[CLUB NAME]
Terms and Conditions
1. GENERAL
1.1. Welcome to the [CLUB NAME] web site (the “Web Site”) controlled and operated by Panorama Travel Solutions, LLC f/k/a Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) (referred to herein as “PTS”, “We”, “Our”, “Us” or “[CLUB NAME]”). The goal of this Web Site is to provide you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with easy access to Your [CLUB NAME] membership benefits (“Membership”).
1.2. These [CLUB NAME] Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between [CLUB NAME] and You.
1.3. From time to time, [CLUB NAME] products and services, including any Resort Vacation Certificate or similar product which may have been included with your Membership, may be fulfilled by either an affiliate of PTS or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with PTS or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through [CLUB NAME], including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").
1.4. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).
1.5. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through [CLUB NAME] of the contents of these Terms and Conditions and all applicable Provider Terms.
1.6. THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.
1.7. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
2. ELIGIBILITY
2.1. [CLUB NAME] is open to all persons who have purchased the Triply product who are not otherwise barred from participating by applicable laws or regulations, such as the prohibition of the inclusion of individuals who appear on the U.S. Department of the Treasury’s Office of Foreign Access Control’s Specially Designated Nationals list. [CLUB NAME] reserves the right to verify, or require proof of eligibility in order to obtain a Membership, and any fraudulent or wrongful information provided in order to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. [CLUB NAME] reserves the right to alter these eligibility requirements at any time.
2.2. Members are responsible for reading and understanding these Terms and Conditions, the Booking Rules, as well as the [CLUB NAME] Privacy Notice, and any other communications from PTS about the [CLUB NAME] program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any [CLUB NAME] services, a Member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that [CLUB NAME] does not control the privacy practices of these Providers. If a Member has any questions about the [CLUB NAME] program or these Terms and Conditions, the Member should contact [CLUB NAME] Customer Service at x-xxx-xxx-xxxx. If a Member has any questions about the [CLUB NAME] Privacy Notice or its collection, use, or disclosure of a Member’s data, the Member should consult the Privacy Notice.
2.3. By accepting any [CLUB NAME] services, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify [CLUB NAME] if they are not eligible to receive any services at any time.
3. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
3.1. [CLUB NAME] is offered and fulfilled by PTS (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled 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. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.
4. PROVISION OF INFORMATION
4.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While [CLUB NAME] makes reasonable efforts to ensure that this information is accurate and complete, [CLUB NAME] expressly disclaims liability for inaccurate, incomplete, or misleading information.
5. MODIFICATIONS OF THE TERMS AND CONDITIONS
5.1. These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of [CLUB NAME] without prior notice to Members (except where required by law). By enrolling into the [CLUB NAME], Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
5.2. [CLUB NAME] may from time to time change prices, including any applicable recurring Paid Membership fees and any other fees applicable to Your Membership. [CLUB NAME] will inform You of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, You accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, You may always reject the price change by canceling Your Membership as set forth herein and subject to the terms of your purchase contract.
6. NO COMMERCIAL USE
6.1. Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
7. [CLUB NAME]’S ROLE
7.1. Member and [CLUB NAME] are dealing at arms’ length, creating a commercial relationship. [CLUB NAME] is not Member’s agent or Member’s fiduciary. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and [CLUB NAME].
7.2. In connection with products or services not directly supplied and fulfilled by [CLUB NAME], [CLUB NAME] is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.
8. MEMBER SUSPENSION, TERMINATION, AND AVAILABILITY
8.1. All products and services offered through [CLUB NAME] are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through [CLUB NAME]. Member participation may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to [CLUB NAME].
8.2. We may (without refund or credit) suspend or terminate a Membership (without prior notice, or first being required to suspend, or allow for a cure period), cancel a booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with a Membership upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Notice by the Member or his or her guest(s); ii. Failure to pay any fees due and owing respecting [CLUB NAME] or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in [CLUB NAME]’s sole discretion, of any Member benefit, travel credit, or reservation by the Member or his or her guest; iv. Following suspension, if applicable, if the Member fails to cure the reasons for such suspension within such time as determined by [CLUB NAME], however, suspension is not a condition precedent to termination, therefore a Member may be terminated without first being suspended; v. Upon termination of the [CLUB NAME]; vi. Upon any determination by [CLUB NAME], in its sole discretion, that a Member or guest is abusive to any [CLUB NAME] affiliate, inventory provider or ancillary travel products provider personnel; vii. If a Member or guest causes property damage to any resort, inventory, or other travel product; viii. If required to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. for any other reason in the sole discretion of [CLUB NAME].
9. PRICES AND RATES
9.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay [CLUB NAME] for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
10. CURRENCY
10.1. All fees and charges are payable in United States Dollars (USD).
11. PAYMENT
11.1. [CLUB NAME] products and services may be purchased with any participating valid credit or debit card.
11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, [CLUB NAME] will make reasonable efforts to contact Member, but [CLUB NAME] reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call [CLUB NAME] customer service at x-xxx-xxx-xxxx.
12. TRAVEL CREDITS
12.1. Certain Members may initially have been awarded Travel Credits (“Travel Credits”) upon their Membership purchase enrollment. In addition, certain Members may earn Travel Credits when making qualifying travel purchases through [CLUB NAME] or by qualifying Membership transactions. To the extent a Member is eligible to receive Travel Credits (a “Travel Credit Member”), Travel Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent [CLUB NAME] purchases. If a Member is eligible for Travel Credits, such Member must maintain the Membership account in good standing to earn or redeem Travel Credits.
12.2. Earning Travel Credits. A Travel Credit Member may be awarded an initial amount of Travel Credits upon Membership enrollment, and additional Travel Credits may be awarded on qualifying travel or Membership transactions including activity at the resort where the Travel Club Member purchased Membership. Travel Credits award amount will vary at [CLUB NAME]’s sole discretion. Travel Credits awarded for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Booking Confirmation. The Travel Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of [CLUB NAME], and without prior notice to Members. Other restrictions may apply.
12.3. Redeeming Travel Credits. Travel Credits have no actual cash value, but may be redeemed by Travel Credit Members towards partial payment, at time of checkout, to the net amount of a travel or [CLUB NAME] transaction, whether purchased online or offline through [CLUB NAME]. Travel Credits may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each [CLUB NAME] product specifies the amount of Travel Credits, if any, that may be redeemed towards partial payment in the description of the product or service. A Travel Credit Member may redeem as many Travel Credits as such Travel Credit Member has available in Member’s account, up to the amount specified for any particular product or service. Travel Credits may only be redeemed by the Member(s) listed on the Membership account. Travel Credits redemptions may not be combined with any other discount or promotion.
12.4. Purchase Cancellations. If a Travel Credit Member cancels his or her product or travel purchase with Us outside of any period where cancellation fees apply, any Travel Credits redeemed to purchase product or travel may be refunded to the Travel Credit Member’s account, subject to a potential Travel Credits deduction for airfare. If cancellation of travel booked using Travel Credits occurs within a period where cancellation fees apply, Travel Credits may be applied against cancellation fees after any cash used in the purchase of that travel booking. If any portion of Travel Credits remains after cancellation fees are paid, the remaining Travel Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Travel Credits awarded may be withdrawn at Our sole discretion.
12.5. Limitations, Variations and Inactivity. The usage of Travel Credits for redemption, including minimums and maximums, are subject to change at the discretion of [CLUB NAME], and without prior notice to Member. Membership may be suspended if Member does not remain in good standing with [CLUB NAME] or with the Membership, and [CLUB NAME] may impose a reasonable fee for reinstatement or reactivation of Membership. Travel Credits may not be used to pay reinstatement or reactivation fees. [CLUB NAME] reserves the right to cancel or withdraw all Travel Credits in a Travel Credit Member’s account if the Member does not remain in good standing with [CLUB NAME] or with the Membership for ninety (90) calendar days or more.
12.6. Expiration and Termination. Unless otherwise stated at the time of issuance or as otherwise directed by Us, Travel Credits are only valid for twelve (12) months from the date of issuance to You. Unredeemed Travel Credits expire upon the termination of the Membership or any renewal thereof, and [CLUB NAME] owes no further duty, obligation or liability to You upon such expiration. Travel Credits have no cash value and are not transferable.
12.7. Customer Service. Please contact [CLUB NAME] customer service at x-xxx-xxx-xxxx" if a Travel Credit Member believes there are Travel Credits that have not been credited to Member’s account or for any questions related to the available Travel Credits balance or to see if you Membership qualifies as you as a Travel Credit Member.
13. PREPAID MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION
13.1. PREPAID MEMBERSHIP – For the initial membership into [CLUB NAME], a purchaser shall pay the applicable initiation fee to the resort affiliated with [CLUB NAME], and the applicable resort will coordinate with PTS to enroll such purchaser into [CLUB NAME] (“Paid Membership”).
13.2. Please refer to your contract with the applicable resort for the purchase of the Paid Membership to view any applicable options relating to cancellation, or contact the following for more information:
alphatravelclub@mail.welcometoyourclub.com or [CLUB NAME] Attention: Cancellations 9998 N. Michigan Rd. Carmel, IN 46032
Please note that upon termination or cancellation of Your Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the terms and conditions associated with the booking.
13.3. If Member fails to pay the fees or other fees or charges in connection with Paid Membership on or before the respective payment due date thereof, Member will be ineligible to receive any benefits of Paid Membership, and Your [CLUB NAME] Membership will terminate with immediate effect.
13.4. In the event Member allows the Paid Membership to lapse due to non-payment, the Paid Membership may be reinstated at the sole discretion of [CLUB NAME], provided that a reinstatement fee shall be payable to [CLUB NAME] before the Paid Membership is reinstated to allow Member to use any benefits of the Paid Membership.
13.5. All monthly fees and promotional offers are subject to change at any time without prior notice (unless required by applicable law), in the sole discretion of [CLUB NAME].
13.6. Cancellation of Bundles or Third Party Purchases. Please note that to the extent you purchased your Membership as part of a bundle or if you purchased from a third-party, the cancellation policies of your specific sale shall supersede these Terms and Conditions.
14. LIMITATION OF LIABILITY
14.1. [CLUB NAME] SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. [CLUB NAME]’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF [CLUB NAME], WILL BE LIMITED TO THE FEES PAID BY MEMBER TO [CLUB NAME], FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL [CLUB NAME] BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO [CLUB NAME], ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF [CLUB NAME].
15. DISCLAIMER OF WARRANTIES
15.1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE 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, OUR WEB SITE, 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 WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, 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.
15.2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY [CLUB NAME] TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.
15.3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:
15.3.1. REGARDING THE ACCEPTANCE OF ANY REQUEST;
15.3.2. THAT YOU WILL RECEIVE THE LOWEST POSSIBLE PRICE FOR THE PRODUCTS, SERVICES, OR GOODS WE ADVERTISE OR YOU PURCHASE;
15.3.3. REGARDING THE AVAILABILITY OF PRODUCTS, SERVICES, AND GOODS ADVERTISED BY [CLUB NAME];
15.3.4. REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES.
15.3.5. WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE “ACTIVITIES”). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
16. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
16.1. MEMBER AND [CLUB NAME] AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR [CLUB NAME] WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR [CLUB NAME] ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND [CLUB NAME] FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, [CLUB NAME], AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
16.2. IF THE CLASS ACTION WAIVER 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.
17. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
17.1. ARBITRATION PROVISION (“Provision”). Any dispute, controversy or claim (“Claim”), whether preexisting, present or future, arising from or relating arising from the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors, shall, at the election of you or us, be arbitrated on an individual basis before the American Arbitration Association (“AAA”) (www.adr.org, 1-800-778-7879) or Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (www.jamsadr.com, 1-800-352-5267) pursuant to their applicable rules and fee schedules, or before any other provider of arbitration services (“other provider”) to which you and we mutually agree in writing (provided such other provider adheres to the terms of this Provision). Notwithstanding anything in these Terms and Conditions to the contrary, with respect to any disputes involving a sale, booking, processing or payment of any cruise and travel benefits or vacation club memberships services, programs or products that involve the use or utilization of an American Association of Retired Persons discount code (“AARP Booking”), such AARP Booking’s shall be arbitrated exclusively before the AAA using the AAA’s consumer Arbitration rules. A single neutral arbitrator with expertise in the subject matter of the Claim(s) shall be appointed. If the AAA and JAMS (or other provider) cannot serve, a court with jurisdiction will select the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Provision. Any hearing will be held in a location reasonably convenient to both you and us, such as the state and county in which this agreement was signed, unless otherwise agreed by the parties in writing or ordered by the arbitrator. IF A CLAIM IS ARBITRATED, THERE WILL BE NO RIGHT TO HAVE A COURT OR TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
17.2. “Claim” includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, rescission, cancellation or default; property management; reservations, discounts, points or rewards programs; applications and personal information; marketing or sales solicitations, advertisements, or promotions; disclosures; communications between you and us; collection of delinquent amounts and the manner of collection; use of resort properties; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public personal information about you; documents or agreements identified in or related to any of the foregoing; any prior agreement between you and us; and Claims that arose before the effective date of this agreement. In addition, the term “Claim” includes claims arising out of contracts between the parties that were entered into prior to this agreement. “Claim” also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity.
17.3. “Claim” does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide. But disputes about the validity or enforceability of the Terms and Conditions as a whole are for the arbitrator to decide; or (ii) any individual action by you or us in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court. The institution and maintenance of any such action shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by us. In any such action commenced by us, you may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from us, including, without limitation, damages.
17.4. Solely for purposes of this Provision, “we,” “us,” and “our” also mean our parent companies, subsidiaries, affiliates and assigns; our and their employees, officers and directors; and any third parties that you bring a Claim against at the same time that you bring a Claim against us or any of the foregoing. “You” and “your” also mean your heirs, successors and assigns.
17.5. Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right to (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except you and us individually.
17.6. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision (the “award”). The arbitrator may award all remedies that would apply in an individual court action, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the administrator’s rules or applicable law. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.
17.7. This Provision shall survive the breach, cancellation, termination or rescission of this agreement, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the agreement or the AAA or JAMS rules, or the rules of any other provider. If any term or provision of this Provision is held to be unenforceable or invalid, the remaining provisions shall be enforced without regard to such unenforceable or invalid term or provision, except that: (i) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding involving you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, then this Provision (except for this sentence) shall be null and void in its entirety with respect to such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that determination becomes final after all appeals have been exhausted, then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim seeking public injunctive relief until the arbitration award.
17.8. Right to Reject Arbitration Provision: You may reject this Provision by sending us a written notice which gives your full name and states that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to [CLUB NAME], 6277 Sea Harbor Drive, Orlando, Florida 32821, Attention: Legal Department. A rejection notice must be signed by you and received by us within thirty (30) days after the first date of your Membership. Rejection of arbitration will not affect any other term of this agreement.
18. GOVERNING LAW
18.1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, the Booking Rules and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against [CLUB NAME], or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and [CLUB NAME] prevails, that Member or Member’s guest shall pay all costs incurred by [CLUB NAME] defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
19. INDEMNIFICATION
19.1. You agree to defend, indemnify and hold harmless PTS and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of PTS’s websites, memberships, or services.
20. SEVERABILITY
20.1. No waiver of these Terms and Conditions by PTS shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of PTS to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
21. AGE RESTRICTIONS
21.1. Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
22. GEOGRAPHIC LIMITATIONS
22.1. Unless otherwise specified, [CLUB NAME] and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access [CLUB NAME] from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws.
23. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
23.1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.
23.2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.
23.3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.
23.4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
23.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call x-xxx-xxx-xxxx". Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls, We reserve the right to make non-automated calls to You relating to Your account, any transaction, account collections, or otherwise relating to Your relationship with Us. Your obligations under this Section shall survive termination of these Terms and Conditions.
1.1. These rules (“Booking Rules”) set forth a legally binding obligation between Panorama Travel Solutions, LLC f/k/a Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) d/b/a [CLUB NAME] (referred to herein as “PTS”, “We”, “Our”, “Us” or “[CLUB NAME]”) and you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with respect to your booking, reservation, or other travel or non-travel transaction (each, a “Booking”).
In addition to these Booking Rules, your Booking is subject to the [CLUB NAME] Terms and Conditions (“Terms and Conditions”) which are available here.
1.2. From time to time, [CLUB NAME] products and services may be fulfilled by either an affiliate of PTS or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with PTS or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Booking Rules and the Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through [CLUB NAME], including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms"). WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE “ACTIVITIES”). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
1.3. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees to be bound by these Booking Rules, the Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).
1.4. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through [CLUB NAME] of the contents of these Booking Rules, the Terms and Conditions and all applicable Provider Terms.
1.5. THE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.
1.6. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE BOOKING RULES OR THE TERMS AND CONDITIONS.
2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
2.1. [CLUB NAME] is offered and fulfilled by PTS (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled 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. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.
3. PROVISION OF INFORMATION
3.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While [CLUB NAME] makes reasonable efforts to ensure that this information is accurate and complete [CLUB NAME] expressly disclaims liability for inaccurate, incomplete, or misleading information.
4. MODIFICATIONS OF THE BOOKING RULES
4.1. These Booking Rules are subject to change at any time at the sole discretion of [CLUB NAME] without prior notice to Members (except where required by law). By making a Booking, Member acknowledges and agrees to be bound by any posted revisions to these Booking Rules.
5. NO COMMERCIAL USE AND OTHER NON-PERMITTED USES
5.1. Bookings may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration or for the purposes of establishing residency or permanent or semi-permanent occupancy. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for the termination of your Booking or the immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
6. AVAILABILITY
6.1. Your Booking is not guaranteed until confirmation is received from the Provider through [CLUB NAME]. Your Booking may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to [CLUB NAME].
7. PRICES AND RATES
7.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay [CLUB NAME] for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
8. HOTEL TAXES AND FEES
8.1. To facilitate Your transactions with Us, We will charge Your payment method for “Taxes and Fees”. Taxes and Fees includes an estimated total that We will pay to the hotel or Provider for taxes and government fees it owes in connection with Your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and other applicable taxes. The Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as a co-vendor with the Provider with whom we book or reserve our customer's travel arrangements. 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. The actual tax amounts paid by Us to the Provider may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Provider by our customers.
8.2. Depending on the type of booking You make through Us, You may be charged additional fees by Our Providers, including, but not limited to:
8.2.1. 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;
8.2.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
8.2.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
8.2.4. Fees resulting from a violation of a hotel or travel service’s rules and regulations. You expressly understand and agree that the hotel or other travel service provider may charge You for any violation of its rules and regulations, including but not limited to violations of the smoking and pet policies and any damages to Your room or the hotel caused by You or Your guests.
8.3. Our Providers may require You to put a payment method on file upon check-in to pay these or other charges directly to the Provider upon check-out. Contact the Provider directly to determine what charges apply to Your booking.
8.4. Additionally, Providers 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.
8.5. Contact the Provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to Your booking. It is Your responsibility to determine if any such additional fees, terms, conditions and restrictions apply to Your transaction. We do not warrant the availability of third-party activities or services.
9. CURRENCY
9.1. All fees and charges are payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location. For certain services, the price may have been converted from a different currency for convenience purposes to provide You an estimate of the amount of the purchase in Your local currency. As a result, when You book, the amount charged to Your credit card by the Provider may be slightly different due to currency fluctuations.
10. PAYMENT
10.1. [CLUB NAME] products and services may be purchased with any participating valid credit or debit card.
10.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
10.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, [CLUB NAME] will make reasonable efforts to contact Member, but [CLUB NAME] reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call [CLUB NAME] customer service at x-xxx-xxx-xxxx.
10.3.1. Seller of Travel Disclosures.
(a) California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS, LLC is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS, LLC has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled 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.
11. BOOKING CANCELLATION/CHANGES
11.1. The fees assessed by [CLUB NAME] and the Provider as a result of a cancellation or change are set forth on the Booking Confirmation/Travel Receipt (defined below) and apply to all transactions purchased through [CLUB NAME].
11.2. Each Provider has specific cancellation policies and penalties separate and apart from [CLUB NAME]. Provider policies may treat name changes and departure date changes as cancellations.
11.3. In the event Member must cancel any booking, please do so through the [CLUB NAME] web site or call customer service immediately at x-xxx-xxx-xxxx.
11.4. Cancellations will be effective as of the date of receipt of the request by [CLUB NAME] (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by [CLUB NAME]. Refunds may take up to eight (8) weeks from the Cancellation Date.
11.5. If transportation or other services are cancelled 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 (30) days of receiving the funds from the Provider with whom the services were arranged, or if the funds were not sent to the Provider, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the refund amount to another travel product or date.
12. ADDITIONAL TRAVEL TERMS AND CONDITIONS
Additional terms and conditions may apply to bookings made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to PTS on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
12.1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by [CLUB NAME], PTS, or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify [CLUB NAME] immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
12.2. We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
12.3. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
12.4. You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.
12.5. You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner.
12.6. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider.
12.7. Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.
12.8. A Booking Confirmation/Travel Receipt may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Booking Confirmation/Travel Receipt may only be used by the person whose name(s) appears on the Booking Confirmation/Travel Receipt.
12.9. We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.
12.10. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. PTS's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond Our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.
WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.
12.11. Identification Documentation. Providers may require that travelers have in their possession proper documentation required by the United States or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. [CLUB NAME] assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if travelers fail to bring proper documentation and are refused travel services by Provider.
12.12. Travel Documents. Booking Confirmations/Travel Receipt and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the Provider’s prior written consent. When a name change is required additional fees may apply. Notify [CLUB NAME] concierge immediately if changes or corrections are required.
12.13. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. [CLUB NAME] urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or such other government or other authority where Member resides or is traveling to prior to booking travel to both domestic and international destinations.
12.14. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.cbp.gov.
12.15. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, [CLUB NAME] DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
12.16. Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
12.17. Travel Insurance. It is Your responsibility to decide whether to purchase travel insurance for Your travel, and if making such purchase, to ensure that the insurance coverage You buy is suitable for You and is enough for Your needs. Travel Insurance provided by third parties may be available through Our website; however, We make no representation or warranty regarding the sufficiency or terms of any such travel insurance offered on Our website, and You should conduct Your own research prior to purchasing.
12.18. Airline Terms. If You have purchased airfare, please ensure You read the full terms and conditions of carriage issued by the air carrier, which can be found on the air carrier’s website. You agree to abide by the terms and conditions of purchase imposed by any air carrier with whom You elect to deal, including, but not limited to, payment of all amounts when due and compliance with the air carrier's rules and restrictions regarding availability and use of fares, products, or services. Airline penalties are in addition to the processing penalties charged by Us and are subject to change at any time. To cancel or modify an existing flight, please call contact Us through the contact information provided on the website. Most air carriers consider a name change to be a cancellation. To avoid penalties for name changes, full and complete names, exactly matching government-issued identification, are required at time of booking. Each scheduled airline has unique cancellation and revision penalties on airfares.
12.19. Car Penalties/Terms: Car only reservations may only be cancelled in accordance with the cancellation policy specified in the reservation and/or by the related rental agency. Car only reservations cancelled after any such the designated deadline will forfeit the full amount equal to the full rental amount. No-shows will not receive any refunds for advance deposits or payments made. All taxes will need to be paid at the counter at the car pick-up location. Please refer to the specific cancellation policy on Your car rental reservation for the specific details of Your reservation. Unless otherwise stated in the reservation or the terms and conditions of the rental agency:
13. ADDITIONAL CRUISE TERMS AND CONDITIONS
If You are booking cruise services, additional terms and conditions may apply. Please review the additional cruise terms and conditions located here.
Last Updated: August 31, 2023
Click to read the Privacy Notice to Business Relations
Introduction to this Privacy Notice
Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama Travel Solutions, LLC." Panorama Travel Solutions, LLC operates membership clubs including Armed Forces Vacation Club, Club 365, Heroes Vacation Club, The Registry Collection, Tripbeat, Triply and VIP 365 (collectively “PTS”, “we”, “us”, or “our”). We care about privacy issues and want you to be familiar with how we collect, disclose, and otherwise use ("Process") information about you. This privacy notice ("Privacy Notice") describes our practices in connection with information we collect through our websites ("Websites"), social media pages we control ("Social Media Pages"), and software applications we make available for use on or through computers and mobile devices ("Apps"), that include a link to this Privacy Notice, and through any of our offline activities, such as when you provide your information on the phone via our call centers or in person ("Offline Activities") (collectively, including the Websites, Apps, Social Media Pages, and Offline Activities, the "Services").
NOTICE TO TIMESHARE OWNERS / FINANCING CUSTOMERS:
You may receive a separate notice regarding "Your Financial Privacy" by mail. If a Service provides you the ability to access your account online, and you agree to receive annual notices online, we will provide you with annual notices through such Service. Further, if we provide you with updated notices online, we will require you to acknowledge receipt of the updated notice through such Service or another identified Service.
Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements, such that our practices may be more limited in such jurisdictions.
Our privacy practices also may vary among our Affiliates and brands depending upon their function and their offered products and services. Please review the privacy notices linked to or referenced in their respective Services and note that the data controller of your Personal Information will be the Affiliate which provides the Services to you.
Supplementary Privacy Notice for US Residents: Click here to read about “Your Privacy Rights” and your additional rights if you are a resident of California, Colorado, Connecticut, Nevada and Virginia.
Please read the following to learn more about our privacy practices.
We may Process Personal Information in connection with any of the following:
We may disclose your information as follows:
Security of Your Information: We will take reasonable steps to protect the information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all information you provide to us via the Services.
Panorama Travel Solutions, LLC Attn: Legal Services-Privacy 6277 Sea Harbor Drive Orlando, FL 32821
OTHER PURPOSES FOR COLLECTING AND USING YOUR PERSONAL INFORMATION: Generally, we may use all of the above categories of Personal Information for the following purposes where applicable:
If after reviewing this Privacy Notice, you have any questions, complaints or privacy concerns, or would like to make any requests in relation to your Personal Information, or obtain further information on safeguards used for international transfers, please send an email to our Privacy Group at privacy@rci.com or send a letter to (please indicate our Affiliate or brand you typically do business with):
If you have a complaint or concern about how we Process your Personal Information, we will work to address such concern(s). Also, you may call us at 1-844-724-4444. You may also direct your complaint/concern to the applicable data protection authority.
Introduction
Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama Travel Solutions, LLC." Panorama Travel Solutions, LLC operates membership clubs including Armed Forces Vacation Club, Club 365, Heroes Vacation Club, The Registry Collection, Tripbeat, Triply and VIP 365 (collectively the "T+L Group of Companies”, “PTS”, “we”, “us”, or “our”).
The T+L Group of Companies receive products and services from multiple suppliers as well as provide a wide range of products and services to individual consumers and to businesses or other organizations through our websites, mobile and software applications, social media pages we control, and other online and offline activities such as when you provide your information on the phone via our call centers or in person (collectively, the "Services"). When Services are provided to or received from business, enterprise or other organizations but not an individual consumer contracting directly with us, it is referred to as "B2B Services."
The T+L Group of Companies care about privacy issues and wants you to be familiar with how we collect, disclose, and otherwise use ("Process") information about you, including information that identifies or relates to you as an identifiable person ("Personal Information").
Scope and Application
This Privacy Notice to Business Relations (this "B2B Privacy Notice") describes how Panorama Processes Personal Information about employees or representatives of our existing and prospective business clients, suppliers, service providers, agents, consultants, advisors, business partners, and investors ("Business Relations").
Our privacy practices also may vary among entities within the T+L Group of Companies as well as amongst and between Travel + Leisure Co. and any of its other affiliated operating entities ("T + L Affiliates") depending upon their function and their offered products and services. Please review the privacy notices linked to or referenced in their respective Services and note that the data controller of your Personal Information will be the T + L Affiliate which provides the Services to you.
California, Colorado, Connecticut, Nevada and Virginia Residents: Click here to read about "Your Privacy Rights"
If you or your company or organization have separate contractual agreements with us concerning our collection, use, or disclosure of your Personal Information, those agreements control and supersede anything stated in this B2B Privacy Notice.
Individual Access
This B2B Privacy Notice does not apply to our processing of Personal Information (as defined in the respective privacy notices) about individual consumers (interacting with us in their personal capacity), our employees or our contractors (whether directly or indirectly contracted). Please refer to the privacy notice linked to the specific Service for more information.
Please note that your access to and use of our B2B Services may be administered by your company or other organization to which you are a member. In such cases, authorized personnel at your organization may have access to your Personal Information collected by these B2B Services, and your organization may have policies applicable to your use of them. Panorama is not responsible for our Business Relations' policies and practices related to data privacy and security, which may be different from this B2B Privacy Notice and any applicable specific privacy notices. If your organization is administering your use of our B2B Services, please contact your company with any privacy questions or requests related to your use of the specific B2B Service.
Information We Collect and How It Is Collected
Most of the Personal Information that we handle in connection with the B2B Services is not collected on this website, but rather through separate contractual relationships governing our collection, use, or disclosure of your Personal Information.
When you access this website or engage with us by email or other transaction or interaction, we may collect the following Information, including any of the following as private contact information or business contact or other information:
The foregoing may include private contact information (versus business contact information), if necessary. It is possible that you may submit other Personal Information to Panorama, for example in a question you ask through a contact page or submit in the comment box with your order.
We use information in a variety of ways, including to analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services.
As aggregated, de-identified or anonymized information does not constitute Personal Information, we may use it for any purpose.
Why and How We Use Your Information
When We Disclose Your Information
Safeguarding Your Information
We will take reasonable steps to protect the Information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all Information you provide to us via the Services.
Other Important Information
Your Choices and Rights
Other Global Jurisdictions
A. Your Australia Privacy Rights
1. This section of our B2B Privacy Notice applies specifically to individuals located in Australia. If you are located in Australia, to the extent of any inconsistency between this section of our B2B Privacy Notice and the remaining sections of our B2B Privacy Notice, this section will prevail.
2. This B2B Privacy Notice applies to the Panorama group of companies. Each entity in the T+L Group of Companies may share your Personal Information with other entities within the group.
3. Definition of "Personal Information"
3.1. For individuals located in Australia, "Personal Information" includes an opinion about you.
4. By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this B2B Privacy Notice and any other arrangements that apply between us. We may change our B2B Privacy Notice from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current B2B Privacy Notice.
5. In the course of providing you with products or services, we collect Personal Information in a variety of ways. Unless it is unreasonable or impracticable to do so, we collect your Personal Information from you directly. In some cases however, we will collect information about you from a third party. For example, we may collect Personal Information about you from third party service providers or agents assisting us to provide products or services to you.
6. Overseas disclosure of Personal Information
6.1. As part of a global business, we may disclose your Personal Information to recipients that are located outside of Australia, including to our Affiliates located in the United States, United Kingdom, and Singapore.
6.2. When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that Personal Information in compliance with the Privacy Act 1988 (Cth) and the associated Australian Privacy Principles (APPs). We will, however, take reasonable steps to ensure that any overseas recipient will deal with such Personal Information in a way that is consistent with the APPs.
6.3. The privacy and collection practices of entities to which we disclose Personal Information are governed by their own privacy policies and collection notices.
7. Correcting Personal Information
7.1. If you believe that the Personal Information we hold about you is inaccurate or incomplete, please contact us and we will use all reasonable efforts to correct the information.
7.2. If we do not believe the information to be incorrect, we will take reasonable steps to add a statement to the Personal Information stating that you believe the information is inaccurate, incomplete or out of date.
8. Complaints
8.1. If you have a complaint about our collection, use or disclosure of your Personal Information, or you wish to make a complaint about a breach of the APPs, please contact us at the details set out above. You can also make a complaint to the Office of the Australian Information Commissioner. Further information is available at www.oaic.gov.au.
How Can You Contact Us?
If after reviewing this B2B Privacy Notice, you have any questions, complaints or privacy concerns, or would like to make any requests in relation to your Information, or obtain further information on safeguards used for international transfers please send an email to our Privacy Officer at B2Bprivacy@travelandleisure.com or send a letter to:
If you have a complaint or concern about how we Process your Information, we will work to address such concern(s). Also, you may contact us at B2Bprivacy@travelandleisure.com. You may also direct your complaint/concern to the applicable data protection authority.
Please read these terms of use (“Terms”) carefully before using the Web Services (defined below).
By accessing and/or using the Web Services, you agree to these Terms. PLEASE DO NOT USE THE WEB SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama Travel Solutions, LLC." Panorama Travel Solutions, LLC business operations includes many subsidiary entities and consists of brands including Armed Forces Vacation Club, Club 365, Heroes Vacation Club, The Registry Collection, Tripbeat, Triply and VIP 365 (collectively “PTS”, “we”, “us”, or “our”). These Terms constitute a contractual agreement between you (“you” or “your”) and us regarding your use of the services covered by these Terms (“Web Services”). The Web Services include our websites, mobile websites, and other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products and delivery of our content to you at your request). You should print a copy of these Terms for your records.
IMPORTANT NOTICE: These Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Web Services. These are found in Sections 10 and 11 below. These Terms only apply to provision of, use of and your conduct in relation to the Web Services. They do not apply to any memberships, products, services or other items made available through the Web Services. These are governed by their own Terms and Conditions. Please read these Terms carefully and make sure that you understand them before continuing with your use of the Web Services to access our memberships, products or services. You should also read our Privacy Notice, which also governs your use of the Web Services, and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Web Services.
Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to the Web Services in addition to our other remedies.
These Terms are meant to protect all of the visitors to and users of the Web Services, and your access to and use of the Web Services signifies your agreement with these Terms. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of the Web Services, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use the Web Services after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THE WEB SERVICES AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. However, any changes to the Arbitration and Governing Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may restrict access to the Web Services or any portion thereof, to users, including registered users, consistent with applicable law and any additional terms governing the particular Web Service.
We and our affiliates (being any other entity that is directly or indirectly controlled by, or under common control with us) understand that you value your privacy and wish to have your personal information kept secure. We will collect, use and disclose your personal information (including but not limited to, registration data and certain other information about you that you may submit or provide to us through the Web Services) in accordance with our Privacy Notice. By providing your personal information to us, you confirm you have read and accept our Privacy Notice.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Services, including reservations, bookings, rewards programs or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.
The Web Services may permit you to link to other web sites or applications that may or may not be affiliated with the Web Services and/or with us. These other linked web sites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third party web sites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those web sites and applications. We provide links to third party websites and applications for your convenience and information only, and you use them at your own risk.
Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Web Services or provide any links that state or imply any sponsorship or endorsement of your web site by us.
We control and (either ourselves and/or through our third-party host) operate the Web Services. All content available through the Web Services (“Content”), including but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of us or our Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on the Web Services or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of the Web Services, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by email or other electronic means) for commercial use without the prior written consent of us or our Providers. You may request consent by faxing a request to our Legal Department at 407-626-5222. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of us or our Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on these Web Services, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of ours, or otherwise incorporate into another website any of the Content or other materials in these Web Services, without our express prior written consent. You may not deep link to any page of portions of this website without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of these Web Services provided that you do not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of us, our affiliated or related entities or Providers without our express prior written consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by these Terms, is considered intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below:
Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
Intellectual Property – Legal
Panorama Travel Solutions, LLC
6277 Sea Harbor Drive, Orlando, FL 32821
Telephone: 407-626-2018
Fax: 407-626-5193
Email Address: Copyright.Violations@wyn.com
You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use the Web Services immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any legally permissible reason, including for violation of these Terms.
You are solely responsible for the content, accuracy and your use of your User Information, as defined herein, and we merely act as a passive conduit for your online publication of your User Information. As used in these Terms, “User Information” means any information or data that you submit to or through the Web Services and any information or data that is generated by the Web Services as a result of your use of or access to the Web Services. Special rules and/or restrictions may apply to your Personal Information or Sensitive Personal Data. For more information on these special rules and/or restrictions, please review our Privacy Notice.
In the event that you are provided with user identification numbers or codes, confirmation numbers, login credentials, and/or passwords (as applicable) in the use of the Web Services (collectively, “Login Information”), you shall maintain such Login Information in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your Login Information. It is also your responsibility to immediately notify us upon your knowledge or belief that such Login Information is, or may be, subject to a breach of confidentiality. We may suspend or terminate your access to the Web Services if we believe or have reason to believe a breach of these Terms has occurred including, without limitation, you having shared your Login Information with a third party.
You agree to provide true, accurate, current and complete User Information. If you provide any User Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity, and refuse any and all current or future use of the Web Services.
You are specifically prohibited from any use of the Web Services, and you agree not to use or permit others to use the Web Services, to do any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services’ infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties, your Login Information for any unauthorized or prohibited purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of your Login Information;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Web Services;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of the Web Services or our, our affiliated or related entities' or the Providers' systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, robots, spiders, scrapers, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise, which includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided via the Web Services;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with the Web Services;
(g) upload, post, email or otherwise transmit any User Information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships;
(h) violate any applicable local, state, national or international law; and
(i) use, permit another person or entity to use, or assist another person or entity in using any robot, spider, intelligent agent, meta-searching, scraper, script or other automatic device or means, or manual process to access, use, search, monitor or copy the Web Services’ pages, domain, or the Content without our prior written permission, provided that generally available third party web browsers such as Netscape Navigator®, Microsoft Internet Explorer®, Microsoft Edge®, Mozilla Firefox®, Safari®, Google®, Google Chrome®, Opera®, Maxthon®, Avast Secure® or Avant® may be used without such permission.
With respect to all User Information you elect to post to publicly accessible areas of the Web Services, you agree that we have the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, perform and display such User Information (in whole or part) on a worldwide basis, without notice or compensation to you, provided that such use is in accordance with the terms of our Privacy Notice.
You acknowledge and agree that we may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and/or the public.
When you visit the Web Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications that we provide to you via such electronic means satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, it is possible that information contained or made available on the Web Services may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Web Services will be uninterrupted or error free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other security intrusion.
If you notice any errors or omissions in the information contained on the Web Services or other concerns, please report them to us for investigation.
THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEB SERVICES, THE CONTENTS THEREOF, OR THEIR HYPERLINKS TO OTHER INTERNET RESOURCES.
Limitation of Liability. We, our parents, subsidiaries, affiliates, officers, directors, employees and agents (the “Panorama Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided on the Web Services, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of User Information to the Web Services, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Panorama Parties’ negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.
Indemnification. You agree to indemnify, defend and hold harmless the Panorama Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.
The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law and shall inure to the benefit of us, our affiliates, and/or our respective suppliers.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.
TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE WEB SERVICES, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN YOU AND THE PANORAMA PARTIES, BOTH YOU AND THE PANORAMA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE PANORAMA PARTIES MUST BE ARBITRATED IN FLORIDA. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PANORAMA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the PANORAMA Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://adr.org/.
We operate the Web Services from our offices within the State of Florida, USA (which may be subject to change from time to time in our sole discretion). The Web Services can be accessed from all 50 U.S. states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Web Services, you agree that these Terms and your use of the Web Services shall be governed in all respect by the internal substantive laws of the State of Florida, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Orange County, Florida for all disputes, cases and controversies regarding this website, your use of this website, and your relationship with us. Although the Web Services can be accessed outside the United States, we make no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In the event that we provide message boards, web logs or blogs, or discussion forums on the Web Services (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that you have all necessary rights and permissions to post any uploaded materials and that all moral rights in any uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Forums, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. We do not endorse any User Information posted on the Web Services.
You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or other Content posted by other Users of the Web Services, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content we create or information submitted to us by third parties, including without limitation, information in the Forums, and in all other parts of these Web Services.
Your device may be location-enabled, meaning that the device is capable of accessing Content or services that make use of a user’s location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Web Services use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
If you access the Web Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of these Terms. However, these third-party beneficiaries are not a party to these Terms. You agree that your access to the Web Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of use or service. You represent to us that you have read and agreed to those terms.
These Terms are for the benefit of each of us, our affiliated, managed or related entities and the Providers, and each of our and their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Web Services. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and we are dealing at arms' length, creating a commercial relationship. We are not your agent or your fiduciary. Many of our businesses and facilities are independently owned and operated by third parties. In such cases, these third parties manage and operate the facilities, and they engage the employees and entities who work at the facilities. These third parties are independent from us, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between us (including the Providers), our affiliated or related entities, and you relating to the subject matter hereof, and supersede any prior agreements or understandings not incorporated herein.
PANORAMA RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
If you have any questions or concerns about the Web Services or these Terms, please contact us at:
PANORAMA TRAVEL SOLUTIONS, LLC
Attn: Legal Department
6277 Sea Harbor Drive
Orlando, FL 32821
Last Update: August 28, 2023
