Westgate Cruise & Travel Collection Membership Terms & Conditions
These Westgate Cruise & Travel Collection Subscription-Membership (“Subscription”) Terms and Conditions of International Cruise & Excursion Gallery, Inc. (“ICE”), also doing business as Westgate Cruise & Travel Collection (“WGCTC”) under contract to Central Florida Investments, Inc. (Westgate) set forth a legally binding contract between WGCTC, Westgate, and each person who has the legal right to own, occupy or use accommodations in a Westgate resort (“Vacation Ownership”).
2. ENROLLING IN THE SUBSCRIPTION-MEMBERSHIP
To become a subscribing-member (“Subscriber(s)”), a properly completed WGCTC Subscription (“Subscription(s)”) enrollment form must be provided to WGCTC. WGCTC reserves the right to refuse enrollment to anyone for any reason whatsoever.
3. THE WESTGATE CRUISE & TRAVEL COLLECTION
a) WGCTC Subscriptions include a subscription to Privileges Magazine and a membership affording Subscribers the ability to use loyalty points (“Travel Credits”) for steeply discounted cruises, experiential vacations, and tours, and the ability to purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, and airfares.
b) All Subscribers may purchase cruises, experiential vacations, and tours at Price Match Guaranteed rates.
c) Subscribers also have access to preferred hotels and resorts, access to Great Getaway vacations, and the ability to earn and redeem Travel Credits on many such purchases.
d) Privileges Magazine is provided to Subscribers from time to time in electronic format and on-line atwww.westgatecruiseandtravel.com. Subscribers can request a paper version by calling Subscriber Services at WGCTC’s toll free telephone number. A nominal fee will be charged for such requests to cover the cost of shipping.
e) WGCTC is only responsible for written representations that it makes concerning Westgate and the Subscription and is not responsible for any verbal representations or written representations made by any other person. Only WGCTC, its authorized representatives, and its designated licensees can perform the obligations of WGCTC under these Terms and Conditions.
4. TERM, RENEWAL, AND CANCELLATION
a) The Subscription, and the benefits afforded Subscribers, shall be provided to the Subscriber for the term of the Subscription purchased (as indicated on the Subscription enrollment form or Purchase Receipt) and any renewal thereof, unless terminated by under these Terms and Conditions.
b) Subscriber may renew a Subscription. Renewals will be accepted from those Subscribers who are current with all Subscription payments, are in good standing with Westgate, and are in compliance with these Terms and Conditions.
c) In the event Subscriber allows the Subscription to lapse, a reinstatement fee shall be payable to WGCTC before the Subscription is renewed and Subscriber can use any benefits of the Subscription.
d) Subscriber may cancel the initial Subscription by providing WGCTC written notice of cancellation to Westgate Cruise & Travel Collection, 15501 North Dial Boulevard, Scottsdale, Arizona, 85260-1615, within thirty (30) days of the enrollment date set forth on the Subscription enrollment form. Cancellation requests received more than thirty (30) days after the enrollment date, and all requests from Subscribers whose Subscription fees were paid by their Vacation Ownership resort, are not entitled to a refund.
5. VACATION PURCHASES
a) Subscribers, during the term of their Subscription, have the ability to purchase Price Match Guaranteed cruise vacations, hotels stays, and resort vacations. Subscriber may purchase such travel by calling the WGCTC call center at 1-800-572-6169 or on-line at www.westgatecruiseandtravel.com.
b) The Price Match Guarantee (“PMG”) 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 WGCTC. WGCTC 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. PMG is valid for the cruise fare only at the time of booking.
6. USE OF VACATION ACCOMMODATIONS
a) Subscribers must have their Subscriptions paid in full through the last date of their travel or accommodation. Subscriptions that expire prior to the date of travel will be collected at the time of booking.
b) WGCTC will apply any reasonable restrictions on Subscriber’s vacations as required by Westgate’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers.
c) 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.
d) Information provided to Subscriber about cruises, resorts, experiential vacations, and hotels, is based on information obtained from the providers of such. WGCTC makes reasonable efforts to ensure that information provided to WGCTC is accurate and complete as of the date such information is published by WGCTC; however, WGCTC expressly disclaims any liability for inaccurate, incomplete, or misleading resort and cruise information.
e) The total number of people occupying any vacation accommodations or participating in any tours confirmed by WGCTC must not exceed the maximum occupancy set forth in the WGCTC 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.
f) 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. Port fees, taxes, and handling charges for cruises are paid in advance to WGCTC. 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 Westgate in this regard.
g) Subscribers and Subscribers’ guests must occupy and use any accommodations received from WGCTC in a responsible, careful and secure manner. Subscribers are responsible for all damage, theft or loss caused by Subscribers and Subscribers’ guests.
h) 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.
i) 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 WGCTC. WGCTC 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 WGCTC with written confirmation that all obligations of the Subscriber have been fulfilled.
a) None of the Subscription benefits may be used for any commercial purpose, including rental or sale or barter. A vacation confirmation may only be used by the Subscriber who receives it from WGCTC unless that Subscriber gives the vacation confirmation to a friend or family Subscriber by requesting a Guest Certificate (“Guest Certificate”). WGCTC reserves the right to charge an administration fee for issuance of Guest Certificates.
b) Guest Certificates are non-transferable and may only be used by the individual(s) named on the Certificate and their guests and may not be used by persons under the age of twenty-one (21). Other age restrictions may apply.
c) Subscribers are responsible for all acts and omissions of their guests and for any damages caused or expenses incurred by their guests.
d) WGCTC will fully refund any Guest Certificate fees, if charged, when a Guest Certificate is canceled more than seventy (70) days prior to the beginning date of the confirmed vacation. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed vacation are not eligible for refund.
8. IDENTIFICATION AND CONFIRMATIONS
a) 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. WGCTC assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements.
b) Vacation Confirmations (“Confirmations”) are valid only if issued in writing by WGCTC. Subscriber is responsible for verifying al details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying WGCTC 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.
c) If confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond WGCTC’s control, you waive any and all claims against Westgate.
d) WGCTC 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 WGCTC vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies may apply.
e) A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
9. CANCELING VACATIONS, AND/OR RESERVATIONS
a) WGCTC 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 expired.
b) Subscribers must cancel Confirmations by notifying WGCTC in writing at 15501 North Dial Boulevard, Scottsdale, Arizona, 85260•1615. Cancellation will be effective on the date of receipt by WGCTC. Changes to a Confirmation may be considered a cancellation subject to re-booking and additional changes or cancellation fees may apply.
c) All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any WGCTC Deposits. A WGCTC 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.
10. LOYALTY PROGRAM
a) Subscribers may earn and redeem WGCTC loyalty points (“Travel Credits”) during their Subscription. Earnings and redemption options and schedules are available on-line at www.westgatecruiseandtravel.com or by calling the WGCTC call center at 1-800-572-6169.
b) Subscribers may receive bonus Travel Credits upon initial enrollment.
c) Subscribers may redeem Travel Credits as partial payment for cruise vacations,experiential vacations, tours and hotels stays.
d) Unredeemed Travel Credits expire at the end of Subscriber’s Subscription or any renewal thereof.
e) Travel Credits have no cash value and are not transferable.
f) Travel Credit redemptions may not be combined with any other discount or promotion.
g) Travel Credits will be reinstated in the event of a cancellation per Section 9 above.
a) Subscribers hereby permit their inbound telephone conversations with WGCTC representatives to be tape-recorded and/or monitored for training and quality control purposes.
b) WGCTC may, on occasion, offer products and services through telephone and/or e-mail solicitations. Subscribers consent to such telephone solicitation, including, but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Further, Subscribers acknowledge their consent to be informed of such products and services even if your Subscription has been suspended or has otherwise expired or terminated.
c) A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
d) Replacement or additional Subscription cards will be provided to Subscribers upon request. Subscriber maybe required to pay a $5 per card processing fee to cover the associated costs.
e) If Subscribers and Subscribers’ guests should incur loss or damages through use of any benefit under the Subscription, WGCTC’s liability for such loss or damage will be limited to the injured party’s fees paid for the Subscription or vacation in which such loss or damage occurred, and in no event will Westgate or WGCTC be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of Westgate and WGCTC. In no event will Westgate or WGCTC be liable for any negligent or intentional action or failure to act, or for any injuries or losses arising from the accommodations of any resort, hotel, cruise, experiential vacation, or tour provider or from any other travel related product or service provided to Subscriber directly.
f) These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating vacations may be changed from time to time by WGCTC in its sole and absolute discretion without prior notice to Subscribers. Current Terms and Conditions, Subscription fees, benefits, and procedures can be reviewed online at www.westgatecruiseandtravel.com, which shall supersede all other WGCTC Subscription Terms and Conditions.
g) Programs and services offered through WGCTC or by third parties with the permission of WGCTC are subject to separate Terms and Conditions and may be changed or eliminated without prior notice.
h) Failure to comply with these Terms and Conditions or failure to pay any sums owed to WGCTC, 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.
i) Programs, products, and services offered through WGCTC or by third parties with the permission of WGCTC, 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.
j) This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. Venue for any action arising hereunder shall exclusively lie in Orlando, Orange County, Florida. Subscriber hereby expressly submits himself/herself to personal jurisdiction in the State of Florida.
k) EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, ANDINTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS,COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTIONWITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIRAFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHERSUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OFTORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING.
l) In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to the recovery of all court costs and attorneys’ fees inclusive of court costs and attorneys’ fees incurred in any appellate proceedings. l) The Seller of all travel and travel products is WGCTC located at 15501 North Dial Boulevard, Scottsdale, Arizona, 85260-1615. Florida Seller of Travel Registration #ST-29452; California Seller of Travel Registration #CST 2066521-50; Nevada Seller of Travel Registration #200070147; Washington Seller of Travel Registration UB# 602 443 155 001 0001; and Hawaii Seller of Travel Registration #TAR-5192.
m) Westgate and WGCTC 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.