for a valid credit or debit card that WE ARE AUTHORIZED TO CHARGE AT ALL TIMES DURING THE TERM, AND SUBSCRIBER HEREBY CONSENTS TO THE AUTOMATIC AND RECURRING PAYMENT OF THE MONTHLY AND ANNUAL SUBSCRIPTION FEE USING SUCH CREDIT OR DEBIT CARD. SUBSCRIBER MAY CHANGE THE CREDIT OR DEBIT CARD USED FOR PAYMENT OF MONTHLY AND ANNUAL SUBSCRIPTION FEES BY CONTACTING US AT THE PHONE NUMBER LISTED IN THE ENROLLMENT OR OTHERWISE BY LOGGING INTO YOUR ONLINE ACCOUNT. Payment for Subscription Benefits are due in advance, and Subscriber is not eligible to receive any Subscription Benefits or other goods or services contemplated by this Agreement unless Subscriber has paid WG Cruise & Travel Collection for such Subscription Benefits or other goods or services in advance.
The payments for the Membership are deemed fully earned by the Provider and/or Creditor, respectively, following the respective cancellation periods as outlined in Section E and may not be charged back or refunded in any event. If Subscriber 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, Subscriber will be ineligible to receive any associated Subscription Benefits, and WG Cruise & Travel Collection may terminate this Agreement upon written notice to Subscriber within thirty (30) days of any missed or late payment.
In the event Subscriber allows the Subscription to lapse due to non-payment, a reinstatement fee shall be payable to WG Cruise & Travel Collection before the Subscription is renewed and Subscriber can use any benefits of the Subscription.
Subscriber may cancel the Subscription as follows:
For Non-Florida Resident Cancellation (10 Day Cancellation):
New Subscribers 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:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
or by email at cancel.requests@arrivia.com, or otherwise by logging into their online account to cancel the enrollment. Cancellation requests postmarked later than ten (10) days after the enrollment date will not be subject to no refund.
For Florida Resident Cancellation (30 Day Cancellation):
New Subscribers will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Subscriber 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, Subscriber may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
or by email at cancel.requests@arrivia.com, or otherwise by logging into their online account to cancel the enrollment. 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.
After 10 days for non-Florida residents and after 30 days for Florida residents, Subscriber may cancel without a refund due to Subscriber at any time by emailing us at cancel.requests@arrivia.com, logging into their online account to cancel or otherwise providing WG Cruise & Travel Collection written notice of cancellation to:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
Arrivia’s Right to Cancel. We may cancel Member’s Subscription any time following thirty (30) days after any: (1) failure by Subscriber to pay amounts owing to Us when due; or (2) any other breach by Subscriber of any provision of the Subscription and/or Terms and Conditions.
MEMBERSHIP TERMS, PAYMENT, FINANCING AND CANCELLATION
THE FOLLOWING TERMS APPLY IF YOUR MEMBERSHIP WAS PURCHASED IN FULL OR FINANCED THROUGH AN INSTALLMENT PAYMENT PLAN. THE TERMS OF THE MEMBERSHIP AGREEMENT AND SELLER FINANCING ADDENDUM (COLLECTIVELY, MEMBERSHIP AGREEMENT) ARE INCORPORATED HERETO. PLEASE REVIEW YOUR MEMBERSHIP AGREEMENT FOR FULL TERMS AND CONDITIONS.
Membership. So long as Member complies with all of the terms of the Membership Enrollment, which includes these Terms and Conditions of Membership and any related Financing Addendum or Retail Installment Sales Contract (collectively the “Membership Agreement”), including the payment the Total Plan Price as stated on the Membership Enrollment, Member shall be eligible to receive “Membership Benefits.” Specific Membership Benefits will vary based upon Membership Type, as described in the Membership Enrollment. Provider reserves the right to create separate policies governing each Membership Type. Each Membership is assigned a personalized “Membership Account” and corresponding number evidencing each Member’s Membership and benefits. A “Member” is any person who purchases a Membership, including Member and Member’s permitted guests. A Member shall be considered in “Good Standing” if all of the following apply: (a) the Member is current in the payment of all amounts due in connection with the Membership Agreement; (b) the Member is in compliance with all applicable Membership Agreement terms, (c) the Member’s Membership is not suspended or terminated for any reason under the Program Terms and Conditions, and (d) the Member’s Term has not expired.
Membership Term. Your Initial Membership Term is outlined on the Membership Enrollment. After the Initial Membership Term, the Membership will be automatically converted into an Automatic Annual Subscription Renewal Term, wherein Provider will continue to provide Member with an automatically renewing access to the Program, until cancelled, (“Renewal Term”) (each “Renewal Term” forms part of the “Membership Term”) as outlined below.
Following the Initial Membership Term, Member will be automatically enrolled into the Renewal Term, unless cancelled in advance by Member. Prior to expiration of any Initial Membership Term, Provider will send Member an email or other notification (“Additional Membership Term Notification”) alerting Member to the pending expiration of their Membership and the amount of the then-applicable Annual Renewal Term Fee. Member will be automatically renewed into the Renewal Term, except upon Member’s notice to Provider of non-renewal made pursuant to the Additional Membership Term Notification, and thereafter Member shall be deemed to have elected into the Renewal Term in exchange for the then-applicable Annual Renewal Fee.
Member hereby consents to the automatic payment program for such Renewal Term Fee payments and pre-authorizes Provider to initiate Annual Renewal Fee on the same terms as described in the Membership Agreement. This consent and authorization shall remain in full force and effect until Member notifies Provider at the contact information provided below. Such notice of non-renewal and cancelation must be made at least three (3) business days before the scheduled date of any Renewal Term Payment.
Financing. If as Part of the Membership Agreement, you elected to pay for the Membership Agreement through an Installment Payment Option which is administered by, SOR Technology, LLC (herein “Lender” and/or SOR”). In consideration for such purchase, You promise to pay the balance of the total Purchase Price plus interest/finance charges in accordance with the terms of the Membership Agreement and the Seller Financing Addendum. The payments for the Membership are deemed fully earned by Arrivia and/or Creditor, respectively, following the respective cancellation periods as outlined in Section D and may not be charged back or refunded in any event.
Cancellation. You may cancel your Membership as follows:
For Non-Florida Resident Cancellation (10 Day Cancellation):
YOU MAY CANCEL YOUR MEMBERSHIP AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE TENTH (10TH) CALENDAR DAY AFTER THE DATE OF THIS AGREEMENT. The notice must be postmarked by midnight of the tenth (10th) calendar day following the on which this contract is signed by you. The day on which the contract was signed is not included as a “calendar day,” and if the tenth calendar day falls on a Sunday or legal holiday, then the right to cancel this contract expires on the day immediately following that Sunday or legal holiday. Following the tenth (10th) calendar date after the effective date of the Membership Agreement, You may cancel at any time, subject o payment of any outstanding balances owed by you.
Please consult the Notice of Cancellation signed by You as part of your Membership Agreement to review your full cancellation rights.
TO CANCEL YOUR MEMBERSHIP AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED COPY OF YOU CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OF CANCELLATION, OR SEND A TELEGRAM, TO:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
OR give cancellation via any method that will allow you to prove that you gave notice, including electronic mail, facsimile or personal delivery.
For Florida Resident Cancellation (30 Day Cancellation):
You may CANCEL this transaction, without any cancellation fee, penalty, obligation or stated reason for doing do, within THIRTY (30) CALENDAR DAYS from the above date or the date of receipt of the Certificate, whichever occurs later. The notice must be postmarked by midnight of the thirtieth (30th) calendar day following the date on which this Membership Agreement was signed by you. The day on which the contract was signed is not included as a “calendar day,” and if the thirtieth calendar day falls on a Sunday or legal holiday, then the right to cancel this contract expires on the day immediately following that Sunday or legal holiday. Following the thirtieth (30th) In addition to any right to otherwise revoke an offer, Subscriber may cancel enrollment up to midnight of the thirtieth (30th) calendar date after the effective date of the Membership Agreement, You may cancel at any time, subject to payment of any outstanding balances owed by you.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OF CANCELLATION, OR SEND A TELEGRAM, TO:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
or by email at cancel.requests@arrivia.com, or otherwise by logging into their online account to cancel the enrollment. 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. NOT LATER THAN MIDNIGHT FOLLOWING THIRTY (30) DAYS FROM THE DATE OF TRANSACTION ABOVE OR GIVE CANCELLATION VIA ANY METHOD THAT WILL ALLOW YOU TO PROVE THAT YOU GAVE NOTICE, INCLUDING ELECTRONIC MAIL, FACSIMILE OR PERSONAL DELIVERY.
Cancellation After the Initial Membership Term
Member will be automatically renewed into the Renewal Term, except upon Member’s notice to Provider of non-renewal made pursuant to the Additional Membership Term Notification, and thereafter Member shall be deemed to have elected into the Renewal Term in exchange for the then-applicable Annual Renewal Fee.
Arrivia’s Right to Cancel
If You are in default under Your Membership Agreement, We may (i) suspend Your right to use and enjoy any and all Membership Benefits, including but not limited to booking travel, redeeming certificates and/or redeeming any Promotional Credits, (ii) terminate Your Membership Agreement and all Membership Benefits thereunder immediately, and/or (iii) retain the Purchase Price and all other amounts paid by You to Us (collectively, the “Substitute Amount”) as liquidated damages for such default.
Certificates/Promotional Credits. Depending on Your type of Membership, it may have included Certificates and/or Promotional Credits, whereas the redemption of Certificates will be determined based on the respective portion of the Purchase Price that was paid. The Certificates 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 Provider. The Promotional Credits are issued for incentive and promotional purposes only, and will be valid for twelve months from issuance, but may be extended in the sole and absolute discretion of the Provider so long as Your Membership remains active and in good standing. The Promotional Credits have no cash value and are subject to additional terms and conditions. See your Account the website for full Certificate and Promotional Credit terms and conditions related to the activation, redemption, expiration and any associated costs that will be Members responsibility.
VACATION PURCHASES
Subscribers, during the term of their Subscription, have The Best Value Guarantee (“BVG”). BVG requires written proof of the availability of the identical cruise vacation, hotels stay, resort vacation, at a lower rate to the general public within 48 hours of purchase by Subscriber. Rate identified in written proof will be verified by WG Cruise & Travel Collection. WG Cruise & Travel Collection will match any price that it verifies to be lower. Cruises must be for the identical cruise itinerary, ship, and sailing date and cabin category. Hotel and resort stays must be for the same dates, room types, and options. Consolidator, charter, group, incentive, interline, meeting and convention rates are excluded. Web or e-mail offers requiring calling a callback number are also excluded. BVG is valid for the cruise fare only at the time of booking.
Subscriber may book travel backed by their BVG by calling the WG Cruise & Travel Collection call center at 1-800-572-6169 or on-line at www.westgatecruiseandtravel.com
CRUISE EXCHANGE
You can exchange Your rights to a Westgate resort week (“WG Week”) for points that will be provided by Us and are redeemable for cruise travel purchased through the WG Cruise & Travel Collection Program (“Experience Points”). Cruise Exchange will be available to all Members who are in good standing with Us and Westgate.
Earning and Redeeming Experience Points. Members will be required to call Westgate to deposit their WG Week. Westgate will confirm the eligibility and collect a conversion fee of $169.00 ("Conversion Fee”). Once the deposit is complete, WG Cruise & Travel Collection will load Your account with the respective amount of Experience Points, for use towards full or partial payment on qualifying cruise bookings.
Limitations. The usage of Experience Points for redemption, including minimums and maximums, are subject to change at the discretion of WG Cruise & Travel Collection, and without prior notice to the Subscriber. Experience Points cannot be combined with any other alternative currencies issued. Subscriber must redeem within 12 months of issuance.
RESORT AND VACATION RENTAL STORE
Resort rates are based on US Dollars, per reservation based on double occupancy, availability, the redemption of Travel Credits and can change without prior notice. Travel Credits may not be available for redemption on resort and vacation rental bookings or room types. Other restrictions may apply.
SEE APPLICABLE CANCELLATION POLICY AS STATED IN YOUR BOOKING CONFIRMATION/RECEIPT. FURTHER, PLEASE NOTE THAT SOME RESORT RENTALS WILL CANCEL A BOOKING IF THE GUEST IS A NO-SHOW ON THE SCHEDULED CHECK-IN DATE. GUESTS ARE REQUIRED TO CONTACT THE PROPERTY DIRECTLY TO ADVISE OF A LATE CHECK IN, FAILING TO DO SO MAY LEAD PROPERTY TO CLOSE THE RESERVATION AS A NO SHOW AND PROPERTY MAY BE UNABLE TO ACCOMMODATE THE GUEST AFTER THE INITIAL CHECK IN DATE.
Booking is not confirmed upon reservation, and final confirmation will be sent within 5 business days. Supplier imposed fees and charges may apply and are not included in the price, such as resort fees, parking, deposits, taxes, and other supplier-related charges. Available offers may vary based on availability, travel supplier, destination, arrival dates and specific property booked.
USE OF VACATION ACCOMMODATIONS
Subscribers must have their subscription payments current by the date of the scheduled travel. Subscriptions that are terminated or expired prior to the date of travel will be collected at the time of booking
WG Cruise & Travel Collection will apply any reasonable restrictions on Subscriber’s vacations as required by WG Cruise & Travel Collection’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers.
Resort accommodations may be at a resort in active sales. Subscribers are under no obligation to participate and/or attend any sales presentation or take a tour of the resort.
Information provided to Subscriber about cruises, resorts, experiential vacations, and hotels, is based on information obtained from the providers of such. WG Cruise & Travel Collection makes reasonable efforts to ensure that information provided to WG Cruise & Travel Collection is accurate and complete as of the date such information is published by WG Cruise & Travel Collection; however, WG Cruise & Travel Collection expressly disclaims any liability for inaccurate, incomplete, or misleading resort and cruise information.
The total number of people occupying any vacation accommodations or participating in any tours confirmed by WG Cruise & Travel Collection must not exceed the maximum occupancy set forth in the WG Cruise & Travel Collection confirmation or guest certificate; otherwise, the resort or cruise line representative may refuse access or levy an additional charge to Subscriber and/or Subscriber’s guests.
Subscribers are responsible for the payment of any applicable taxes, fees, and personal expenses including, but not limited to, soft drinks, alcoholic beverages, specialty items, tips, personal services, special facilities charges, telephone calls and internet connectivity, cruise line/resort/hotel, or other utility charges, security deposits and other fees or charges levied by the travel service provider. Government fees, taxes, and port expenses, including any handling charges for cruises are paid in advance to WG Cruise & Travel Collection. It is the responsibility of the Subscriber to pay all other fees directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the Subscriber and the provider. Subscriber waives any and all claims against WG Cruise & Travel Collection in this regard.
Subscribers and Subscribers’ Guests must occupy and use any accommodations received from WG Cruise & Travel Collection in a responsible, careful and secure manner. Subscribers are responsible for all damage, theft or loss caused by Subscribers and Subscribers’ guests.
Any complaints about any accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider.
All Subscribers must be in good standing with their Vacation Ownership resort, vacation plan, or vacation club and all expenses associated with the Subscriber’s Vacation Ownership, vacation plan, or vacation club including but not limited to the payment of maintenance fees, assessments, common expenses, recreational fees, promissory notes, mortgage payments, taxes, and/or Subscription fees must be paid current as reported by the resort, vacation plan, or vacation club to WG Cruise & Travel Collection. WG Cruise & Travel Collection reserves the right to refuse to provide any services or benefits to Subscriber until such time as Subscriber’s resort, vacation club or vacation plan provides WG Cruise & Travel Collection with written confirmation that all obligations of the Subscriber have been fulfilled.
Subscribers 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 review the terms and conditions on the individual product descriptions for more details.
IDENTIFICATION AND CONFIRMATIONS
Subscribers and Subscribers’ Guests are responsible for ensuring that all travelers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship or legal residence. Subscribers and Subscribers’ guests must have a valid visa, passport, or proof of citizenship, proof of legal residency status, and immunization evidence, if any, (as required by the countries being visited) in their possession at the time of travel. This applies to all travelers in Subscribers’ group. WG Cruise & Travel Collection assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider services.
Vacation Confirmations (“Confirmations”) are valid only if issued in writing by WG Cruise & Travel Collection. Subscriber is responsible for verifying al details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying WG Cruise & Travel Collection immediately if any information on the Confirmation is incorrect. Subscriber is responsible for any ancillary charges incurred as a result of changes to any aspect of the Confirmation. Changes may be treated as a cancellation. We will not be held responsible for any fees levied on the Subscriber as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the member.
If confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond WG Cruise & Travel Collection’s control, you waive any and all claims against WG Cruise & Travel Collection.
WG Cruise & Travel Collection reserves the right to revoke any and all Confirmations, terminate or suspend the Subscription of the relevant Subscriber, cancel a Guest Certificate, or deny access to any of the products or services offered in connection with this Subscription, in the event a Subscriber or Subscribers’ guests misuse the WG Cruise & Travel Collection vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies may apply. A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
CANCELING VACATIONS AND/OR RESERVATIONS
The fees asses by Us, OVC, and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through Us. Each travel provider has specific cancellation policies and penalties separate and apart from Ours. Travel provider policies may treat name changes and departure date changes as cancellation subject to re-booking and additional changes or cancellation fees may apply. WG Cruise & Travel Collection reserves the right to cancel a confirmed vacation, cancel any purchased products, cancel a request, or otherwise deny Subscription benefits of any Subscriber whose payment is rejected by the Subscriber’s bank or credit card company, or whose Subscription has been terminated or cancelled.
In the event Subscriber must cancel any travel booking, please contact Our concierge immediately by phone, or in writing at the following address:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
Cancellation will be effective on the date of receipt of the request by WG Cruise & Travel Collection (“Cancellation Date”). All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any WG Cruise & Travel Collection Deposits. A WG Cruise & Travel Collection vacation consultant will explain the deposit requirements and booking fees, if any, and the payment schedules, refundability, and cancellation policies upon booking a particular cruise, resort vacation, experiential vacation, tour, hotel, or car reservation.
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.
We are not responsible for and otherwise disclaim any responsibility, liability, or other damages related to third-party suppliers cancellation and refund policies or their issuance of future cruise or travel credits, certificates or other forms currency in exchange for a future right to travel with the third-party supplier. In addition, We may facilitate options to cancel, rebook, or receive such credits to be used in the future with third-party suppliers, however, by doing so We are not making any recommendations or representations as to the financial condition of the third-party suppliers.
LOYALTY PROGRAM
Subscribers may earn and redeem WG Cruise & Travel Collection loyalty credits (“Travel Credits”) upon enrollment, and subsequently when making qualifying travel purchases or by qualifying subscription transactions, such as the deposit of the Subscriber’s Vacation Ownership week with WG Cruise & Travel Collection or the timely payment of the Subscriber’s annual Vacation Ownership fees. Travel Credits will be credited to the Subscriber’s account and may be redeemed towards partial payment for subsequent WG Cruise & Travel Collection travel transactions. Travel Credits may not be used as a form of payment for the call center fee. To be awarded or to redeem Travel Credits, the Subscriber must maintain an active WG Cruise & Travel Collection subscription and be in good standing with WG Cruise & Travel Collection. Earnings and redemption options and schedules are available on-line at www.westgatecruiseandtravel.com or by calling the WG Cruise & Travel Collection call center at 1-800-572-6169.
Earning Travel Credits. Silver Membership Subscribers and Gold Membership Subscribers will be awarded an initial amount of Travel Credits upon enrollment, based on their particular membership program as outlined below:
Silver Membership: Silver Members will receive access to the Program Benefits and will receive 500 Travel Credits that do not expire.
Gold Membership: Gold Members will receive annual access to the Program Benefits and an annual allotment of 1,500 Travel Credits, which are valid for two years and then must be renewed or extended.
Further, additional Travel Credits may be awarded for all Subscribers on qualifying travel or membership transactions. The Subscriber may be awarded Travel Credits when purchasing on non-package air travel reservations made through WG Cruise & Travel Collection, by depositing its Vacation Ownership week with WG Cruise & Travel Collection, or as an annual Ownership Anniversary Credit after the Subscriber pays its annual Vacation Ownership fees. The amount of Travel Credits awarded is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. The amount of Travel Credits awarded will vary at WG Cruise & Travel Collection’s sole discretion. Travel Credits awarded on travel transactions will be added to the available balance in Subscriber’s WG Cruise & Travel Collection account following the travel departure date indicated on your Reservation Confirmation, within seven (7) to ten (10) days from the deposit of your Vacation Ownership Week with WG Cruise & Travel Collection, or annually after WG Cruise & Travel Collection reports that the Subscriber has paid its annual maintenance fee. The amount of Travel Credits awarded per transaction, including minimums and maximums, are subject to change at the sole discretion of WG Cruise & Travel Collection, and without prior notice to the Subscriber. Other restrictions may apply.
Redeeming Travel Credits. Travel Credits have no actual cash value, but may be redeemed towards partial payment, at time of checkout, for qualifying travel or other Us transactions, whether purchased online or offline through Us, whether purchased online or offline. Travel Credits may not be used as a form of payment for any taxes, fees, travel insurance, shipping or handling charges. Each WG Cruise & Travel Collection’s available products will specify the maximum amount of Travel Credits if any, that may be applied as a form of partial payment in the description of the product or service. The Subscriber may redeem as many Travel Credits as it has in the WG Cruise & Travel Collection account, up to the amount specified for any particular product or service prior to purchasing or booking. Travel Credits may only be redeemed by the primary Subscriber(s) listed on the WG Cruise & Travel Collection account, upon verification of their membership information by an authorized WG Cruise & Travel Collection representative. Earnings and redemption options and schedules are available on-line at www.westgatecruiseandtravel.com or by calling the WG Cruise & Travel Collection call center at 1-800-572-6169. Travel Credits redemptions may not be combined with any other discount or promotion.
Cancellations. If You cancel your product or travel purchase with Us outside of any applicable penalty periods, any Travel Credits redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Travel Credits occurs within a penalty period, Travel Credits may be applied against penalty after any cash used in the purchase of that travel booking. If any portion of Travel Credits remains after penalty is paid, the remaining Travel Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Travel Credits awarded may be withdrawn at Our 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 WG Cruise & Travel Collection, and without prior notice to the Subscriber. Subscription accounts with Travel Credits balances of less than $10 that have not had any online or offline activity for two years may be closed at the sole discretion of WG Cruise & Travel Collection. The Subscriber’s WG Cruise & Travel Collection Subscription may be suspended if you do not remain in good standing with the WG Cruise & Travel Collection, and WG Cruise & Travel Collection may impose a reasonable fee for reinstatement or reactivation. Travel Credits may not be used to pay reinstatement or reactivation fees. WG Cruise & Travel Collection reserves the right to cancel or withdraw all Travel Credits in a Subscriber’s account if the Subscriber does not remain in good standing with the WG Cruise & Travel Collection for ninety (90) days or more.
Cancellation and Termination. Unredeemed Travel Credits expire upon at the end of the Subscriber’s WG Cruise & Travel Collection subscription or any renewal thereof. Travel Credits have no cash value and are not transferable. Customer Service. The Subscriber should contact the WG Cruise & Travel Collection call center at 1-800-572-6169 if they believe there are any Travel Credits amounts that have not been credited to the appropriate WG Cruise & Travel Collection account or for any questions related to available Travel Credits balance.
VACATION CASH
Vacation Cash may be applied towards the following travel products, whether booked online or over the phone with US, the purchase of future hotel, resort, air travel, and car purchases. Vacation Cash may also be applied to cruise/cruise tours that are booked over the phone with US. Vacation Cash is not valid towards cruise/cruise tour purchases booked online. Vacation Cash may not be used for travel insurance, shipping charges, taxes, or fees. Any Vacation Cash used towards air bookings will be capped at one hundred and fifty dollars ($150.00 USD) worth of Vacation Cash per transaction. Additionally, Vacation Cash may not be combined with any other discounts, promotions, or loyalty currency, except that Vacation Cash may be combined with Travel Savings Credits for cruise, tour, hotel, resort, and car. Vacation Cash has no cash value and expires if not used within thirty (30) days of its issuance, unless stated otherwise. In the event that you cancel your booking that was made using any amount of Vacation Cash, the Vacation Cash will be the last funds applied against any cancellation penalty, as applicable.
POINTS
Member may initially be awarded specific program loyalty points (“Points”) upon Membership enrollment, and subsequently when making qualifying Membership transactions. Points will be credited to the Membership account and may be redeemed towards partial payment, at time of checkout, to the net amount of a travel or other transaction completed through Us, whether purchased online or over the phone. Where applicable, Points may be converted Vacation Cash for use on subsequent, qualifying travel purchases through Us. Member must maintain their Membership account in good standing to earn or to redeem Points. Points have no cash value, and the usage of Points for redemption, including minimums and maximums, are subject to change at Our sole discretion, and without prior notice to Member. Certain other limitations or restrictions may apply based on Your individual program.
TRANSACTION FEES
Processing and servicing fees may be charged and are subject to change, from time to time, at the sole discretion of OVC without prior notice. The processing and service fees will be outlined during the booking process and on your receipt. Additional service fees may also be charged.
A call center fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call Us to book or arrange travel. You can avoid the call center fee by booking your car, hotel, and airline ticket 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 Our sole discretion. Travel Credits may not be used as a form of payment for the call center fee.
Depending on the term of Your membership, the redemption of certificates may be limited until certain monthly Subscription Fees have been paid as detailed on the Enrollment under Certificate Redemption Limitations, as applicable.
Any Certificates issued to you as part of a subscription renewal, 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 at Our sole discretion. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
Replacement or additional Subscription cards will be provided to Subscribers upon request. Subscribers may be required to pay a $5 per card processing fee to cover the associated costs.
PAYMENT
Our products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. 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 Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but We reserve the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the website or Member is not sure of the status of Member’s reservation or payment, please call Our concierge.
In the event that Your credit card is declined at the time that OVC attempts to process any payment contemplated by this Agreement, You hereby authorize OVC to attempt to charge such card for lesser amounts until the charge is accepted. OVC agrees to provide you with pro-rated access to benefits in the event that OVC receives a partial payment as contemplated by this Section. By charging Your credit card for a lesser amount than the amount that is due, OVC does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to OVC.
CURRENCY
All fees and charges are payable in United States Dollars (“USD”). However, the transaction prices may be stated in different currencies based on location.
UPLIFT – PAYMENT PROGRAMS
Uplift is a third-party provider of payment programs that provides payment options for You. Any transaction, agreement, or arrangement that You enter into with Uplift is solely between You and Uplift. We are not a party to such transaction, agreement, or arrangement and disclaim any responsibility or liability for the same. Further, Uplift is solely responsible for the content, materials and/or information contained in any Uplift websites that may be accessed via Our site. Such links are provided by Us solely for your convenience.
HOTEL TAXES AND FEES
To facilitate your transactions with Us, We will charge your payment method for “Taxes and Fees.” “Taxes and Fees” includes an the estimated total that we will pay to the hotel or supplier for taxes and government fees it owes related to your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and/or other similar taxes. The amount paid to the supplier for taxes and fees may be less than the amount we estimate and charge to You. The balance of the charge for Taxes and Fees is a service fee We retain as part of the compensation for our services and to cover Our costs for making reservations, including, for example, customer service costs. We may also include Our service fee in the Taxes and Fees section, which is a fee You pay to Us. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount We pay the hotel and the location of the hotel where you will be staying, and may include profit that We retain.
Depending on the type of booking You make through Us, You may be charged additional fees by Our travel providers, including, but not limited to:
Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;
Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
C. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
Our travel providers may require you to put a payment method on file upon check in to pay these and/or other charges directly to the travel provider upon check out. Contact the supplier directly to determine what charges apply to your reservation.
Adtditionally, travel provider may charge destination marketing fees that are collected by the hotel for payment to a local tourist bureau. If you are a citizen of a country you travel to, you may owe additional taxes to the hotel at check out.
Contact the travel provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.
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 Our subsidiaries, directors, employees, agents, business partners, suppliers or vendors or any company offering products or services through Us (which are beneficiaries to this arbitration agreement) 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 Maricopa County, Arizona, 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 Maricopa County, Arizona. 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 Arizona 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 Maricopa County, Arizona.
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 Maricopa County, Arizona 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 Maricopa County Superior Court or the United States District Court for the District of Arizona, 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.
FORCE MAJEURE
We do not assume and hereby expressly disclaim any liability or responsibility, without limitation, for (i) delay or failure in performance or interruption of service, including but not limited to booking cancelations, and/or website outages, (ii) damages, expenses, inconvenience, loss, including but not limited to for refunds for, or injury or death while You are traveling or while You are on any aircraft/ship in transit to and from Your booked travel, resulting directly or indirectly from acts of God, civil or military authority, civil disturbances, wars, acts of terrorism, strikes, fires, extreme weather condition, epidemics, pandemics, government restrictions on travel, movement or large gatherings, or from other catastrophes, or other events of force majeure (collectively, “Force Majeure Events”) which are beyond Our reasonable control at the time We claim excusable delay or failure to perform and for which are not able to be overcome through the exercise of commercially reasonable efforts.
If We claim such an excuse, We will promptly notify You of the occurrence and shall advise You of the extent of the disability and the expected duration of Our inability to perform Our obligations under this Agreement. In no event shall You hold Us liable for any liability caused by Force Majeure Events outlined herein.
LIMITATION OF LIABILITY
ARRIVIA SHALL NOT BE LIABLE FOR AND DOES 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 ANY THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. DISCLAIMERS OF LIABILITY APPLY TO DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE, FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS OR ALTERATIONS, WHETHER THE DAMAGE RELATED TO BREACH OF CONTRACT, TORTIOUS ACTS, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. ARRIVIA’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF US WILL BE LIMITED TO THE FEES PAID BY MEMBER TO US FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ARRIVIA, AND/OR OVC 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 OUR AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
DISCLAIMER OF WARRANTIES
All of Our content, products, and services provided to You is provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of Our program or our Website, and/or the accuracy of any of the information, content or materials We provide You.
To the fullest extent permitted by law, We disclaim all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not warrant or make any representations that Our program or website will operate error-free or uninterrupted, that defects will be corrected, or that Our website and/or its servers will be free from viruses and/or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on our Website and/or bookings or reservations made under an incorrect price. In such event, if available, We will offer you the opportunity to keep your reservation at the correct price or We will cancel your reservation without penalty.
We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by Us to You, including but not limited to information, content, products, services, text, and graphic or video content.
Without limiting the foregoing, no representation, warranty, or guarantee is made:
Regarding the acceptance of any request;
That You will receive the lowest possible price for the products, services, and/or goods We advertise and/or You purchase;
Regarding the availability of products, services, and goods advertised by Us;
iv. Regarding the results that may be obtained from using Our products or services.
GOVERNING LAW
These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, this website, and/or any certificates shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Member or Member’s Guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Us or Our associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Member or Member’s Guest initiates an action at law or in equity and We prevail, that Member or Member’s Guest shall pay all costs incurred by Us defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
CLASS ACTION WAIVER
SUBSCRIBER AND ARRIVIA 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 SUBSCRIBER NOR ARRIVIA 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 SUBSCRIBER OR WG Cruise & Travel Collection ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND ARRIVIA FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUBSCRIBER, WG Cruise & Travel Collection, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
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.
TRAVEL INSURANCE PLANS
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services (“CSA”). Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, 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. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. 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. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA'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.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states where We carry Our own producer license, or equivalent, the license numbers are (AL 775746; AZ 1800013059; CT 2485378; HI 447049; ID 593498; MA 2151891; MI 0111010; MT 100129788; NY 1279084; OH 1128528; PA 868900; SC 210204; WV 100231297).
Telephonic Communications and Agreement to be Contacted
Recording and Monitoring. You acknowledge that telephone calls to or from Us to You may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not Your own. If We discover that any information provided in connection with your registration is false or inaccurate, We may suspend or terminate Your account at any time. Should any of your contact information change, including ownership of Your telephone numbers, You agree to immediately notify Us before the change goes into effect by texting STOP to quit any text message, and for HELP call 855-678-8731, or email Us at legalaffairsrequest@arrivia.com.
Your Consent to Receive Automated Calls and Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive recurring artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Arrivia, Inc. d.b.a. ATTN Traveler related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. Message and Data Rates may apply. You acknowledge that automated calls or text messages may be made to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree that We may obtain, and You expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by You or Your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Us, even if You cancel your account or terminate your relationship with Us, except if You opt-out (see below). You understand that You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Text STOP to quit to any text message and for HELP call 855-678-8731, or email Us at legalaffairsrequest@arrivia.com. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message You receive, for Help call 855-678-8731, or email legalaffairsrequest@arrivia.com and specify that You want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming Your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which You are subscribed. If You would like to stop messages from multiple shortcodes, text STOP to each shortcode to which You would like to unsubscribe. To opt-out of automated voice calls (not text messages), You must (i) call 855-678-8731 or send with written notice to legalaffairsrequest@arrivia.com revoking Your consent to receiving automated calls; and (ii) in Your notice, You must include your full name, mailing address, account number, and the specific phone number(s) for which You wish to stop automated calls. It is Your sole responsibility to notify Us if You no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls or text messages, We reserve the right to make non-automated calls to You.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Us. However, You may incur a charge for these calls or text messages from Your telephone carrier, which is Your sole responsibility. Check Your telephone plan and contact Your carrier for details. You represent and warrant that You are authorized to incur such charges and acknowledge that We are not responsible for such charges. Message and Data Rates may apply.
Unauthorized Use of Your Telephone Device. You must notify Us immediately of any breach of security or unauthorized use of Your telephone device. Although We will not be liable for losses caused by any unauthorized use of Your telephone device, You may be liable for Our losses due to such unauthorized use.
Your Indemnification of Us. You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to Your voluntary provision of a telephone number that is not owned by You and/or Your failure to notify Us of any changes in Your contact information, including telephone number. You agree to indemnify, defend and hold Us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at Your expense, to defend any such claims.
Release of Claims. In consideration of the services provided by Us, You hereby release Us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service. OFAC and Export Control
TRAVEL SANCTIONS AND REGULATIONS
The United States Department of the Treasury through the Office of Foreign Assets Control ("OFAC") has issued comprehensive sanctions against various countries, currently and specifically: Cuba; Russia, Ukraine, Iran, North Korea, and Syria. Additionally, We are prohibited from doing business with anyone who is identified on the OFAC maintained Specially Designated Nationals and Blocked Persons List (“SDN”), and or any other similar lists published by OFAC (collectively, the “Lists”).
These sanctions and Lists limit the ability for Us, Our affiliates and Our travel suppliers, vendors and related companies to conduct business with these countries and their citizens, and any individuals on the Lists.
For this reason, We will be unable to accept Your enrollment or purchases online, on the phone, or via any other source, unless You can satisfy the following conditions:
Are a citizen in a non-sanctioned country;
Provide proof of residency in a non-sanctioned country AND evidence that you are funding the purchase, including all onboard charges, through a bank associated with a non-sanctioned country; and
Are not named on any economic or trade sanction lists including but not limited to the Lists published by OFAC.
In the event we need to verify the above information, You agree to provide the necessary information to Us in order to verify that We are not prohibited from providing products and services to You, otherwise We are unable to provide products or services to You.
SUSTAINABILITY COMMITMENT
We are committed to environmentally sustainable practices and encourage Our customers to consider the same. We have adopted many business practices and policies to further Our commitment and help combat climate change by minimizing Our global emissions, increasing our recycling efforts, and promoting efficiency in travel and transportation. To ensure You are being environmentally conscience while traveling, please seek to use reusable water bottles, support accommodation provider initiatives to reuse sheets and towels, turn off all lights and air conditioning units when not needed and when leaving your room for long periods, and stick to designed paths when hiking to preserve natural habitats. We thank you for your cooperation in supporting Our commitment to sustainable practices.
COVID-19 NOTICE
An inherent risk of exposure to Covid-19 (“COVID”) exists in all places where people are present. COVID is extremely contagious and can lead to severe illness, disability, and/or death. According to the Centers for Disease Control and Prevention (“CDC”), individuals with underlying medical conditions and/or older adults are especially vulnerable. By visiting any destination, property, or by traveling on any vehicle, airplane or cruise ship, you voluntarily assume all risks related to exposure to COVID and agree to adhere to health and safety protocols that may be required by law, the travel provider, property manager, cruise operator, including, but not limited to, social distancing measures, face mask requirements, health screenings, proof of vaccination and COVID testing, which may change from time to time and for which you may incur additional fees. Travel providers, including but not limited to cruise lines, may in their sole discretion, modify, cancel or reschedule any travel plans or arrangements for reasons due to COVID or otherwise. The CDC publishes travel advice, warnings and recommendations related to COVID, which along with the travel providers website should be reviewed before travel.
COVID-19 REQUIREMENTS FOR CRUISE TRAVEL
COVID TESTING & VACCINATION REQUIREMENTS
Cruise lines may require guests to test for COVID and/or show proof of vaccination, on or before embarkation. Please verify the cruise line's requirements by completing your pre-cruise registration and visiting the cruise line's website. Failure to do so at least 14 days prior to departure may result in your booking being cancelled or denied boarding with no refund.
COVID RESTRICTIONS BY PORT
It's important for guests to familiarize themselves with the health & safety protocols for all ports visited during their cruise. Refer to the cruise line's website for details, restrictions, or any changes to the itinerary. Failure to comply with applicable COVID vaccination/testing requirements could result in denied boarding with no refund.
TRAVEL INSURANCE
Depending on the cruise line and ship, guests 12 years or older that are NOT vaccinated may not be permitted to travel or may require proof of Travel Insurance upon check-in. Failure to provide proof will result in denied boarding with no refund. Please contact the cruise line directly for regulations.
Also, it is imperative that you provide your direct contact information to the cruise line via your pre-cruise registration so they can advise you of any lastminute changes with regard to vaccination/testing requirements and/or changes to your sailing.
ADDITIONAL CRUISE AND RESORT CERTIFICATE TERMS AND CONDITIONS
The following additional cruise and resort certificate terms and conditions govern the use and redemption of a cruise and resort certificates 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 cruise certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable cruise line and resort terms and conditions and policies and procedures.
Cruise Certificate Redemption: Cruise certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website or calling us at the above number. Cruise certificates are valid for one (1) inside cabin for two (2) Passengers on select cruise itineraries, subject to the exclusion and limitations stated herein. Length of cruise can be found on the front of the cruise certificate or on our website under “My Certificates”. Redemption fees, booking fees, fuel surcharges, government fees, taxes, port expenses, airfare, transportation, travel insurance, and any other charges associated with the cruise are not included. Redeemer is responsible for all charges incurred in excess of the certificate offer, including, onboard incidentals, alcoholic and certain non-alcoholic beverages, gratuities, ground transportation, personal expenses, utility or security deposits, and other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities. We reserve the right to charge additional fees related to the redemption of certificates in our discretion. Airfare, travel insurance, third and fourth guest fares, cabin upgrades, cruise upgrades and extension of length of cruise, when available, may be purchased at the time of the cruise booking for additional fees. Cruise certificate offer only valid to purchasers and Redeemers residing in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Cruise certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees or family members associated with the party distributing the certificates. Cruise certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. Redeemer must book the cruise, regardless of the travel date, on or before the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Cruise certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed cruise certificates have no value. We are not responsible for lost or stolen cruise certificates. Lost or stolen cruise certificate(s) may be replaced at our sole discretion. If we elect to replace a lost or stolen cruise certificates, processing fees may apply. Photocopies of cruise certificates or other reproductions will not be honored. Cruise certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Cruise certificate is void if resold for cash or other consideration. In the event the cruise booking is used by guests only, and not the Redeemer, additional charges may apply. Cruise lines, itineraries and sail dates offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Cruise certificate(s) may not be combined with any other offer relating to the same accommodations. All cruise line and cruise ship restrictions and rules apply, including arrival and departure times. We are not responsible for notifying travelers of any cruise line and/or cruise ship changes.
Booking Cancellations: In the event cancellation of a booked cruise becomes necessary by Redeemer, You should call customer service immediately at 1-800-572-6169 or submit the cancellation by providing a written notice to:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
All booking cancellations must be received by OVC in conformance with our Terms and Conditions and with cruise line terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any cruise line cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a cruise certificate.
Resort Certificate Redemption: Resort certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website, or calling us at the number above. Resort certificates are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room, studio, one-bedroom, one-three 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 front of the resort certificate or online under “My Certificates”. Resort certificate offer includes only accommodations and specifically excludes redemption fees, taxes, travel costs, travel insurance and other expenses that may be incurred such as personal expenses, security deposits, and other fees and charges levied by the resort/hotel such as all-inclusive fees. Airfare or any ground transportation is not included. Any personal taxes associated with the redemption of the resort stay certificate, is the responsibility of the Redeemer. We reserve the right to charge additional fees related to the redemption of certificates in our discretion. Redeemer is responsible for all acts or omissions of Redeemer and/or Guests and for any damages caused or expenses incurred by Redeemer and/or Guests. Other restrictions may apply. Some resorts may require an all-inclusive fee. Resort certificate offer only valid to purchasers and Redeemers residing in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Resort certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees or family members associated with the party distributing the certificates. Resort certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. 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 will not be extended past the expiration date for any reason. Resort certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed resort certificates have no value. We are not responsible for lost or stolen resort certificates. Lost or stolen resort certificate(s) may be replaced at Our sole discretion as it may determine. If we elect to replace a lost or stolen resort certificate, processing fees may apply. Photocopies of resort certificates or other reproductions will not be honored.] Resort certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Resort certificate is void if resold for cash or other consideration. In the event the resort stay is used by Guests only, and not the Redeemer, additional charges may apply. 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. All resort/hotel restrictions and rules apply. Attendance at a sales presentation is not required.
Booking Cancellations: In the event cancellation of a booked resort/hotel becomes necessary by Redeemer, call us immediately at 1-800-572-6169 or submit the cancellation by providing a written notice to:
WG Cruise & Travel Collection Attn. Cancellations, 15147 N. Scottsdale Road, Suite 210 Scottsdale, AZ 85254
All booking cancellations must be received by OVC in conformance with the Terms and Conditions and with resort/hotel terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any resort/hotel cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a resort stay certificate.
