These Terms and Conditions of Use (“Use Terms”) govern the use of the reservation services (“Reservation Services”) provided hereunder, and constitute an agreement between the Participant and the Service Provider (the “Agreement”).
Authorized Users: An “Authorized User” or “User” means a person that has received an entitlement (“Entitlement”) to use these Reservation Services from a subscribing entity (“Subscriber”).
Host Provider: A “Host Provider” is any entity engaged by the Service Provider for the provision of an end-user service (i.e. Resort Lodging Accommodations, Cruise accommodations, Hotel accommodations, Tour Packages, Sporting events, etc.).
Participant: A “Participant” means any person, including, without limitation, Users, User guests, and guests of User’s guests, that utilizes any product or service offered through these Reservation Services.
Reservation: A Reservation is described as travel accommodations purchased through the Service Provider and/or a Host Provider as a consequence of using these Reservation Services.
Service Provider: The “Service Provider” is the entity providing these Reservation Services. The Service Provider is a technology partner and travel aggregator. The Service Provider has been engaged by the Subscriber for the purpose of offering these Reservation Services to Subscriber’s customers. Advantage Services is the “Service Provider” of these Reservation Services.
Registration: Before Users can receive service, the Authorized User must “Register” with the Reservation Services website. Registration is completed using one of the following methods (subject to the Subscriber relationship): (i) When the User completes a Registration form upon first login to the Reservation Services website, or (ii) When Registration occurs automatically through a transfer of electronic data from Subscriber, or (iii) When the User Registers by phone.
Authentication: After Registration, a User is thereafter authenticated to verify their continued Entitlement to the Reservation Services. Authentication is completed using one of the following methods (subject to the Subscriber relationship): (i) When the User entering unique credentials enabling login to the Reservation Services website, or (ii) When Authentication occurs automatically through a transfer of electronic data from Subscriber, or (iii) When the User provides Authentication credentials by phone.
These Reservation Services may include select Resort Lodging Accommodations. Resort Lodging Accommodations availability will not perform as traditional retail hotel room availability performs. Resort Lodging Accommodations are very exclusive and less available than hotel rooms; therefore availability is unpredictable, and expected to change without notice.
When Resort Lodging Accommodations are provided, they are normally listed as 7-night-stays (“Weeks”). Weeks are listed by check-in dates and identified by property name, location, unit size, occupancy maximum and 7-night-stay price. Standard Resort Lodging Accommodations pricing (lodging that is NOT at an “All-Inclusive Mandatory” property) is not based on occupancy, therefore, the price includes up to full occupancy. For Example: If the Week price is $950 for a 2-bedroom unit that sleeps 6, then the per-person equivalent at full occupancy is only $22.62 per-person, per-night ($950 divided by 6 persons, divided by 7 nights).
When Resort Lodging Accommodations are listed as nightly stays, these accommodations are identified by property name, location, unit size, occupancy maximum, check-in date, check-out date, number of nights selected, price per-night and total cost for the selected accommodations.
Housekeeping service at Resort Lodging Accommodations properties may occur weekly; therefore a daily housekeeping service is not always provided with these accommodations.
All-Inclusive Mandatory Lodging: Some Resort Lodging Accommodations will be at “All-Inclusive Mandatory” properties, and will be identified accordingly. All-Inclusive Mandatory properties require a purchase of an All-Inclusive package, which is normally charged on a per-person, per-night rate, and inclusive of meals, beverages, activities, etc. The All-Inclusive fee is in ADDITION to the price paid when purchasing through these Reservation Services, and is collected by the Host Provider upon check- in. In the event an offer is located at an All-Inclusive Mandatory property, this will be indicated in the offer, inclusive of the applicable details. Many travelers prefer All-Inclusive properties. To evaluate the value of an All-Inclusive package, compare the retail costs associated with predicted vacation food, beverage and activities, to the All-Inclusive fees charged by the property for the All-Inclusive package being offered.
Unless otherwise indicated in the offer, all Resort Lodging Accommodations are LODGING-ONLY sales and do not include transportation, gratuities, etc.
Cancellation/Refund Policy: Some Reservations are cancellable and some are not. For example, Resort Lodging Accommodations purchases are not (normally) cancelable or refundable, while other travel purchases (i.e. hotels, cruises, tour packages, etc.) are (normally) cancelable and/or refundable as disclosed at the time of Reservation on a case-per-case basis. In the event the Service Provider allows a cancellation of a Reservation, a Cancellation Fee may be required.
Reservations made electronically (online) shall be considered completed (made, reserved, purchased, etc.) upon the user selecting the offer, entering their Credit Card information into the Internet Credit Card payment gateway and/or when paying for the purchase using Credits, and selecting to complete the transaction (i.e. “continue”, “confirm”, “finish”, “book”, “purchase”, etc.).
Reservations NOT made electronically (not made online) (i.e. Reservations completed by phone, fax, or email) shall be considered completed when the Reservation is offered and accepted.
ALL Reservations:
Cancellation Fees: In the event a cancellation is possible, a Cancellation Fee may be required. The Cancellation Fee for a cancelled Resort Lodging Accommodations Reservation is typically equivalent to a 1-night-stay. The Cancellation Fee for all other Reservations (hotels, cruises, tour packages, etc.) will vary and may include a Service Provider Cancellation Fee and also a Host Provider Cancellation Fee.
Reservation Changes: Some Reservations cannot be changed (accommodation change, itinerary change, etc.). Name Changes may be permitted for Resort Lodging Accommodations Reservations when authorized by the Service Provider, in the Service Provider’s sole discretion, and providing the Host Provider also allows it. A Name Change fee will be required. The possibility of Name Changes for other travel Reservations (i.e. hotels, cruises, tour packages, etc.) and their associated fees will vary on a case-per-case basis.
Lost Reservations Without Refund: Any loss of a Reservation due to a Participant’s failure to comply with the terms/conditions of a Reservation, including, without limitation, occupancy limits, personal identification requirements, international travel requirements, Travel Documents, Host Provider rules/policies, etc. shall be lost without any refund or other consideration. The Service Provider is not responsible or liable, in any manner whatsoever, for Reservations lost due to any act of nature (e.g. hurricane, tropical storm, earthquake, etc.), or act of war, force majeure, or for other reasons beyond the Service Provider’s control.
Travel Insurance: In every case when a Reservation cannot be cancelled, there ARE NO REFUNDS FOR ANY REASONS WHATSOEVER, INCLUDING NON-USE OF THE RESERVATION. Travel Insurance may be purchased from the Service Provider to protect a
Reservation investment.
Collections: In the event the Service Provider is unable to collect any monies owed as required, and in addition to all other remedies available to the Service Provider, the Service Provider reserves the right to cancel other paid Reservations made under the same Reservation Services Entitlement (if any) to the extent necessary to recover the unpaid Reservation Fee and any other applicable fees, including, but not limited to, a Cancellation Fee.
Charge Identification: When making payment by Credit Card, the charge to the Credit Card will show as a charge from “Advantage Services”. Participants are expected to make note of this to avoid a frivolous charge-back due to failure to recognize this charge on the Credit Card statement. Charge-backs and other frivolous Credit Card challenges can result in termination of this Entitlement, legal action and collection activity, among all other remedies available to the Service Provider.
Policy Disclosure: All Reservations made through the Service Provider and/or Host Providers are made under the terms and conditions of this Service Provider Cancellation/Change/Refund Policy. The Service Provider Cancellation/Change/Refund Policy shall apply regardless of any conflict in policy between that stated by the Service Provider and the associated Host Provider. The Service Provider Cancellation/Change/Refund Policy and any associated fees may change at any time without notice. Changes will not apply to Reservations made prior to such changes. All Reservation cancellations are at the Service Provider’s sole discretion.
For most Reservations, the responsible guest must be at least 25 years of age. Additional minimum age requirements are subject to Host Provider rules.
After a Reservation has been made, the Service Provider will provide the Participant with a Reservation Confirmation and other applicable travel documents (“Travel Documents”). Participant must present the Service Provider Travel Documents, as instructed by the Service Provider, upon check-in at the Host Provider accommodations. The Service Provider Travel Documents contain check-in/check-out information and additional terms and conditions particular to each Host Provider accommodations. All Host Provider accommodations retain the right to reassign a visiting Participant to comparable substitute accommodations when necessary.
Check-in problems are extremely rare; however, in the event a Participant encounters a problem with any Reservations, the Participant must contact the Service Provider immediately. If voice mail is reached, a message must be left in the emergency voicemail box with a contact number. The Service Provider monitors this service for after hours and weekend messages. The Service Provider reserves the right to correct any problems prior to any Participant securing alternative accommodations and/or incurring additional costs. The Service Provider is not responsible or liable, in any manner whatsoever, for any expense incurred without prior authorization from the Service Provider. If any accommodations or facilities become unavailable due to any act of nature (e.g. hurricane, earthquake, tropical storms, etc.), act of war, force majeure, or for other reasons beyond the Service Provider’s control, the Service Provider may attempt to arrange alternative accommodations, but has no liability or obligation to do so. Travel Insurance may be purchased to protect the Reservation investment.
Participants, and all Participant guests, are required to occupy Host Provider accommodations in a responsible, careful and secure manner and in accordance with the rules and regulations established by the Host Provider. Violations of Host Provider rules can have severe consequences, including, but not limited to, refusal of occupancy, eviction from accommodations, suspension and/or cancellation of the associated Entitlement, additional remedies available to the Service Provider and/or the Subscriber, and additional remedies available to the Host Provider. Neither the Service Provider, nor the Subscriber, has any obligation to provide any credit and/or other compensation whatsoever to any persons in connection with any loss, including, without limitation, refusal of occupancy and/or eviction from Host Provider accommodations, in connection with failure to comply with Host Provider rules.
Host Provider accommodations may require additional fees, including, but not limited to, fees for the use of certain amenities, services and facilities and/or taxes, key deposit, security deposit, etc., which are
determined by and collected by the Host Provider accommodations, and are the responsibility of the Participant and their guests.
The Service Provider will endeavor to provide access to the Reservation Services website to Authorized Users 24-hours a day, subject to reasonable downtime for maintenance and other causes outside the Service Provider’s control.
The Service Provider is the sole owner, and retains, at all times, all rights, title and interest in the Reservation Services website technology and the Service Provider may also contract for certain additional information technology services, including, without limitation, central reservation systems, independent website hosting, and secure credit card processing gateways (collectively "IT"). Such IT providers are referred to as "the Service Provider Licensors".
IT Acknowledgments:
The Service Provider’s rights in and to the IT shall not be disclosed, made available, sold, assigned, subleased, sub-licensed, conveyed, remarked or transferred to any person, firm or corporation, whether in whole or in part by duplication, modified version, or otherwise, without prior written approval of the Service Provider.
The IT shall be and remain at all times the exclusive property of and is owned by the Service Provider.
The IT was created, compiled, prepared, selected and arranged by the Service Provider and the Service Provider Licensors through the expenditure of substantial effort and resources. The IT constitutes valuable property of the Service Provider. The IT and any intellectual property rights embodied therein shall be and remain at all times the exclusive property of and is owned by the Service Provider and/or the Service Provider’s Licensors. The Service Provider reserves ownership of all intellectual property rights provided under the laws of any jurisdiction that provides such rights and in which the Service Provider operates, conducts business, or in which its intellectual property is located. The foregoing intellectual property rights include, without limitation, patent, copyright, trademark, trade secret, or any other common law intellectual property right or ownership. Without limiting the generality of the foregoing, the jurisdictional scope of the Service Provider’s intellectual property shall be worldwide and shall include any intellectual property rights granted or created by any jurisdiction in which the Service Provider may have intellectual property rights as those rights may be extended or enforceable by operation of any international treaty or agreement.
IT Disclaimer of Warranties: User acknowledges and agrees that neither the Subscriber, nor the Service Provider, nor the Service Provider Licensors, nor any others (the “Disclaiming Parties”), make any
representations, warranties or guarantees whatsoever with respect to the IT, its fitness, condition, or the results to be obtained from its use. The Disclaiming Parties specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
IT Indemnification: User shall indemnify, defend, save and hold harmless Disclaiming Parties and their respective directors, officers, employees, servants, and agents (collectively referred to as the "IT Indemnified Parties") from and against any and all claims, lawsuits, judgments, losses, costs, and expenses of any nature whatsoever (including reasonable attorney's fees) arising hereunder which may arise from or be claimed against the IT Indemnified Parties arising out of or in connection with the IT, including, but not limited to, any loss or damage to property, or injury to or death of any person whomsoever, caused by or attributable to the IT, the use of the IT by User, or Reservation Services website Access.
Export: The IT is subject to United States Export Controls. The IT may not be exported or re-exported (1) into (or to a national or resident) any country that the United States has embargoed goods or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the Department of Commerce's Table of Deny Orders.
connection with or arising out of any Participant's purchase of, or participation in, any Independent Entity program, or any other product and/or service a Participant may be exposed to or involved with through any Independent Entity and/or any other entity of which the Service Provider has not specifically designated itself as the responsible party. Any actions by any Independent Entity or the Service Provider in the promotion of the other, including, without limitation, Internet links between websites, are provided only as a convenience.
CAT 2-3 IBS Ts-Cs (01-14-16)