Lifestyle Xperiences 365
Terms & Conditions
These Lifestyle Xperiences 365 (“LX365”) Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between Arrivia, Inc., d.b.a. Our Vacation Center ("OVC"), and d.b.a. Lifestyle Xperience (collectively, “Arrivia”, “We” “Us” “Our”) and each LX365 member (a “Member,” “Subscriber,” “You,” or “Your) who enrolls into the subscription, and/or purchases products and services through the LX365. 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 XR365 (collectively "Provider Terms"). By purchasing products and services through LX365, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the LX365 subscription membership set forth in the LX365 Subscription Agreement and Subscription Receipt and Enrollment (“Membership”), as applicable, which are incorporated herein, and Member 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 LX365 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.
The marketing entity for the LX365 program is Mexico Destination Club (“MDC”). No real estate or a timeshare membership has been purchased hereunder. All matters related to the LX365 marketing process made by MDC, shall be governed by the MDC’s jurisdiction. The courts of the MDC location shall have the exclusive jurisdiction in any action to enforce, modify or nullify the decision of an arbitrator and the parties expressly waive their rights to pursue any claim in any way against the marketing entity or any of its affiliates or agents in any other jurisdiction or venue. Neither MDC, nor any affiliate or agent of MDC is responsible for the fulfillment of the LX365 program.
LX365 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.
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 18000130591; CT 2485378; HI 447049; ID 593498; MA 21518913; MI 0111010; MT 100129788; NY 1279084; OH 1128528; PA 868900; SC 1911601634; WV 100231297).
PROVISION OF INFORMATION
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While We make reasonable efforts to ensure that this information is accurate and complete, We expressly disclaims liability for inaccurate, incomplete, or misleading information.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These Terms and Conditions are subject to change at Our discretion without prior notice. By purchasing products and services through LX365, 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.
NO COMMERCIAL 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.
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 Member 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 LX365.
All products and services offered through LX365 are available for purchase for LX365 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 LX365. Member participation may be denied if Membership is not in good standing.
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, fuel surcharges, and taxes 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.
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:
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 travel provider directly to determine what charges apply to your reservation.
Additionally, 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.
TRANSACTION FEES; CERTIFICATE REDEMPTION
All fees and charges are stated and payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location.
Our products and services may be purchased with any valid credit card. If using a debit card, Member 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 Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but LX365 reserves 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.
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.
Member may initially be awarded LX365 Cruise Rewards (“Cruise Rewards”) upon Membership enrollment, and on the anniversary of Your LX365 account. Cruise Rewards will be credited to the Membership account and may be redeemed towards partial payment for cruise bookings on www.xperiences365.com. Member must be in good standing with Members home resort and maintain the Membership account in good standing to earn or to redeem Cruise Rewards.
Earning Cruise Rewards. Member may be awarded an initial amount of Cruise Rewards upon Membership enrollment and annual Membership anniversary Cruise Rewards will be awarded after annual Membership fees have been paid. Cruise Rewards award amount will vary at LX365’s sole discretion. Membership anniversary awards will be applied on the anniversary of Member activation date with LX365. The Cruise Rewards award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of LX365, and without prior notice to Member. Other restrictions may apply.
Redeeming Cruise Rewards. Cruise Rewards have no actual cash value, but may be redeemed towards partial payment, at time of checkout, to the net amount of cruise bookings, whether purchased online or offline through Us. Cruise Rewards may not be redeemed toward payment of any taxes, fees, travel insurance, shipping, or handling charges. Each of Our available products will specify the maximum amount of Cruise Rewards, if any, that may be redeemed towards partial payment in the description of the product or service. Member may redeem as many Cruise Rewards as Member has available in Member’s account, up to the amount specified for any cruise booking prior to purchase or booking. Cruise Rewards may only be redeemed by the primary Member(s) listed on the Membership account, upon verification of the Membership information by an LX365 representative. Earnings, redemption options and schedules are available online at Xperience365.com or by calling 1-855-789-6134. Cruise Rewards redemptions may not be combined with any other discount or promotion.
Purchase Cancellations. If You cancel your product or travel purchase with Us outside of any applicable penalty periods, any Cruise Rewards redeemed to cruise bookings may be refunded to the Member’s account. If cancellation of cruise booked using Cruise Rewards occurs within a penalty period, Cruise Rewards may be applied against penalty after any cash used in the purchase of that travel booking. If any portion of Cruise Rewards remains after penalty is paid, the remaining Cruise Rewards may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Cruise Rewards awarded may be withdrawn at Our sole discretion.
Limitations, Variations, and Inactivity. The usage of Cruise Rewards for redemption, including minimums and maximums, are subject to change at Our sole discretion, and without prior notice to Member. Membership accounts with Cruise Rewards balances of less than $10 that have not had any online or offline activity for two years may be closed at Our sole discretion. Membership may be suspended if Member does not remain in good standing with LX365 or with the Membership, and LX365 may impose a reasonable fee for reinstatement or reactivation. Cruise Rewards may not be used to pay reinstatement or reactivation fees. We reserve the right to cancel or withdraw all Cruise Rewards in a Member’s account if the Member does not remain in good standing with LX365 or with the Membership for ninety (90) days or more.
Expiration and Termination. Cruise Rewards are only valid for twelve (12) months from the date of issuance to You. Unredeemed Cruise Rewards expire upon the termination of the Membership or any renewal thereof. Cruise Rewards have no cash value and are not transferable.
Customer Service. Please contact LX365 customer service at 1-855-789-6134 if Member believes there are Cruise Rewards that have not been credited to Member’s account or for any questions related to the available Cruise Rewards balance.
Reward Credits may be earned and applied towards the purchase of tour, hotel, resort, car and other qualified purchases made over the phone with Us or online www.xperieinces365.com only. Reward Credits may not be used for travel insurance, shipping charges, taxes or fees. Additional Reward Credits may not be combined with any other discounts, promotions or loyalty currency. Reward Credits have no cash value and expire if not used within 10 years of its issuance, as long as the LX365 account remains active. In the event that you cancel your booking that was made using any amount of Reward Credits, the Reward Credits will be the last funds applied against any cancellation penalty, as applicable.
The fees assessed by Us 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 Us. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Member must cancel any travel booking, please contact LX365 concierge immediately at 1-855-789-6134, or in writing at the following address:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by Us. 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.
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.
SUBSCRIPTION TERM; ENROLLMENT; PAYMENT; AND 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:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85256
or by email at firstname.lastname@example.org, 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 result in no refund.
Members renewing the introductory or premium 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:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
or by email at email@example.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. NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THEIS CONTRACT.
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
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.
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.
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.
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.
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 We prevail, that Member or Member’s Guest shall pay all costs incurred by LX365. and/or OVC defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
CLASS ACTION WAIVER
MEMBER AND WE 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 WE 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 LX365 ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND WE 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, US, 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.
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:
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, officers, directors, employees, agents, business partners, suppliers or vendors or any companies offering products or services through Us (which are benficiareis 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.
Telephonic Communications and Agreement to be Contacted
Call 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 any text message, calling Us at 855-678-8731, or email Us at firstname.lastname@example.org .
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Us related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. 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. 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, call Us at 855-678-8731, or email email@example.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 firstname.lastname@example.org 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.
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.
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:
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.
Members 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.
The following terms and conditions apply to purchases of travel or travel services. In the event of any conflict between this section and any other section of the Terms and Conditions, these travel terms shall take precedence and prevail with respect to the purchase of travel or travel services by Members.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by LX365 or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member 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 the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s 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 LX365 concierge immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate. We will not be held responsible for any fees levied on the Member as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the member.
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 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. LX365 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 services.
Travel Documents. Booking Confirmations and Vouchers 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 overnight to the billing address of the credit card provided by Member approximately two 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 LX365 concierge 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. LX365 urges passengers 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, LX365 AND/OR OVC 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 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, call customer service immediately at the number above or submit the cancellation by providing a written notice to: at 1-855-789-6134, or in writing at the following address:
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 and two-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 at 1-855-789-6134, or in writing at the following address:
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.