These Diamonds International Privileges Terms and Conditions (the "Terms and Conditions") set forth a legally binding agreement between Diamond International Privileges ("Privileges") and each Privileges purchaser who enrolls into the subscription membership and/or purchases products and services through Privileges (“Member,” “Purchaser,” “Traveler,” “Passenger,” “Redeemer” “Subscriber” and “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 Privileges ("Provider Terms"). By purchasing products and services through Privileges, Purchaser acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms, which are incorporated herein and Purchaser 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”). Additionally, Purchaser agrees that it is Purchaser’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through Privileges of the contents of these Terms and Conditions and all applicable Provider Terms.
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
Privileges purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center ("OVC") and d.b.a. Diamond International Privileges (collectively “Privileges”), under agreement with American Express Travel. ICE is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI #602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #1 is held at First Hawaiian Bank) and California #CST 2066521-50. Registration as a Seller of Travel does not constitute approval by the State of California. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA's products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states that Privileges carries its own producer license, or equivalent, the numbers are (AL 775746; AZ 1099672; CT 2485378; HI 447049; ID 593498; MA 2017779; MI 0111010; MT 100129788; OH 1128528; PA 794952; SC 210204; WV 100231297).
Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party providers. While Privileges makes reasonable efforts to ensure that this information is accurate and complete, Privileges expressly disclaims liability for inaccurate, incomplete, or misleading information.
These Terms and Conditions are subject to change at the discretion of Privileges without prior notice. By purchasing products and services through Privileges, Purchaser acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.
Privileges purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Failure to adhere to this limitation will result in the termination of website access benefits, the cancellation of all unredeemed certificates, and the retention of all payments made by Purchaser up until such prohibited use is discovered by Privileges.
Purchaser and the Privileges are dealing at arms' length, creating a commercial relationship. Privileges is not the Purchaser’s agent or Purchaser’s fiduciary. By purchasing products and services through Privileges, Purchaser acknowledges and agrees that no such agent or fiduciary relationship exists between Purchaser and the Privileges. Privileges and OVC are acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by Privileges.
All products and services offered through Privileges (including travel products such as air, car, hotel, attraction tickets, ground transportation, tours, etc.) are available for purchase through Privileges by Privileges Lifestyle Collection account holders only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through Privileges.
Diamond Dollars may initially be awarded upon Privileges account activation, and subsequently when making qualifying purchases through Privileges (“Diamond Dollars”). Diamond Dollars will be credited to your Privileges account and may be redeemed as a partial payment for subsequent Privileges purchases. To be awarded or to redeem Diamond Dollars, Purchaser must maintain an active Privileges account.
Earning Diamond Dollars . Purchaser may be awarded an initial amount of Diamond Dollars upon Privileges account activation, and additional Diamond Dollars may be awarded on qualifying travel transactions through Privileges. The Diamond Dollars award amount is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. Diamond Dollars award amount will vary at Privileges’ sole discretion. Diamond Dollars awarded on travel transactions will be applied to the available balance in Purchasers Privileges account within seven (7) to ten (10) business days following the travel departure date indicated on the reservation confirmation. The amount of Diamond Dollars awarded per transaction, including minimums and maximums, are subject to change at the sole discretion of Privileges, and without prior notice. Other restrictions may apply.
Redeeming Diamond Dollars. Diamond Dollars have no actual cash value, but may be redeemed as a form of partial payment, at time of checkout, on the net amount of select travel or Privileges transaction, whether purchased online or offline. Diamond Dollars may not be redeemed toward payment for any taxes, fees, travel insurance, shipping or handling charges. Each Privileges product and service specifies the amount of Diamond Dollars that may be applied as a form of partial payment in the description of the product or service. Purchaser may redeem as many Diamond Dollars as Purchaser has available in Purchaser’s Privileges account up to the amount specified for any particular product or service. Diamond Dollars may only be redeemed by the primary account holder(s) listed on the Privileges account, upon verification of the Privileges account information by a Privileges representative. Earnings, redemption options and schedules are available online at www.diamondsinternational.memberprivileges.com or by calling Privileges customer service. Diamond Dollars redemptions may not be combined with any other discount or promotion.
Purchase Cancellations. If the purchase of a Privileges product or service is cancelled without penalty, any Diamond Dollars redeemed to purchase that product or service may be refunded to the Purchaser’s Privileges account. If cancellation of a product or service using Diamond Dollars occurs within penalty, Diamond Dollars will be the last funds applied against penalty. If any portion of Diamond Dollars remains after penalty it may be refunded directly into the Purchasers Privileges account. If for any reason Diamond Dollars are applied to a travel booking after booking has been made and a cancellation of the travel booking becomes necessary, Diamond Dollars may be refunded to the Purchaser’s Privileges account only after all applicable provider penalties have been paid by the Purchaser. Upon cancellation or refund of a Privileges product or service, Diamond Dollars awarded may be withdrawn at Privileges’ sole discretion.
Limitations, Variations, and Inactivity . The usage of Diamond Dollars for redemption, including minimums and maximums, are subject to change at the discretion of Privileges, and without prior notice to Purchaser. Privileges accounts with Diamond Dollars 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 Privileges. Privileges account may be suspended if Purchaser does not remain in good standing with the Privileges account. Privileges may impose a reasonable fee for reinstatement or reactivation. Diamond Dollars may not be used to pay reinstatement or reactivation fees. Privileges reserves the right to cancel or withdraw all Diamond Dollars in a Purchaser’s Privileges account if the member does not remain in good standing with the Privileges account for ninety (90) days or more.
Expiration and Termination. Unredeemed Diamond Dollars expire within twelve (12) months of issuance and/or upon termination of Purchaser’s Privileges account or any renewal thereof. Diamond Dollars have no cash value and are not transferable.
Customer Service. Please contact Privileges customer service for any Diamond Dollars questions.
Vacation Cash may be applied towards the purchase of future cruise, hotel, air, or resort bookings made over the phone with Privileges only. Limitations apply when redeeming Vacation Cash for air travel. Vacation Cash may not be used for car rentals, travel insurance, or merchandise (as available). Vacation Cash may not be combined with any other discounts, promotions, or loyalty currency. Vacation Cash has no cash value and expires if not used within thirty (30) days of its issuance, unless stated otherwise. In the event that you cancel your booking that was made using any amount of Vacation Cash, the Vacation Cash will be the last funds applied against any cancellation penalty, as applicable.
The price or rate of products and services listed for each product or service is based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product prices or rates are based on space availability and subject to change without notice. Additional fees may apply. Special prices or rates may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices or rates and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel 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 changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to Purchaser, and Purchaser agrees to such increase, unless otherwise stated in the terms and conditions of the individual transaction.
a. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of Privileges without prior notice.
b. A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into Privileges to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel, and airline ticket online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of Privileges. Savings Credits may not be used as a form of payment for the Call Center Fee.
c. Depending on the type of Subscription Enrollment the redemption of certificates may be limited until certain monthly Subscription Fee’s have been paid as detailed on the Enrollment under Certificate Redemption Limitations, as applicable.
d. Any Certificates issued to you as part of a Subscription enrollment, or otherwise, may require a redemption fee that will be charged when booking the respective travel. The redemption fee may vary from time to time in the sole discretion of Privileges. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
All fees and charges are stated and payable in United States Dollars (USD).
Privileges products and services may be purchased with any valid credit card. Purchaser may purchase products or services with a debit card that displays a Visa or MasterCard logo. 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 your credit card or debit card transaction, Privileges will make reasonable efforts to contact Purchaser, but Privileges reserves the right (without refund or credit) to cancel a confirmed booking if payment is denied by Purchaser’s financial institution. Purchaser will be responsible for any travel provider penalties assessed due to a payment being rejected by Purchaser’s financial institution. Additionally, OVC, as the travel administrator for the Privileges program, will assess a $25.00 USD fee per person if any transaction is denied by Purchaser’s financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make other final payment arrangements or if Purchaser experiences technical difficulties with the website and is not sure of the status of a reservation or payment, call Privileges customer service for assistance.
In the event that Your credit card is declined at the time that OVC attempts to process any payment contemplated by this Agreement, You hereby authorize OVC to attempt to charge such card for lesser amounts until the charge is accepted. OVC agrees to provide you with pro-rated access to benefits in the event that OVC receives a partial payment as contemplated by this Section. By charging Your credit card for a lesser amount than the amount that is due, OVC does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to OVC.
The fees assessed by Privileges, OVC, and/or travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through Privileges. Each travel provider has specific cancellation policies and penalties separate and apart from Privileges. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Purchaser must cancel any travel booking, please call Privileges customer service representative immediately, or in writing, at the following address: Privileges Attn: Cancellations, 7720 N. Dobson Rd., Scottsdale, AZ 85256, or at the following fax number: 602-626-2654. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is the Purchaser’s responsibility to ensure cancellation requests are properly received by Privileges. Refunds may take up to eight (8) weeks from the Cancellation Date.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
a) The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. Privileges will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee , as applicable . So long as Subscriber complies with all of the terms of the Subscription Enrollment and Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
b) In return for receiving the Subscription Benefits, Member promises to pay Privileges (in advance) according to the Subscription Type and associated pricing listed on the Enrollment and/or Receipt. In order to facilitate the Subscription, Member hereby agrees to provide Privileges with payment information for a valid credit or debit card that Member is authorized to charge at all times during the Term, and Member hereby consents to the automatic and recurring payment of the Monthly and Annual Subscription Fee using such credit or debit card. Member may change the credit or debit card used for payment of Monthly and Annual Subscription Fees by contacting Privileges. Payment for Subscription Benefits are due in advance, and Member is not eligible to receive any Subscription Benefits or other goods or services contemplated by this agreement unless Member has paid Privileges for such Subscription Benefits or other goods or services in advance. If Member fails to pay any Monthly or Annual Subscription Fee or other fee or charge contemplated by this agreement on or before the stated due date thereof, Member will be ineligible to receive any associated Subscription Benefits, and Privileges may terminate this Agreement upon written notice to Member within thirty (30) days of any missed or late payment.
c) In the event Member allows the Subscription to lapse due to non-payment, a reinstatement fee shall be payable to Privileges before the Subscription is renewed and Member can use any benefits of the Subscription.
d) All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of Privileges.
e) Member may cancel the Subscription as follows:
i. For Non-Florida Resident Cancellation (10 Day Cancellation):
Members renewing the introductory or premium Membership, or enrolling in a new promotion will have ten (10) days from the enrollment date to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this enrollment up to midnight of the tenth (10th) day from the enrollment date by providing written notice of such cancellation to: PRIVILEGES Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 602.308.1953. Cancellation requests postmarked later than ten (10) days after the enrollment date will result in no refund.
ii. For Florida Resident Cancellation (30 Day Cancellation):
Members renewing the introductory or premium Membership, or enrolling in a new promotion will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Member may also cancel this contract if accommodations or facilities are not available pursuant to a request for use as provided in the contract. In addition to any right to otherwise revoke an offer, Member may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to: PRIVILEGES Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 or fax to: 602.308.1953. Cancellation requests postmarked later than thirty (30) days after the enrollment date will not be honored. After the expiration of the thirty (30) day rescission period, this enrollment is final and the amounts paid under the subscription are not refundable. This contract is for the purchase of a vacation certificate(s)/membership and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes.
iii. After 10 days for non-Florida residents and after 30 days for Florida residents, Member may cancel without a refund due to Member at any time by providing Privileges written notice of cancellation to PRIVILEGES, 7720 N. Dobson Rd., Scottsdale, AZ 85256.
Privileges does not assume any liability or responsibility, without limitation for, damage, expense, inconvenience, loss, injury, death or damage to persons or property on any Cruise, RESORT/HOTEL or on any aircraft/ship in transit to and from Cruise, or RESORT/HOTEL, or for any cause whatsoever due to delays, cancellations due to nature, Oil Spills, mechanical breakdown, strikes, civil unrest, Terrorism (or Threat of Terrorism) or acts of God.
PRIVILEGES SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME 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 AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. PRIVILEGES’ LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF PRIVILEGES WILL BE LIMITED TO THE FEES PAID BY PURCHASER TO PRIVILEGES FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ICE BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO PRIVILEGES’ AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF PRIVILEGES.
The fulfillment of the travel benefits, these Terms and Conditions and/or vacation certificates of the Privileges program shall be governed exclusively by and construed under the laws of the State of Arizona without regard to conflicts of law principals. Purchaser consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Arizona state courts situated in Maricopa County, Arizona and the United States District Court for the District of Arizona for all cases and controversies relating to or arising out of this program. PURCHASER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURTY. In the event a Purchaser or Purchaser’s Guest in initiates an action at law or in equity and ICE prevails, Purchaser and/or Guest shall, without limitation, pay all costs incurred by ICE in defending such action, including reasonable attorney’s fees, paralegal fees and court costs.
(i) MEMBER AND PRIVILEGES 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 PRIVILEGES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR PRIVILEGES ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND PRIVILEGES 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, PRIVILEGES, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, We may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/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.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. 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. 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.
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 855-678-8731 or email firstname.lastname@example.org . 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.
Purchasers 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 travel providers may have additional age related and/or physical restrictions. Please note the terms and conditions on the individual product or service description for more details.
The following Additional Terms and Conditions apply to purchases of travel products and/or services and in the event of any conflicts between this section and the any other section of the Terms and Conditions, these travel products and/or services terms and shall take precedence and prevail with respect to the purchase of travel products and/or services by Privileges Purchasers.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by the Privileges or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Purchaser 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 their complete legal names as they appear on their respective proof of citizenship documents. It is Purchasers’ 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 the Privileges customer service immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
Maximum Occupancy . In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation. Travel providers may require that Travelers have in their possession proper documentation required by the United States and/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. Privileges 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 provider service/accommodation.
Travel Documents. Booking Confirmations 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 Purchaser approximately two (2) 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 travel provider's prior written consent. When a name change is required additional fees may apply. Notify Privileges customer service immediately if changes or corrections are required.
Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Privileges urges Travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. 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.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, PRIVILEGES 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.
The following Additional Golf terms and conditions apply to purchases of golf or golf products and/or golf services. In the event of any conflicts between this section and the any of the Terms and Conditions, these Additional Golf terms, shall take precedence and prevail with respect to the purchase of golf or golf products and/or services by Privileges Purchasers.
Cancellation and Modification. Golf reservations are non-refundable within 24 – 72 hours of the tee time or as determined by the golf course. Cancellations outside of the golf course cancellation period may be made by calling Privileges customer service. Purchaser may receive a confirmation of the cancellation within 24 hours. If the golf course officially closes, contact Privileges customer service for assistance with rebooking or refunding golf tee time reservations. Reserved tee times cannot be moved to another course, date or time. The displayed golf course, date and time is when the round must be played unless Purchaser gives prior notice and receives confirmation directly from the Privileges customer service. If Purchaser fails to show up for a reserved tee time, no refund will be honored.
Golf Best Price Guarantee. Golf Best Price Guarantee applies only to the posted price as displayed on the same golf course's own public facing website and does not include walk-up rates or specials that cannot be verified with the golf course's website.
The following terms and conditions apply to purchases of wine or wine products and services through the Website. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect only to the purchase and shipping of wine or wine products and services by Members.
Providers. Where local law allows, We have chosen WineDirect, Inc., to select the wines and operate the wine benefits program on International Cruise & Excursion Gallery, Inc.’s (“We,” “Us,” “Our”) behalf. WineDirect, Inc., uses suppliers’ direct to consumer shipping permits and ships in accordance with direct shipping laws for states where we ship. ALL ALCOHOLIC BEVERAGES PURCHASED THROUGH US, ARE SOLD BY THE LICENSED SUPPLIER AS SELLER OF RECORD. We and WineDirect, Inc., make no representation of the legal rights of anyone to ship or import alcoholic beverages into any state. All redemption of Member benefits will be facilitated by Us. Due to state laws, wine can be purchased by adults 21 years and older.
Age Restrictions. Members must be at least 21 years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Individuals below the legal drinking age may purchase non-alcoholic products from the website. Drinking wine may increase risk for cancer, and, during pregnancy, can cause birth defects.
Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
Sale and delivery . We provide for the sale of wine products and services in the United States and will only be shipped where it is not prohibited by law. Wine Direct does not deliver wine or other alcoholic beverages outside the United States. Sales are subject to all Federal, State and Local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable Federal, State and Local taxes. Members who do not reside in areas where the delivery of wine is legal, or live outside the United States, or reside in areas where We, at Our sole discretion elect not to deliver wine, may purchase non-alcoholic products.
Parental Control Protections. As required by the Communications Decency Act of 1996, We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content including alcohol purchases that may be harmful to minors.
No Warranties. To the extent permissible under law, We disclaim any and all warranties, express or implied, for any product or service sold on the Website, beyond warranties provided by the supplier or manufacturer.
Limit of Liability . We shall be held harmless and otherwise disclaim any liability, without limitation, for any loss, injury, death or damage to persons or property, stemming from or otherwise related to the products and services sold on the Website. Further, in no event shall We be liable for any indirect, punitive, incidental, special, consequential, lost profits, loss of use, or any other damages whatsoever, without limitation, arising out of or in any way connected to the products and services sold on the Website. Inclusion of any product or service on the Website does not constitute an endorsement by Us.
Return Policy . Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, We reserve the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.
Wine Best Price Guarantee. Our Best Price Guarantee is only applicable against the winery’s price as listed on its web site at the time of purchase or within 24 hours after purchase. Customers must provide verifiable proof of the lower price, which must be available to the general public. Prices for wine club members, certificate-holders, recipients of e-mails or other restricted sales will not be honored. If Customer finds that the winery is charging a lower price for the exact same product, including vintage, the Administrator will issue a credit for the difference in price to the card used to purchase the wine from Us.
A. Must be 21 years of age to Order and Sign for Delivery . We strongly recommend sending all orders containing alcoholic items to a daytime or business address in order to ensure completed delivery. Alcoholic shipments will require a signature by persons of at least 21 years of age for delivery. By placing an order through Us, the Member is representing him/herself to Us as being at least 21 years of age and that the person to whom it is being shipped is at least 21 years old. Member is responsible for incomplete deliveries and shipments, including but not limited to, restocking fees and/or reshipping costs.
B. No PO Boxes. USPS regulations restrict shipping alcohol to PO Boxes or APO/FPO addresses.
C. Not all states are eligible for delivery of alcohol . Shipments are only within the continental United States. Listed shipping rates are valid only for those shipments within the continental US and are limited to the states that wineries can ship to. The states that allow wine delivery may change without notice, and not all winery products are eligible to be shipped to the same states. We cannot ship wine to the following states: AK, AR, AL, DE, HI, KY, MS, OK, RI, UT, and VA.
D. Consider the Weather. Temperature variances can occur during the summer months and it is the Member’s responsibility to consider the necessary packaging in order to protect their wine purchases. We may at times make suggestions such as overnighting shipments or suggest to hold the shipments back in order to ensure the integrity of the wines due to inclement weather. Member will have the ability to purchase cool pack and/or air shipping to protect packages from heat spikes when ordering.
Wine Travel Packages . Wine travel packages are covered as vacation packages within the Privileges Terms and Conditions.
The following additional merchandise terms and conditions apply to purchases of products and services through International Cruise & Excursion Gallery, Inc. (herein as “We,” “Us,” “Our”). In the event of any conflicts between this section and the any section of the Terms and Conditions, these additional product and service terms shall take precedence and prevail with respect to the purchase of merchandise through Us.
Sales Tax . We are required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.
Shipping and Handling (S/H). Products may only be shipped to a valid United States address in the Contiguous 48 States. Shipping and handling charges are automatically calculated on a per-item basis and after Purchaser provides the "Ship To Address" information. We cannot ship to a PO or APO address. We reserve the right to restrict delivery to certain remote locations. Products ordered together may not necessarily ship together. Please allow processing time for all orders. Stock items are shipped via standard ground service within 2-3 business days. For items shipped directly from the manufacturer, (drop ship items), please allow 1-8 weeks for delivery, depending on the item. Some items may take longer for delivery such as Furniture and Large Appliances.
Prices and Expiration. Except where otherwise noted, the displayed list price on the website may represent the full retail price suggested by the manufacturer and/or supplier; or may be estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The product list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice, and we disclaim any such liability or responsibility for rapidly changing prices. In the event of an erroneously published price, We reserve the right to cancel the order.
Products. All items are manufactured by independent suppliers. We and Our subsidiaries, affiliates and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to suppliers items, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturer's unforeseen product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer's updated or similar product, each of which will be of equal or greater value than the product ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the item shown, not the substituted product. Model numbers may be unique to this website and may not match manufacturer's retail model numbers. We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product received is not as described, Purchaser’s sole remedy is to return it in unused condition.
Cancellations. Due to our automated order processing system, We cannot cancel an order; however, We offer a thirty (30) day return policy, from the receipt of order.
Returns. If Purchaser is dissatisfied with a merchandise purchase, Purchaser must return the item in saleable condition, within thirty (30) days of receipt of order. We will gladly exchange the item or credit your account or issue credit to the credit card used for the merchandise purchase. A re-stocking fee may apply and freight charges are non-refundable. Merchandise purchased as a set may not be retuned individually. To help Us maintain quality standards and understand the reason for the return, We require that Purchaser calls Our customer service to obtain a Return Authorization number (RA#). All returns should be shipped via the method received, using the RA label provided. We will promptly process the return upon receipt. If Purchaser has misplaced the packing slip, please include a note inside the package with the following information: name, address, order number and items ordered. Please allow a reasonable processing time to process the return and issue a credit. In the rare event the ordered merchandise arrives damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt and call Privileges customer service immediately. All damages must be reported within 24 hours of receipt.
Merchandise Best Price Guarantee : The Best Price Guarantee applies only to rates or prices both advertised and available to the general public on an English language website. The Best Price Guarantee applies only to the base cost of the Product, not including taxes, service fees or other charges. Best Price Guarantee does not apply to rates or prices offered on other membership program websites, corporate discounts, military rates or prices, group, charter, negotiated rates or prices, flash sales rewards program, incentive, meeting, convention, consolidator or interline rates, rates obtained via auction or similar process, available by using a coupon/voucher or other promotion not offered to the general public or a pay in advance coupon/voucher promotion. The lower rate or price may not come from a website where you have to call to get the rate or price, or from an e-mail. The rate or price must be viewable, quoted, booked, and paid for in US dollars (without reference to currency converters). Lower rates or prices do not include errors or mistakes.
The following additional cruise and resort certificate terms and conditions govern the use and redemption of a cruise and/or resort certificate by the subscribing member and guest(s), if applicable (“Redeemer”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a cruise certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable cruise line and hotel/resort terms and conditions and policies and procedures.
Cruise Certificate Redemption : Cruise certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website or calling us at the above number. Cruise certificates are valid for one (1) inside cabin for two (2) Passengers on select cruise itineraries, subject to the exclusion and limitations stated herein. Length of cruise can be found on the front of the cruise certificate or on our website under “My Certificates”. Redemption fees, booking fees, fuel surcharges, government fees, taxes, port expenses, airfare, transportation, travel insurance, and any other charges associated with the cruise are not included. Redeemer is responsible for all charges incurred in excess of the certificate offer, including, onboard incidentals, alcoholic and certain non-alcoholic beverages, gratuities, ground transportation, personal expenses, utility or security deposits, and other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities. Airfare, travel insurance, third and fourth guest fares, cabin upgrades, cruise upgrades and extension of length of cruise, when available, may be purchased at the time of the cruise booking for additional fees. Cruise certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Cruise certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. Redeemer must book the cruise, regardless of the travel date, on or before the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Cruise certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed cruise certificates have no value. We are not responsible for lost or stolen cruise certificates. Lost or stolen cruise certificate(s) may be replaced at our sole discretion. If we elect to replace a lost or stolen cruise certificates, processing fees may apply. Photocopies of cruise certificates or other reproductions will not be honored. Cruise certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Cruise certificate is void if resold for cash or other consideration. In the event the cruise booking is used by guests only, and not the Redeemer, additional charges may apply. Cruise lines, itineraries and sail dates offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Cruise certificate(s) may not be combined with any other offer relating to the same accommodations. All cruise line and cruise ship restrictions and rules apply, including arrival and departure times. We are not responsible for notifying travelers of any cruise line and/or cruise ship changes.
Booking Cancellations: In the event cancellation of a booked cruise becomes necessary by Redeemer, call customer service immediately at the number above or submit the cancellation by providing a written notice to: Attention Cancellations: 7720 N. Dobson Rd., Scottsdale, AZ 85256. All booking cancellations must be received by OVC in conformance with our Terms and Conditions and with cruise line terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any cruise line cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a cruise certificate.
Resort Certificate Redemption : Resort certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website, or calling us at the number above. Resort certificates are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room, studio, one-bedroom, one-three bedroom units at select properties. All resort properties and destinations are subject to availability, seasonality, and room type restrictions. Length of resort stay can be found on the front of the resort certificate or online under “My Certificates”. Resort certificate offer includes only accommodations and specifically excludes redemption fees, taxes, travel costs, travel insurance and other expenses that may be incurred such as personal expenses, security deposits, and other fees and charges levied by the resort/hotel such as all-inclusive fees. Airfare or any ground transportation is not included. Any personal taxes associated with the redemption of the resort stay certificate, is the responsibility of the Redeemer. Redeemer is responsible for all acts or omissions of Redeemer and/or Guests and for any damages caused or expenses incurred by Redeemer and/or Guests. Other restrictions may apply. Some resorts may require an all-inclusive fee. Resort certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Resort certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. Redeemer must book the resort or hotel stay prior to the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Resort certificates will not be extended past the expiration date for any reason. Resort certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed resort certificates have no value. We are not responsible for lost or stolen resort certificates. Lost or stolen resort certificate(s) may be replaced at Our sole discretion as it may determine. If we elect to replace a lost or stolen resort certificate, processing fees may apply. Photocopies of resort certificates or other reproductions will not be honored.] Resort certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Resort certificate is void if resold for cash or other consideration. In the event the resort stay is used by Guests only, and not the Redeemer, additional charges may apply. Resort/Hotel properties and destinations offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Resort certificate(s) may not be combined with any other offer relating to the same reservation or accommodations, except as specifically stated on future promotions. All resort/hotel restrictions and rules apply. Attendance at a sales presentation is not required.
Booking Cancellations: In the event cancellation of a booked resort/hotel becomes necessary by Redeemer, call us immediately or submit the cancellation by providing a written notice to: Attention Cancellations: 7720 N. Dobson Rd., Scottsdale, AZ 85256. All booking cancellations must be received by OVC in conformance with the Terms and Conditions and with resort/hotel terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any resort/hotel cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a resort stay certificate.
Updated April 30, 2018