These WG Cruise & Travel Collection Subscription-Membership (“Subscription”) Terms and Conditions of Arrivia, Inc., also doing business as WG Cruise & Travel Collection under contract to Central Florida Investments, Inc. (WG Cruise & Travel Collection) (collectively, “We” “Us” “Our”), set forth a legally binding contract between WG Cruise & Travel Collection and each person who has the legal right to own, occupy or use accommodations in a WG Cruise & Travel Collection resort (“Vacation Ownership”)
WG Cruise & Travel Collection purchases, benefits and transactions are administered and fulfilled by Arrivia, Inc. and its affiliates (Arrivia) d.b.a. Our Vacation Center ("OVC") and d.b.a. Westgate Cruise & Travel Collection, (collectively, “We” “Us” “Our”) under contract with Westgate Resorts. Arrivia is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. Arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192, Iowa #1324, and California #CST 2066521-50. 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.
To become a subscribing-member (“Subscriber(s)”), 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.
a) WG Cruise & Travel Collection Subscriptions provide Subscribers the ability to use loyalty points (“Travel Savings Credits”) for steeply discounted cruises, resorts, hotels, experiential vacations, and tours.
b) All Subscribers may purchase cruises, resorts, hotels, experiential vacations, and tours at the Best Value Guaranteed rates.
c) Subscribers also have access to preferred hotels and resorts, Great Getaway vacations, and the ability to earn and redeem Travel Savings Credits on many such purchases.
e)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.
a) The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. WG Cruise & Travel Collection will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee, as applicable . So long as Subscriber complies with all of the terms of the Subscription Enrollment and Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
b) In return for receiving the Subscription Benefits, 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 Subscriber is 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 WG Cruise & Travel Collection. 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. 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.
c) 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.
d) Subscriber may cancel the Subscription as follows:
i. 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,
7720 N. Dobson Rd.,
Scottsdale, AZ 85256
Cancellation requests postmarked later than ten (10) days after the enrollment date will not be subject to no refund.
ii. 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,
7720 N. Dobson Rd.,
Scottsdale, AZ 85256
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 THE REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
iii. 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 providing WG Cruise & Travel Collection written notice of cancellation to:
WG Cruise & Travel Collection Attn. Cancellations,
7720 N. Dobson Rd.,
Scottsdale, AZ 85256
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 WG Cruise & Travel Collection call center at 1-800-572-6169 or on-line at www.westgatecruiseandtravel.com.
b) The Best Value Guarantee (“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.
a) 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.
b) 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.
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. 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.
e) 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.
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. 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.
g) 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.
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 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.
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 WG Cruise & Travel Collection unless that Subscriber gives the vacation confirmation to a friend or family Subscriber by requesting a Guest Certificate (“Guest Certificate”). WG Cruise & Travel Collection 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) WG Cruise & Travel Collection 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.
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. WG Cruise & Travel Collection 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 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.
c) 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.
d) 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.
e) A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
a) 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.
b) Subscribers must cancel Confirmations by notifying WG Cruise & Travel Collection in writing at 7720 N. Dobson Rd., Scottsdale, AZ 85256. Cancellation will be effective on the date of receipt by WG Cruise & Travel Collection. 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 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.
d) 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.
a) Subscribers may earn and redeem WG Cruise & Travel Collection loyalty points (“Travel Savings 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 Savings Credits will be credited to the Subscriber’s account and may be redeemed as a form of partial payment for subsequent WG Cruise & Travel Collection travel transactions. To be awarded or to redeem Travel Savings 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.
b) Earning Savings Credits. Each Subscriber will be awarded an initial amount of Travel Savings Credits upon enrollment, and additional Savings Credits may be awarded on qualifying travel or membership transactions. The Subscriber will be awarded Travel Savings Credits when purchasing on non-package air travel or rental car 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 Savings 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 Savings Credits awarded will vary at WG Cruise & Travel Collection’s sole discretion. Travel Savings Credits awarded on travel transactions will be added to the available balance in your 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 Savings 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.
c) Redeeming Savings Credits. Savings Credits have no actual cash value, but may be redeemed towards partial payment, at time of checkout, to the net amount of eligible travel or other Us transactions, whether purchased online or offline through Us, whether purchased online or offline. Travel Savings 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 offering specifies the number of Travel Savings 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 Savings Credits as it has in the WG Cruise & Travel Collection account, up to the amount specified for any particular product or service. Travel Savings 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. Savings Credits redemptions may not be combined with any other discount or promotion.
d) Cancellations. If You cancel your product or travel purchase with Us outside of any applicable penalty periods, any Savings Dollars redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Savings Dollars occurs within a penalty period, Savings Dollars may be applied against penalty after any cash used in the purchase of that travel booking. If any portion of Savings Dollars remains after penalty is paid, the remaining Savings Dollars may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Savings Dollars awarded may be withdrawn at Our sole discretion.
e) Limitations, Variations, and Inactivity. The usage of Travel Savings 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 Savings 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 Savings Credits may not be used to pay reinstatement or reactivation fees. WG Cruise & Travel Collection reserves the right to cancel or withdraw all Savings 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.
f) Cancellation and Termination. Unredeemed Travel Savings Credits expire upon at the end of the Subscriber’s WG Cruise & Travel Collection subscription or any renewal thereof. Travel Savings Credits have no cash value and are not transferable.
g) Customer Service. The Subscriber should contact the WG Cruise & Travel Collection call center at 1-800-572-6169 if it believes there are any Travel Savings Credits amounts that have not been credited to the appropriate WG Cruise & Travel Collection account or for any questions related to available Travel Savings Credits balance.
a) Subscribers hereby permit their inbound telephone conversations with WG Cruise & Travel Collection representatives to be tape-recorded and/or monitored for training and quality control purposes.
b) Processing fees may be charged and are subject to change, from time to time, at the sole discretion of WG Cruise & Travel Collection without prior notice. Additional service fees may also be charged as detailed in these Terms and Conditions.
c) A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into WG Cruise & Travel Collection 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 discretion of WG Cruise & Travel Collection. Travel Savings Credits may not be used as a form of payment for the Call Center Fee.
d) Any Certificates issued to you as part of a Subscription enrollment, or otherwise, may require a redemption fee that will be charged when booking the respective travel. The redemption fee may vary from time to time in the sole discretion of Privileges. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
e) Depending on the type of Subscription Enrollment 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.
f) A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
g) 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.
h) 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.
i) 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.
j) 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 recovery 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 suppliers, including, but not limited to:
i. 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;
ii. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
iii. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
Our suppliers may require you to put a payment method on file upon check in to pay these and/or other charges directly to the supplier upon check out. Contact the supplier directly to determine what charges apply to your reservation.
Additionally, suppliers 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 supplier with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.
k) If Subscribers and Subscribers’ guests should incur loss or damages through use of any benefit under the Subscription, WG Cruise & Travel Collection’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 WG Cruise & Travel Collection be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of WG Cruise & Travel Collection. In no event will WG Cruise & Travel Collection 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.
l) 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 WG Cruise & Travel Collection 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.
m) Vacation Cash
Vacation Cash may be applied towards the purchase of future cruise, hotel, car, resort, or air purchases made over the phone with Us only. Limitations apply when redeeming Vacation Cash for air travel. Vacation Cash may not be used for travel insurance, shipping charges, taxes, or fees. Additional Vacation Cash may not be combined with any other discounts, promotions, or loyalty currency. 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.
n) Programs and services offered through WG Cruise & Travel Collection or by third parties with the permission of WG Cruise & Travel Collection are subject to separate Terms and Conditions and may be changed or eliminated without prior notice.
o) 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.
p) 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.
q) This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Arizona. Venue for any action arising hereunder shall exclusively lie in Maricopa County, Arizona. Subscriber hereby expressly submits himself/herself to personal jurisdiction in the State of Arizona.
r) DISPUTE RESOLUTION POLICY
i. Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in 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.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. 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.
s) 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 decisionLIMITATION OF LIABILITY
t) 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:
i. Regarding the acceptance of any request;
ii. That You will receive the lowest possible price for the products, services, and/or goods We advertise and/or You purchase;
iii. 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.
u) GOVERNING LAW
The Enrollment Application, the Purchaser Acknowledgement, these WG Cruise & Travel Collection Terms and Conditions and Vacation Privileges Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or Subscriber’s guest, whether using any product or service or vacationing with the Subscriber or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Vacation Privileges, OVC or its 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 Subscriber or Subscriber’s guest initiates an action at law or in equity and OVC prevails, that Subscriber or
v) CLASS ACTION WAIVER: (i) SUBSCRIBER AND WG Cruise & Travel Collection 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 WG Cruise & Travel Collection 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 WG Cruise & Travel Collection 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. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
w) 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 18000130591099672; CT 2485378; HI 447049; ID 593498; MA 20177792045853; MI 0111010; MT 100129788; NY 1279084; OH 1128528; PA 794952; SC 210204; WV 100231297).
x) 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.
Call Recording and Monitoring. You acknowledge that telephone calls to or from us 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.
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; Crimea Region of 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:
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(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 1-800-572-6169 or submit the cancellation by providing a written notice to:
WG Cruise & Travel Collection Attn. Cancellations,
7720 N. Dobson Rd.,
Scottsdale, AZ 85256
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(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,
7720 N. Dobson Rd.,
Scottsdale, AZ 85256
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.
Updated March 30, 2020