1.1. These CLUB365 Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between Resort Rental, LLC (“RR”, “We”, and “Our”) d/b/a CLUB365 (“CLUB365”) and each CLUB365 member (“Member”, “Subscriber”, “Traveler”, and “You”) who purchases products and services through CLUB365.
1.2. From time to time, CLUB365 products and services may be fulfilled by a third party provider, under contract with RR or its affiliates. In that instance, the terms and conditions of such third party provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through CLUB365 (collectively "Provider Terms").
1.3. By purchasing products and services through CLUB365, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the CLUB365 subscription membership (“Membership” or “Subscription”), 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”).
1.4. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through CLUB365 of the contents of these Terms and Conditions and all applicable Provider Terms
1.5. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
2.1. CLUB365 is offered and fulfilled by RR (operating as Holiday Rentals, LLC in MD and TX), a Florida limited liability company. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are 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.
3. PROVISION OF INFORMATION
3.1. Travel, travel provider, and product and service information provided to Member may be based on information received from third party providers. While CLUB365 makes reasonable efforts to ensure that this information is accurate and complete, CLUB365 expressly disclaims liability for inaccurate, incomplete, or misleading information.
4. MODIFICATIONS OF THE TERMS AND CONDITIONS
4.1. These Terms and Conditions are subject to change at any time at the sole discretion of CLUB365 without prior notice to Members. By purchasing products and services through CLUB365, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
5. NO COMMERCIAL USE
5.1. Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of your Membership without (a) refund or (b) any further duty, obligation or liability to You.
6. CLUB365’s ROLE
6.1. Member and CLUB365 are dealing at arms’ length, creating a commercial relationship. CLUB365 is not Member’s agent or Member’s fiduciary. By purchasing products and services through CLUB365, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and CLUB365.
6.2. In connection with products or services not directly supplied and fulfilled by CLUB365, CLUB365 is acting as an intermediary for the provider of any such product or service, and for any travel provider in selling such services, or in accepting reservations or bookings for such services.
7. AVAILABILITY
7.1. All products and services offered through CLUB365 are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier through CLUB365. Member participation may be denied if Membership is not in good standing.
8. PRICES AND RATES
8.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all 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 change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the travel provider will be passed on to Member in full, and Member agrees to pay CLUB365 for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
9. TRANSACTION FEES
9.1. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of CLUB365 without prior notice. Additional service fees may also be charged as detailed in these Terms and Conditions.
10. HOTEL TAXES AND FEES
10.1. To facilitate your transactions with Us, We will charge your payment method for “Taxes and Fees”. Taxes and Fees includes an estimated total that We will pay to the hotel or supplier for taxes and government fees it owes in connection with your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and other applicable taxes.
10.2. 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 recovery 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.
10.3. 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.
10.4. Depending on the type of booking You make through Us, You may be charged additional fees by Our suppliers, including, but not limited to:
10.4.1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;
10.4.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
10.4.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
10.5. Our suppliers may require You to put a payment method on file upon check-in to pay these or other charges directly to the supplier upon check-out. Contact the supplier directly to determine what charges apply to your reservation.
10.6. Additionally, suppliers 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.
10.7. Contact the supplier with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.
11. CURRENCY
11.1. All fees and charges are payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location.
12. PAYMENT
12.1. CLUB365 products and services may be purchased with any valid credit card.
12.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
12.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, CLUB365 will make reasonable efforts to contact Member, but CLUB365 reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any 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 if Member is not sure of the status of Member’s reservation or payment, please call CLUB365 customer service.
13. TRAVEL CREDITS
13.1. Member may initially be awarded Travel Credits (“Travel Credits”) upon Membership enrollment, and subsequently when making qualifying travel purchases through CLUB365 or by qualifying Membership transactions. Travel Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent CLUB365 purchases. Member must maintain the Membership account in good standing to earn or to redeem Travel Credits.
13.2. Earning Travel Credits. Member may be awarded an initial amount of Travel Credits upon Membership enrollment, and additional Travel Credits may be awarded on qualifying travel or Membership transactions including activity at the resort where You purchased Membership. Travel Credits award amount will vary at CLUB365’s sole discretion. Travel Credits awarded for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Booking Confirmation. The Travel Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of CLUB365, and without prior notice to Member. Other restrictions may apply.
13.3. Redeeming Travel Credits. Travel Credits have no actual cash value, but may be redeemed towards partial payment, at time of checkout, to the net amount of a travel or CLUB365 transaction, whether purchased online or offline through CLUB365. Travel Credits may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each CLUB365 product specifies the amount of Travel Credits, if any, that may be redeemed towards partial payment in the description of the product or service. Member may redeem as many Travel Credits as Member has available in Member’s account, up to the amount specified for any particular product or service. Travel Credits may only be redeemed by the Member(s) listed on the Membership account. Travel Credits redemptions may not be combined with any other discount or promotion.
13.4. Purchase Cancellations. If You cancel your product or travel purchase with Us outside of any period where cancellation fees apply, any Travel Credits redeemed to purchase product or travel may be refunded to the Member’s account, subject to a potential Travel Credits deduction for airfare. If cancellation of travel booked using Travel Credits occurs within a period where cancellation fees apply, Travel Credits may be applied against cancellation fees after any cash used in the purchase of that travel booking. If any portion of Travel Credits remains after cancellation fees are paid, the remaining Travel Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Travel Credits awarded may be withdrawn at Our sole discretion.
13.5. Limitations, Variations, and Inactivity. The usage of Travel Credits for redemption, including minimums and maximums, are subject to change at the discretion of CLUB365, and without prior notice to Member. Membership may be suspended if Member does not remain in good standing with CLUB365 or with the Membership, and CLUB365 may impose a reasonable fee for reinstatement or reactivation of Membership. Travel Credits may not be used to pay reinstatement or reactivation fees. CLUB365 reserves the right to cancel or withdraw all Travel Credits in a Member’s account if the Member does not remain in good standing with CLUB365 or with the Membership for ninety (90) calendar days or more.
13.6. Expiration and Termination. Travel Credits are only valid for twelve (12) months from the date of issuance to You. Unredeemed Travel Credits expire upon the termination of the Membership or any renewal thereof, and CLUB365 owes no further duty, obligation or liability to You upon such expiration. Travel Credits have no cash value, are not transferable.
13.7. Customer Service. Please contact CLUB365 customer service at 1-866-272-4020 if Member believes there are Travel Credits that have not been credited to Member’s account or for any questions related to the available Travel Credits balance.
14. BOOKING CANCELLATION/CHANGES
14.1. The fees assessed by CLUB365, and the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through CLUB365.
14.2. Each travel provider has specific cancellation policies and penalties separate and apart from CLUB365. Travel provider policies may treat name changes and departure date changes as cancellations.
14.3. In the event Member must cancel any travel booking, please contact CLUB365 customer service immediately at 1-866-272-4020, or in writing at the following address:.
CLUB365 Attn: Cancellations 9998 N. Michigan Rd.
Carmel, IN 46032
14.4. Cancellations will be effective as of the date of receipt of the request by CLUB365 (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by CLUB365. Refunds may take up to eight (8) weeks from the Cancellation Date.
14.5. 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 or date.
15. SUBSCRIPTION ENROLLMENT; PAYMENT; AND CANCELLATION
15.1. The current introductory Membership renewal fee for CLUB365 varies and is dependent on the level of the program under which the Member was initially enrolled, but will range from $199 USD to $349 USD. Members may receive renewal offers prior to the expiration date to lock-in a reduced annual renewal fee at the then-current rate that may include special offers or incentives to purchase a multi-year premium renewal term.
15.2. If an introductory Membership expires, any bookings previously-made but not fully-paid may be price-adjusted to reflect current market price, rather than the Member price. An introductory or premium Membership that has expired may be reinstated at CLUB365’s sole discretion upon payment of a $200 USD reactivation fee and any outstanding annual dues owed at that time. Members who choose not to continue their Membership or do not enroll into a subsequent subscription package for CLUB365 on or before the expiration of their Membership term, will:
15.2.1. forfeit access to the Member website and any unused Travel Credits
15.2.2. no longer receive premium Member travel and lifestyle benefits; and
15.2.3.lose the ability to book travel at preferred Member rates.
15.3. Introductory or premium Memberships may be renewed by calling CLUB365 at 1-866-272-4020 for special promotional multi-year renewal rates that offer access to additional benefits and Membership incentives.
15.4. The term of the Subscription begins on the date you enroll and continues indefinitely thereafter until cancelled by CLUB365 or You. CLUB365 will automatically continue providing the benefits of such Subscription (“Subscription Benefits”) and charge You the applicable Subscription fees (“Monthly and Annual Subscription Fee”), as applicable. So long as Subscriber complies with all of the Membership terms (including the Subscription enrollment and purchase receipt), including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Membership terms, and any Membership renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
15.5. In return for receiving the Subscription Benefits, Member promises to pay CLUB365 (in advance) according to the Subscription type and associated pricing listed in the Membership enrollment or receipt. In order to facilitate the Subscription, Member hereby agrees to provide CLUB365 with payment information for a valid credit or debit card that Member is authorized to charge at all times during the Membership 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 CLUB365. Payment for Subscription Benefits are due in advance, and Member is not eligible to receive any Subscription Benefits or other goods or services in connection with Membership unless Member has paid CLUB365 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 in connection with Membership on or before the respective payment due date thereof, Member will be ineligible to receive any Subscription Benefits, and CLUB365 may terminate Membership with immediate effect upon written notice to Member within thirty (30) days of any missed or late payment.
15.6. In the event Member allows the Subscription to lapse due to non-payment, the Subscription may be reinstated at the sole discretion of CLUB365, provided that a reinstatement fee shall be payable to CLUB365 before the Subscription is reinstated to allow Member to use any benefits of the Subscription.
15.7. All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of CLUB365.
15.8. Member may cancel the Subscription as follows:
15.8.1. 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 enrollmentdate by providing written notice of such cancellation to:
CLUB365 Attention: Cancellations
9998 N. Michigan Rd.
Carmel, IN 46032
Cancellation requests postmarked later than ten (10) days after the enrollment date will result in no refund.
15.8.2. 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:
CLUB365 Attention: Cancellations
9998 N. Michigan Rd.
Carmel, IN 46032
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 Membership enrollment is final and the amounts paid under the Subscription are non-refundable and non-transferable. 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.
15.8.3. After ten (10) days of Membership enrolment for non-Florida residents and after 30 days for Florida residents, Member may cancel Membership without a refund due to Member at any time by providing CLUB365 written notice of cancellation to:
CLUB365 Attention: Cancellations
9998 N. Michigan Rd.
Carmel, IN 46032
16. LIMITATION OF LIABILITY
16.1. CLUB365 SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CLUB365’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF CLUB365, WILL BE LIMITED TO THE FEES PAID BY MEMBER TO CLUB365, FOR THE TRAVEL PURCHASE. IN NO EVENT WILL CLUB365 BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO CLUB365, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF CLUB365.
17. DISCLAIMER OF WARRANTIES
17.1. All of Our content, products, and services provided to You are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of Our program, our Website, 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 or its servers will be free from viruses or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on our Website, 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.
17.2. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by CLUB365 to You, including but not limited to information, content, products, services, text, and graphic or video content.
17.3. Without limiting the foregoing, no representation, warranty, or guarantee is made:
17.3.1. Regarding the acceptance of any request;
17.3.2. That You will receive the lowest possible price for the products, services, or goods We advertise or You purchase;
17.3.3. Regarding the availability of products, services, and goods advertised byCLUB365;
17.3.4. Regarding the results that may be obtained from using Our products or services.
18. CLASS ACTION WAIVER
18.1. MEMBER AND CLUB365 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 CLUB365 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 CLUB365 ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND CLUB365 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, CLUB365, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
18.2. 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.
19. DISPUTE RESOLUTION POLICY
19.1. 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 Orange County, Florida, 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 Orange County, Florida. 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.
19.2. 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.
19.3. 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 Florida without regard to its choice of law and conflict of law rules.
19.4. 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.
19.5. 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 Orange County, Florida.
19.6. 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.
19.7. Notwithstanding this Dispute Resolution Policy, CLUB365 may as necessary apply to a court of competent jurisdiction in Orange County, Florida 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.
19.8. Judgment upon the arbitral award or decision may be entered by the court of competent jurisdiction located in Orange County, Florida, 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.
20. GOVERNING LAW
20.1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against CLUB365, or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and CLUB365 prevails, that Member or Member’s guest shall pay all costs incurred by CLUB365 defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
21. AGE RESTRICTIONS
21.1. Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
22. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
22.1. You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
22.2. You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
22.3. You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from us related to offers, your account, any transaction with us, or your relationship with us. 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.
22.4. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
22.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 1-866-272-4020. 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.
23. ADDITIONAL TRAVEL TERMS AND CONDITIONS
23.1. The following terms and conditions apply to purchases of travel or travel services. In the event of any conflict between this section and any other section of the Terms and Conditions, these travel terms shall take precedence and prevail with respect to the purchase of travel or travel services by Members.
23.2.Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by CLUB365 or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify CLUB365 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.
23.3.MaximumOccupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
23.4.Identification Documentation. Travel providers may require that travelers have in their possession proper documentation required by the United States or any foreign countries visited. The names on the Booking Confirmation 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. CLUB365 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 services.
23.5.TravelDocuments. 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 Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify CLUB365 concierge immediately if changes or corrections are required.
23.6.Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. CLUB365 urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or such other Government where Member resides prior to booking travel to international destinations.
23.8. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, CLUB365 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.
23.9.Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
24. ADDITIONAL CRUISE TERMS AND CONDITIONS
24.1. Cruise services are provided by a third party provider, World Travel Holdings, Inc., under contract with CLUB365. All terms and conditions of World Travel Holdings, Inc. related to the booking of any cruise product shall apply to You. You may redeem your Travel Credits with World Travel Holdings, Inc. in order to receive Cruise On-Board Credits, as applicable and at the sole discretion of CLUB365 or World Travel Holdings, Inc. CLUB365 may change third party providers at any time, in its sole discretion and without notice to you. In addition to these terms and conditions, You must also comply with all applicable cruise line and hotel/resort terms and conditions and policies and procedures. Please contact CLUB365 for additional information.
24.2.BookingCancellations: In the event cancellation of a booked cruise becomes necessary by You, call customer service immediately at the number above or submit the cancellation by providing a written notice to World Travel Holdings, Inc. Please contact CLUB365 for additional information.
