These GPX Powered By Arrivia Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between Grand Pacific Resorts (“GPX”) and each GPX member (“Member,” “Traveler”, “Subscriber,” or “You”) who enrolls into the exchange, and/or purchases products and services through the GPX Powered By Arrivia program. 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 GPX (collectively "Provider Terms"). By purchasing products and services through GPX, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the GPX subscription membership (“Membership”), which are incorporated herein, 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”). Additionally, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through GPX of the contents of these Terms and Conditions and all applicable Provider Terms.
GPX purchases, benefits and transactions are administered and fulfilled by Arrivia, Inc., d.b.a. Arrivia and d.b.a. Our Vacation Center (“OVS”) , under contract with Grand Pacific Resort Services, LP. Arrivia is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. Arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. Arrivia is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. Arrivia maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.
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 Arrivia 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 travel providers. While ARRIVIA makes reasonable efforts to ensure that this information is accurate and complete, ARRIVIA expressly disclaims liability for inaccurate, incomplete, or misleading information.
These Terms and Conditions are subject to change at Our discretion without prior notice. By purchasing products and services through Us, 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.
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 account without refund. We reserve the right, in our sole discretion, to suspend or terminate your account in the event we suspect that it is being used for commercial or business purposes.
You are dealing with Us at arms length, creating a commercial relationship. We are not your agent or your fiduciary. By purchasing products and services through GPX, You acknowledge and agree that no such agent or fiduciary relationship exists between You and Us. We 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 Us.
All products and services marketed herein are available for purchased by You. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through ARRIVIA. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through us. Member expressly allow us to suspend or terminate access to our website in our discretion if we have reason to believe access is being used for any unlawful purpose.
Our website search results populate based on the parameters You provide for type of travel, destination, and dates of travel. By default, the results are sorted and listed based on largest to smallest saving percentage. After the list is populated, You may change the list order and sort based on other criteria such as biggest dollar savings, high or low pricing, high or low rating, amenities, travel product name and/or travel product distance, among other options based on travel type. This capability allows You to view the results based on your preferences.
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 and taxes, fuel surcharges, and port expenses are additional, unless otherwise stated. Travel product rates/prices are based on space availability and subject to change without notice. Additional fees may apply. Special rates may not be applicable with other offers. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices/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/rate imposed by the travel provider will be passed on to You, and You agree to such increase, unless otherwise stated in the terms and conditions of your individual travel transaction.
We recognize that chargebacks can happen for a variety of valid reasons. However, if You make a credit card payment through Us, and You later dispute this legitimate charge by raising a chargeback without merit, whether fraudulently or otherwise, We may take steps to recover any charges resulting from such an unmerited chargeback from you directly. Invalid chargebacks include but are not limited to: disputing a charge made outside of the prescribed cancellation policy; disputing a charge made in respect of the booking in which you fail to make reasonable efforts to work with Us or provider to resolve any issues; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request. We take a zero-tolerance approach to chargeback fraud. Furthermore, in the event of any unmerited chargeback requests, We reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency, or any other lawful means to recover funds successfully charged back to you in such circumstances.
To facilitate your transactions with Us, We will charge your payment method for “Taxes and Fees.” “Taxes and Fees” includes an the estimated total that we will pay to the hotel or supplier for taxes and government fees it owes related to your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and/or other similar taxes. The amount paid to the supplier for taxes and fees may be less than the amount we estimate and charge to You. The balance of the charge for Taxes and Fees is a service fee We retain as part of the compensation for Our services and to cover Our costs for making reservations, including, for example, customer service costs. We may also include Our service fee in the Taxes and Fees section, which is a fee You pay to Us. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount We pay the hotel and the location of the hotel where You will be staying and may include profit that We retain.
Depending on the type of booking You make through Us, You may be charged additional fees by Our travel providers, including, but not limited to:
Our travel providers may require you to put a payment method on file upon check in to pay these and/or other charges directly to the travel provider upon check out. Contact the travel provider directly to determine what charges apply to your reservation.
Additionally, travel 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.
Contact the travel provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.
All fees and charges are stated and payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location.
Our products and services may be purchased with any valid credit card. If using a debit card, Member 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 Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but LC reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel 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 website or Member is not sure of the status of Member’s reservation or payment, please call Our concierge 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.
Uplift is a third-party provider of payment programs that provides payment options for You. Any transaction, agreement, or arrangement that You enter into with Uplift is solely between You and Uplift. We are not a party to such transaction, agreement, or arrangement and disclaim any responsibility or liability for the same. Further, Uplift is solely responsible for the content, materials and/or information contained in any Uplift websites that may be accessed via Our site. Such links are provided by Us solely for your convenience.
Member may initially be awarded Savings Credits (“Savings Credits”) upon Membership enrollment, and subsequently when making qualifying travel purchases through GPX or by qualifying Membership transactions, such as the deposit of Member’s Weeks with LC or the timely payment of the annual Membership fees. Savings Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent GPX purchases. Savings Credits may not be used as a form of payment for the call center fee. Member must be in good standing with and maintain the Membership in good standing to earn or to redeem Savings Credits.
Earning Savings Credits. Member may be awarded an initial amount of Savings Credits upon Membership enrollment, and additional Savings Credits may be awarded on qualifying travel or Membership transactions. Member may be awarded Savings Credits when purchasing non-packaged air travel, rental car reservations or golf tee times made through GPX by depositing Member’s Week with LC, and/or as an annual Membership anniversary credit after annual Membership fees have been paid. Savings Credit award amount is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. Savings Credits award amount will vary at LC’s sole discretion. Savings Credits awards for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Reservation Confirmation, award for the deposit of Member’s Week with LC will be applied within ten (10) business days from the deposit date and for GPX membership anniversary award will be applied on the anniversary of Member activation date with GPX. The Savings Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of LC, and without prior notice to Member. Other restrictions may apply.
Redeeming Savings Credits. Savings Credits have no actual cash value, but may be redeemed towards partial payment, at time of checkout, for qualifying travel or other transactions completed by Us, whether purchased online or offline. Savings Credits may not be redeemed toward payment of any taxes, fees, and travel insurance, shipping or handling charges. Each available GPX product will specify the maximum amount of Savings Credits, if any, that may be redeemed as partial payment in the description of the product or service prior to purchasing or booking. Member may redeem as many Savings Credits as Member has available in Member’s account, up to the amount specified for any particular product or service. Savings Credits may only be redeemed by the primary Member(s) listed on the Membership account, upon verification of the Membership information by a GPX representative. Earnings, redemption options and schedules are available online at festiva.lifestylecollection.com or by calling Our concierge. Savings Credits redemptions may not be combined with any other discount or promotion.
Purchase Cancellations. If You cancel your product or travel purchase with Us outside of any applicable penalty periods, any Savings Dollars redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Savings Dollars occurs within a penalty period, Savings Dollars may be applied against penalty after any cash used in the purchase of that travel booking. If any portion of Savings Dollars remains after penalty is paid, the remaining Savings Dollars may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Savings Dollars awarded may be withdrawn at Our sole discretion.
Limitations, Variations, and Inactivity. The usage of Savings Credits for redemption, including minimums and maximums, are subject to change at Our discretion, and without prior notice to Member. Membership accounts with Savings Credits balances of less than $10 that have not had any activity for two years may be closed at Our sole discretion. Membership may be suspended if Member does not remain in good standing with GPX, and We may impose a reasonable fee for reinstatement or reactivation. Savings Credits may not be used to pay reinstatement or reactivation fees. We reserve the right to cancel or withdraw all Savings Credits in a Member’s account if the Member does not remain in good standing with their Membership for ninety (90) days or more.
Expiration and Termination. Unredeemed Savings Credits expire upon the termination of the Membership or any renewal thereof. Savings Credits have no cash value and are not transferable.
Customer Service. Please contact Our concierge if Member believes there are Savings Credits that have not been credited to Member’s account or for any questions related to the available Savings Credits balance.
Member may initially be awarded specific program loyalty points (“Points”) upon Membership enrollment, and subsequently when making qualifying Membership transactions. Points will be credited to the Membership account and may be redeemed towards partial payment, at time of checkout, to the net amount of a travel or other transaction completed through Us, whether purchased online or over the phone. Where applicable, Points may be converted Vacation Cash for use on subsequent, qualifying travel purchases through Us. Member must maintain their Membership account in good standing to earn or to redeem Points. Points have no cash value, and the usage of Points for redemption, including minimums and maximums, are subject to change at Our sole discretion, and without prior notice to Member. Certain other limitations or restrictions may apply based on Your individual program.
The fees assessed by Arrivia, 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 GPX. Each travel provider has specific cancellation policies and penalties. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event You must cancel any travel booking, please contact Our concierge immediately, or in writing, at the following address:
GPX Program
Attn. Cancellations,
15147 N. Scottsdale Rd. Suite 210
Scottsdale, Arizona, 85254
Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is your responsibility to ensure cancellation requests are properly transmitted. 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.
We are not responsible for and otherwise disclaim any responsibility, liability, or other damages related to third-party suppliers cancellation and refund policies or their issuance of future cruise or travel credits, certificates or other forms currency in exchange for a future right to travel with the third-party supplier. In addition, We may facilitate options to cancel, rebook, or receive such credits to be used in the future with third-party suppliers, however, by doing so We are not making any recommendations or representations as to the financial condition of the third-party suppliers.
SUSTAINABILITY COMMITMENT
We are committed to environmentally sustainable practices and encourage Our customers to consider the same. We have adopted many business practices and policies to further our commitment and help combat climate change by minimizing its global emissions, increasing our recycling efforts, and promoting efficiency in travel and transportation. To ensure you are being environmentally conscience while traveling, please seek to use reusable water bottles, support accommodation provider initiatives to reuse sheets and towels, turn off all lights and air conditioning units when not needed and when leaving your room for long periods, and stick to designed paths when hiking to preserve natural habitats. We thank you for your cooperation in supporting Our commitment to sustainable practices.
An inherent risk of exposure to Covid-19 (“COVID”) exists in all places where people are present. COVID is extremely contagious and can lead to severe illness, disability, and/or death. According to the Centers for Disease Control and Prevention (“CDC”), individuals with underlying medical conditions and/or older adults are especially vulnerable. By visiting any destination, property, or by traveling on any vehicle, airplane or cruise ship, you voluntarily assume all risks related to exposure to COVID and agree to adhere to health and safety protocols that may be required by law, the travel provider, property manager, cruise operator, including, but not limited to, social distancing measures, face mask requirements, health screenings, proof of vaccination and COVID testing, which may change from time to time and for which you may incur additional fees. Travel providers, including but not limited to cruise lines, may in their sole discretion, modify, cancel or reschedule any travel plans or arrangements for reasons due to COVID or otherwise. The CDC publishes travel advice, warnings and recommendations related to COVID, which along with the travel providers website should be reviewed before travel.
Covid Testing & Vaccination Requirements
Cruise lines may require guests to test for COVID and/or show proof of vaccination, on or before embarkation. Please verify the cruise line's requirements by completing your pre-cruise registration and visiting the cruise line's website. Failure to do so at least 14 days prior to departure may result in your booking being cancelled or denied boarding with no refund.
Covid Restrictions By Port
It's important for guests to familiarize themselves with the health & safety protocols for all ports visited during their cruise. Refer to the cruise line's website for details, restrictions, or any changes to the itinerary. Failure to comply with applicable COVID vaccination/testing requirements could result in denied boarding with no refund.
Travel Insurance
Depending on the cruise line and ship, guests 12 years or older that are NOT vaccinated may not be permitted to travel or may require proof of Travel Insurance upon check-in. Failure to provide proof will result in denied boarding with no refund. Please contact the cruise line directly for regulations.
Also, it is imperative that you provide your direct contact information to the cruise line via your pre-cruise registration so they can advise you of any lastminute changes with regard to vaccination/testing requirements and/or changes to your sailing.
We do not assume and hereby expressly disclaim any liability or responsibility, without limitation, for (i) delay or failure in performance or interruption of service, including but not limited to booking cancelations, and/or website outages, (ii) damages, expenses, inconvenience, loss, including but not limited to for refunds for, or injury or death while You are traveling or while You are on any aircraft/ship in transit to and from Your booked travel, resulting directly or indirectly from acts of God, civil or military authority, civil disturbances, wars, acts of terrorism, strikes, fires, extreme weather condition, epidemics, pandemics, government restrictions on travel, movement or large gatherings, or from other catastrophes, or other events of force majeure (collectively, “Force Majeure Events”) which are beyond Our reasonable control at the time We claim excusable delay or failure to perform and for which are not able to be overcome through the exercise of commercially reasonable efforts.
If We claim such an excuse, We will promptly notify You of the occurrence and shall advise You of the extent of the disability and the expected duration of Our inability to perform Our obligations under this Agreement. In no event shall You hold Us liable for any liability caused by Force Majeure Events outlined herein
ARRIVIA 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. ARRIVIA’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ARRIVIA WILL BE LIMITED TO THE FEES PAID BY PURCHASER FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ARRIVIA 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 ARRIVIA’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF ARRIVIA.
These Terms and Conditions and the website shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Purchaser or a Purchaser’s guest, whether using any product or service or traveling with the Purchaser or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against ARRIVIA or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Purchaser or Purchaser’s guest initiates an action at law or in equity and ARRIVIA prevails, that Purchaser or Purchaser’s guest shall pay all costs incurred by ARRIVIA in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
PURCHASER AND ARRIVIA 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 PURCHASER OR ARRIVIA 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 PURCHASER OR ARRIVIA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. PURCHASER AND ARRIVIA FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PURCHASER AND ARRIVIA AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
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.
All of Our content, products, and services provided to You is provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of Our program or our Website, and/or the accuracy of any of the information, content or materials We provide You.
To the fullest extent permitted by law, We disclaim all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not warrant or make any representations that Our program or website will operate error-free or uninterrupted, that defects will be corrected, or that Our website and/or its servers will be free from viruses and/or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on our Website and/or bookings or reservations made under an incorrect price. In such event, if available, We will offer you the opportunity to keep your reservation at the correct price or We will cancel your reservation without penalty.
We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by Us to You, including but not limited to information, content, products, services, text, and graphic or video content.
Without limiting the foregoing, no representation, warranty, or guarantee is made:
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 services, programs or products marketed hereunder, 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 Purchaser and ARRIVIA 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. Purchaser hereby consents 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, ARRIVIA 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.
Call Recording and Monitoring. You acknowledge that telephone calls to or from Us to You may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not Your own. If We discover that any information provided in connection with your registration is false or inaccurate, We may suspend or terminate Your account at any time. Should any of your contact information change, including ownership of Your telephone numbers, You agree to immediately notify Us before the change goes into effect by texting STOP to quit any text message, and for HELP 855-678-8731, or email Us legalaffairsrequest@arrivia.com.
Your Consent to Receive Automated Calls and Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive recurring artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Arrivia, Inc. d.b.a. ATTN Traveler related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. Message and Data Rates may apply. You acknowledge that automated calls or text messages may be made to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree that We may obtain, and You expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by You or Your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Us, even if You cancel your account or terminate your relationship with Us, except if You opt-out (see below). You understand that You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Text STOP to quit to any text message and for HELP call 855-678-8731, or email Us at legalaffairsrequest@arrivia.com. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message You receive, for HELP call 855-678-8731, or email legalaffairsrequest@arrivia.com and specify that You want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming Your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which You are subscribed. If You would like to stop messages from multiple shortcodes, text STOP to each shortcode to which You would like to unsubscribe. To opt-out of automated voice calls (not text messages), You must (i) call 855-678-8731 or send with written notice to legalaffairsrequest@arrivia.com revoking Your consent to receiving automated calls; and (ii) in Your notice, You must include your full name, mailing address, account number, and the specific phone number(s) for which You wish to stop automated calls. It is Your sole responsibility to notify Us if You no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls or text messages, We reserve the right to make non-automated calls to You.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Us. However, You may incur a charge for these calls or text messages from Your telephone carrier, which is Your sole responsibility. Check Your telephone plan and contact Your carrier for details. You represent and warrant that You are authorized to incur such charges and acknowledge that We are not responsible for such charges. Message and Data Rates may apply.
Unauthorized Use of Your Telephone Device. You must notify Us immediately of any breach of security or unauthorized use of Your telephone device. Although We will not be liable for losses caused by any unauthorized use of Your telephone device, You may be liable for Our losses due to such unauthorized use.
Your Indemnification of Us.
You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to Your voluntary provision of a telephone number that is not owned by You and/or Your failure to notify Us of any changes in Your contact information, including telephone number. You agree to indemnify, defend and hold Us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at Your expense, to defend any such claims.
Release of Claims.
In consideration of the services provided by Us, You hereby release Us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
The United States Department of the Treasury through the Office of Foreign Assets Control ("OFAC") has issued comprehensive sanctions against various countries, currently and specifically: Cuba; Russia; Ukraine, Iran, North Korea, and Syria. Additionally, We are prohibited from doing business with anyone who is identified on the OFAC maintained Specially Designated Nationals and Blocked Persons List (“SDN”), and or any other similar lists published by OFAC (collectively, the “Lists”).
These sanctions and Lists limit the ability for Us, Our affiliates and Our travel suppliers, vendors and related companies to conduct business with these countries and their citizens, and any individuals on the Lists. For this reason, We will be unable to accept Your enrollment or purchases online, on the phone, or via any other source, unless You can satisfy the following conditions:
In the event we need to verify the above information, You agree to provide the necessary information to us in order to verify that ARRIVIA is not prohibited from providing products and services to you, otherwise we are unable to provide products or services to you.
You 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 restrictions. Please note the terms and conditions on the individual product descriptions for more details.
The following Terms and Conditions apply to purchases of travel or travel services and in the event of any conflicts between this section and the any other section of these Terms and Conditions, shall take precedence and prevail with respect to the purchase of travel or travel services by Lifestyles Collection Subscribing Members.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by the Lifestyle Collection or its designee ("Booking Confirmation/Travel Receipt"). This document will be sent to You within two 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 Your sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy, completeness, and check the spelling of all names carefully. Notify Our concierge 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. We will not be held responsible for any fees levied on the Member as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Member.
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 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. The Lifestyle Collection assumes no responsibility for advising travelers of immigration, visa, customs, and other government requirements. No refund will be issued if You fail to bring proper documentation and are refused travel provider service/accommodation.
Travel Documents. Booking Confirmations 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 You 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 travel provider's prior written consent. When a name change is required, additional fees may apply. Notify Our concierge 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. The Lifestyle Collection urges passengers 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, THE LIFESTYLE COLLECTION 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.