These arrivia Demo Subscription-Membership (“Subscription”) Terms and Conditions of Arrivia, Inc., also doing business as arrivia Demo under contract to Central Florida Investments, Inc. (Westgate) set forth a legally binding contract between arrivia Demo, Westgate, and each person who has the legal right to own, occupy or use accommodations in a Westgate resort (“Vacation Ownership”)
To become a subscribing-member (“Subscriber(s)”), a properly completed arrivia Demo Subscription (“Subscription(s)”) enrollment form must be provided to arrivia Demo. arrivia Demo reserves the right to refuse enrollment to anyone for any reason whatsoever.
a) arrivia Demo Subscriptions include a subscription to Privileges Magazine and a membership affording Subscribers the ability to use loyalty points (“Travel Savings Credits”) for steeply discounted cruises, experiential vacations, and tours, and the ability to purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, and airfares.
b) All Subscribers may purchase cruises, experiential vacations, and tours at Price Match Guaranteed rates.
c) Subscribers also have access to preferred hotels and resorts, access to Great Getaway vacations, and the ability to earn and redeem Travel Savings Credits on many such purchases.
d) Privileges Magazine is provided to Subscribers from time to time in electronic format and on-line atwww.westgatecruiseandtravel.com. Subscribers can request a paper version by calling Subscriber Services at arrivia Demo’s toll free telephone number. A nominal fee will be charged for such requests to cover the cost of shipping.
e) arrivia Demo is only responsible for written representations that it makes concerning the Subscription and is not responsible for any verbal representations or written representations made by any other person. Only arrivia Demo, its authorized representatives, and its designated licensees can perform the obligations of arrivia Demo under these Terms and Conditions.
a) The Subscription, and the benefits afforded Subscribers, shall be provided to the Subscriber for the term of the Subscription purchased (as indicated on the Subscription enrollment form or Purchase Receipt) and any renewal thereof, unless terminated by under these Terms and Conditions.
b) Subscriber may renew a Subscription. Renewals will be accepted from those Subscribers who are current with all Subscription payments, are in good standing with Westgate, and are in compliance with these Terms and Conditions.
c) In the event Subscriber allows the Subscription to lapse, a reinstatement fee shall be payable to arrivia Demo before the Subscription is renewed and Subscriber can use any benefits of the Subscription.
d) Subscriber may cancel the initial Subscription by providing arrivia Demo written notice of cancellation to Westgate Cruise & Travel Collection, 15147 N. Scottsdale Rd., H-210, Scottsdale, AZ 85254, within thirty (30) days of the enrollment date set forth on the Subscription enrollment form. Cancellation requests received more than thirty (30) days after the enrollment date, and all requests from Subscribers whose Subscription fees were paid by their Vacation Ownership resort, are not entitled to a refund.
a) Subscribers, during the term of their Subscription, have the ability to purchase Price Match Guaranteed cruise vacations, hotels stays, and resort vacations. Subscriber may purchase such travel by calling the arrivia Demo call center at 1-800-572-6169 or on-line at www.westgatecruiseandtravel.com.
b) The Price Match Guarantee (“PMG”) requires written proof of the availability of the identical cruise vacation, hotels stay, resort vacation, at a lower rate to the general public within 48 hours of purchase by Subscriber. Rate identified in written proof will be verified by arrivia Demo. arrivia Demo will match any price that it verifies to be lower. Cruises must be for the identical cruise itinerary, ship, and sailing date and cabin category. Hotel and resort stays must be for the same dates, room types, and options. Consolidator, charter, group, incentive, interline, meeting and convention rates are excluded. Web or e-mail offers requiring calling a callback number are also excluded. PMG is valid for the cruise fare only at the time of booking.
a) Subscribers must have their Subscriptions paid in full through the last date of their travel or accommodation. Subscriptions that expire prior to the date of travel will be collected at the time of booking.
b) arrivia Demo will apply any reasonable restrictions on Subscriber’s vacations as required by Westgate’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers.
c) Resort accommodations may be at a resort in active sales. Subscribers are under no obligation to participate and/or attend any sales presentation or take a tour of the resort.
d) Information provided to Subscriber about cruises, resorts, experiential vacations, and hotels, is based on information obtained from the providers of such. arrivia Demo makes reasonable efforts to ensure that information provided to arrivia Demo is accurate and complete as of the date such information is published by arrivia Demo; however, arrivia Demo expressly disclaims any liability for inaccurate, incomplete, or misleading resort and cruise information.
e) The total number of people occupying any vacation accommodations or participating in any tours confirmed by arrivia Demo must not exceed the maximum occupancy set forth in the arrivia Demo confirmation or guest certificate; otherwise, the resort or cruise line representative may refuse access or levy an additional charge to Subscriber and/or Subscriber’s guests.
f) Subscribers are responsible for the payment of any applicable taxes, fees, and personal expenses including, but not limited to, soft drinks, alcoholic beverages, specialty items, tips, personal services, special facilities charges, telephone calls and internet connectivity, cruise line/resort/hotel, or other utility charges, security deposits and other fees or charges levied by the travel service provider. Port fees, taxes, and handling charges for cruises are paid in advance to arrivia Demo. It is the responsibility of the Subscriber to pay all other fees directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the Subscriber and the provider. Subscriber waives any and all claims against Westgate in this regard.
g) Subscribers and Subscribers’ guests must occupy and use any accommodations received from arrivia Demo in a responsible, careful and secure manner. Subscribers are responsible for all damage, theft or loss caused by Subscribers and Subscribers’ guests.
h) Any complaints about any accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider.
i) All Subscribers must be in good standing with their Vacation Ownership resort, vacation plan, or vacation club and all expenses associated with the Subscriber’s Vacation Ownership, vacation plan, or vacation club including but not limited to the payment of maintenance fees, assessments, common expenses, recreational fees, promissory notes, mortgage payments, taxes, and/or Subscription fees must be paid current as reported by the resort, vacation plan, or vacation club to arrivia Demo. arrivia Demo reserves the right to refuse to provide any services or benefits to Subscriber until such time as Subscriber’s resort, vacation club or vacation plan provides arrivia Demo with written confirmation that all obligations of the Subscriber have been fulfilled.
a) None of the Subscription benefits may be used for any commercial purpose, including rental or sale or barter. A vacation confirmation may only be used by the Subscriber who receives it from arrivia Demo unless that Subscriber gives the vacation confirmation to a friend or family Subscriber by requesting a Guest Certificate (“Guest Certificate”). arrivia Demo reserves the right to charge an administration fee for issuance of Guest Certificates.
b) Guest Certificates are non-transferable and may only be used by the individual(s) named on the Certificate and their guests and may not be used by persons under the age of twenty-one (21). Other age restrictions may apply.
c) Subscribers are responsible for all acts and omissions of their guests and for any damages caused or expenses incurred by their guests.
d) arrivia Demo will fully refund any Guest Certificate fees, if charged, when a Guest Certificate is canceled more than seventy (70) days prior to the beginning date of the confirmed vacation. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed vacation are not eligible for refund.
a) Subscribers and Subscribers’ guests are responsible for ensuring that all travelers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship or legal residence. Subscribers and Subscribers’ guests must have a valid visa, passport, or proof of citizenship, proof of legal residency status, and immunization evidence, if any, (as required by the countries being visited) in their possession at the time of travel. This applies to all travelers in Subscribers’ group. arrivia Demo assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements.
b) Vacation Confirmations (“Confirmations”) are valid only if issued in writing by arrivia Demo. Subscriber is responsible for verifying al details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying arrivia Demo immediately if any information on the Confirmation is incorrect. Subscriber is responsible for any ancillary charges incurred as a result of changes to any aspect of the Confirmation. Changes may be treated as a cancellation.
c) If confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond arrivia Demo’s control, you waive any and all claims against Westgate.
d) arrivia Demo reserves the right to revoke any and all Confirmations, terminate or suspend the Subscription of the relevant Subscriber, cancel a Guest Certificate, or deny access to any of the products or services offered in connection with this Subscription, in the event a Subscriber or Subscribers’ guests misuse the arrivia Demo vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies may apply.
e) A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
a) arrivia Demo reserves the right to cancel a confirmed vacation, cancel any purchased products, cancel a request, or otherwise deny Subscription benefits of any Subscriber whose payment is rejected by the Subscriber’s bank or credit card company, or whose Subscription has expired.
b) Subscribers must cancel Confirmations by notifying arrivia Demo in writing at 15147 N. Scottsdale Rd., H-210, Scottsdale, AZ 85254. Cancellation will be effective on the date of receipt by arrivia Demo. Changes to a Confirmation may be considered a cancellation subject to re-booking and additional changes or cancellation fees may apply.
c) All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any arrivia Demo Deposits. A arrivia Demo vacation consultant will explain the deposit requirements and booking fees, if any, and the payment schedules, refundability, and cancellation policies upon booking a particular cruise, resort vacation, experiential vacation, tour, hotel, or car reservation.
a) Subscribers may earn and redeem arrivia Demo loyalty points (“Travel Savings Credits”) upon enrollment, and subsequently when making qualifying travel purchases or by qualifying subscription transactions, such as the deposit of the Subscriber’s Vacation Ownership week with arrivia Demo or the timely payment of the Subscriber’s annual Vacation Ownership fees. Travel Savings Credits will be credited to the Subscriber’s account and may be redeemed as a form of partial payment for subsequent arrivia Demo travel transactions. To be awarded or to redeem Travel Savings Credits, the Subscriber must maintain an active arrivia Demo subscription and be in good standing with arrivia Demo and Westgate. Earnings and redemption options and schedules are available on-line at www.westgatecruiseandtravel.com or by calling the arrivia Demo call center at 1-800-572-6169.
b) Earning Savings Credits. Each Subscriber will be awarded an initial amount of Travel Savings Credits upon enrollment, and additional Savings Credits may be awarded on qualifying travel or membership transactions. The Subscriber will be awarded Travel Savings Credits when purchasing on non-package air travel or rental car reservations made through arrivia Demo, by depositing its Vacation Ownership week with arrivia Demo, or as an annual Ownership Anniversary Credit after the Subscriber pays its annual Vacation Ownership fees. The amount of Travel Savings Credits awarded is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. The amount of Travel Savings Credits awarded will vary at arrivia Demo’s sole discretion. Travel Savings Credits awarded on travel transactions will be added to the available balance in your arrivia Demo account following the travel departure date indicated on your Reservation Confirmation, within seven (7) to ten (10) days from the deposit of your Vacation Ownership Week with arrivia Demo, or annually after Westgate reports to arrivia Demo that the Subscriber has paid its annual maintenance fee. The amount of Travel Savings Credits awarded per transaction, including minimums and maximums, are subject to change at the sole discretion of arrivia Demo, and without prior notice to the Subscriber. Other restrictions may apply.
c) Redeeming Savings Credits. Savings Credits have no actual cash value, but may used as a form of partial payment at time of checkout on the net amount of any given cruise vacation, experiential vacation, tour, hotels stay, or car rental. whether purchased online or offline through arrivia Demo. Travel Savings Credits may not be used as a form of payment for any taxes, fees, travel insurance, shipping or handling charges. Each arrivia Demo offering specifies the number of Travel Savings Credits, if any, that may be applied as a form of partial payment in the description of the product or service. The Subscriber may redeem as many Travel Savings Credits as it has in the arrivia Demo account, up to the amount specified for any particular product or service. Travel Savings Credits may only be redeemed by the primary Subscriber(s) listed on the arrivia Demo account, upon verification of their membership information by an authorized arrivia Demo representative. Earnings and redemption options and schedules are available on-line at www.westgatecruiseandtravel.com or by calling the arrivia Demo call center at 1-800-572-6169. Savings Credits redemptions may not be combined with any other discount or promotion.
d) Cancellations. If the purchase of a arrivia Demo vacation is cancelled without penalty, the amount of any Travel Savings Credits redeemed to book that vacation will be refunded to the Subscriber’s arrivia Demo account. If cancellation of a vacation booked using Travel Savings Credits occurs within penalty, Travel Savings Credits will be the last funds applied against penalty. If any Travel Savings Credits remain after penalty they will then be refunded directly into the Subscriber’s arrivia Demo account. If for any reason Travel Savings Credits are applied to a booking after booking has been made and a cancellation of the booking becomes necessary, Travel Savings Credits will be refunded to the arrivia Demo account only after all applicable vacation provider and/or cruise line penalties have been paid by the Subscriber.
e) Limitations, Variations, and Inactivity. The usage of Travel Savings Credits for redemption, including minimums and maximums, are subject to change at the discretion of arrivia Demo, and without prior notice to the Subscriber. Subscription accounts with Travel Savings Credits balances of less than $10 that have not had any online or offline activity for two years may be closed at the sole discretion of arrivia Demo. The Subscriber’s arrivia Demo Subscription may be suspended if you do not remain in good standing with with the arrivia Demo, and arrivia Demo may impose a reasonable fee for reinstatement or reactivation. Travel Savings Credits may not be used to pay reinstatement or reactivation fees. arrivia Demo reserves the right to cancel or withdraw all Savings Credits in a Subscriber’s account if the Subscriber does not remain in good standing with with the arrivia Demo for ninety (90) days or more.
f) Expiration and Termination. Unredeemed Travel Savings Credits expire upon at the end of the Subscriber’s arrivia Demo subscription or any renewal thereof. Travel Savings Credits have no cash value and are not transferable.
g) Customer Service. The Subscriber should contact the arrivia Demo call center at 1-800-572-6169 if it believes there are any Travel Savings Credits amounts that have not been credited to the appropriate arrivia Demo account or for any questions related to available Travel Savings Credits balance.
a) Subscribers hereby permit their inbound telephone conversations with arrivia Demo representatives to be tape-recorded and/or monitored for training and quality control purposes.
b) arrivia Demo may, on occasion, offer products and services through telephone and/or e-mail solicitations. Subscribers consent to such telephone solicitation, including, but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Further, Subscribers acknowledge their consent to be informed of such products and services even if your Subscription has been suspended or has otherwise expired or terminated.
c) A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
d) Replacement or additional Subscription cards will be provided to Subscribers upon request. Subscriber maybe required to pay a $5 per card processing fee to cover the associated costs.
e) If Subscribers and Subscribers’ guests should incur loss or damages through use of any benefit under the Subscription, arrivia Demo’s liability for such loss or damage will be limited to the injured party’s fees paid for the Subscription or vacation in which such loss or damage occurred, and in no event will arrivia Demo be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of arrivia Demo. In no event will arrivia Demo be liable for any negligent or intentional action or failure to act, or for any injuries or losses arising from the accommodations of any resort, hotel, cruise, experiential vacation, or tour provider or from any other travel related product or service provided to Subscriber directly.
f) These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating vacations may be changed from time to time by arrivia Demo in its sole and absolute discretion without prior notice to Subscribers. Current Terms and Conditions, Subscription fees, benefits, and procedures can be reviewed online at www.westgatecruiseandtravel.com, which shall supersede all other arrivia Demo Subscription Terms and Conditions.
g) Programs and services offered through arrivia Demo or by third parties with the permission of arrivia Demo are subject to separate Terms and Conditions and may be changed or eliminated without prior notice.
h) Failure to comply with these Terms and Conditions or failure to pay any sums owed to arrivia Demo, may result in the suspension or termination of Subscriber’s Subscription without further obligation. If suspension is based upon non-payment, Subscriber’s Subscription will remain suspended until all sums that are owed are paid in full and will not be extended beyond its original expiration date.
i) Programs, products, and services offered through arrivia Demo or by third parties with the permission of arrivia Demo, including but not limited to reservations, accommodations, certificates or promotional items, may not be used for any commercial purpose, including without limitation auction, rental or sale. Unauthorized transfer of any rights or benefits conferred pursuant to any membership agreement is grounds for immediate termination without refund.
j) This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. Venue for any action arising hereunder shall exclusively lie in Orlando, Orange County, Florida. Subscriber hereby expressly submits himself/herself to personal jurisdiction in the State of Florida.
k) EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, ANDINTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS,COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTIONWITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIRAFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHERSUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OFTORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING.
l) In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to the recovery of all court costs and attorneys’ fees inclusive of court costs and attorneys’ fees incurred in any appellate proceedings. l) The Seller of all travel and travel products is arrivia Demo located at 15147 N. Scottsdale Rd., H-210, Scottsdale, AZ 85254. Florida Seller of Travel Registration #ST-29452; California Seller of Travel Registration #CST 2066521-50; Nevada Seller of Travel Registration #200070147; Washington Seller of Travel Registration UB# 602 443 155 001 0001; and Hawaii Seller of Travel Registration #TAR-5192.
m) arrivia Demo are trademarks of Central Florida Investments, Inc., which may not be used without the prior written permission from Central Florida Investments, Inc. Other brand names may be trademarks of their respective owners.