ICE Platinum Rewards Terms & Conditions

These ICE PLATINUM REWARDS Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between ICE PLATINUM REWARDS (“IR”) and each IR member (“Member,” “Traveler”, “Subscriber,” or “You”) who enrolls into the subscription, and/or purchases products and services through the IR. 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 IR (collectively "Provider Terms"). By purchasing products and services through IR, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the IR 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 IR of the contents of these Terms and Conditions and all applicable Provider Terms.

MARKETING ENTITY

The marketing entity for the IR program is the Members home resort (“HR”), where Subscriber has a vacation ownership (“Vacation Ownership”). No real estate or a timeshare membership has been purchased hereunder. All matters related to the IR marketing process made by HR, shall be governed by the HR’s jurisdiction. The courts of the HR location shall have the exclusive jurisdiction in any action to enforce, modify or nullify the decision of an arbitrator and the parties expressly waive their rights to pursue any claim in any way against the marketing entity or any of its affiliates or agents in any other jurisdiction or venue. Neither HR, nor any affiliate or agent of HR is responsible for the fulfillment of the IR program.

FULFILLMENT SERVICES

IR 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. ICE Platinum Rewards (“IR”), under contract with the HR. 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 and California #CST 2066521-50. 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 IR 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).

PROVISION OF INFORMATION

Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While IR makes reasonable efforts to ensure that this information is accurate and complete, IR expressly disclaims liability for inaccurate, incomplete, or misleading information.

MODIFICATIONS OF THE TERMS AND CONDITIONS

These Terms and Conditions are subject to change at the discretion of IR without prior notice. By purchasing products and services through IR, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.

NO COMMERCIAL USE

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 account without refund.

IR’s ROLE

Member and IR are dealing at arms' length, creating a commercial relationship. IR is not the Member’s agent or Member’s fiduciary. By purchasing products and services through IR, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and IR. IR 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 IR.

AVAILABILITY

All products and services offered through IR are available for purchase for IR Members 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 IR. Member participation may be denied if Membership is not in good standing.

PRICES AND RATES

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, unless otherwise stated. Travel product rates/prices are based on availability and subject to change without notice. Additional fees may apply. Special rates/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 changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in rate/price imposed by the travel provider will be passed on to Member, and Member agrees to the increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

TRANSACTION FEES; CERTIFICATE REDEMPTION

a. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of IR 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 IR 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 IR. Loyalty Points or Vacation Cash 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 Fees 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 IR. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.

CURRENCY

All fees and charges are stated and payable in United States Dollars (USD).

PAYMENT

IR products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. 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 IR 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. Additionally, OVC, as the travel administrator for the IR program, will assess a $25.00 USD fee per person if any transaction is denied by Members’ 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 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 IR concierge.

SUBSCRIPTION TERM; ENROLLMENT & PAYMENT

a) The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. IR will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee. So long as Member complies with all of the terms of the Subscription Enrollment and/or 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, Member shall be eligible to receive the Subscription Benefits. b) In return for receiving the Subscription Benefits, Member promises to pay IR (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 IR 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 IR. 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 IR 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 IR 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 IR 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 IR.

CANCELLATION

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: ICE PLATINUM REWARDS Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 866-814-6295. 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: ICE PLATINUM REWARDS Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 or fax to 866-814-6295. 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. NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THEIS CONTRACT. 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 IR written notice of cancellation to ICE PLATINUM REWARDS, 7720 N. Dobson Rd., Scottsdale, AZ 85256.

LOYALTY PROGRAM

Subscribers may earn and redeem IR loyalty points ("Points") during their Subscription. Earnings and redemption options and schedules are available on-line at www.MyPlatinumRewards.com or by calling the IR call center at 1.866.389.0578.

Subscribers may redeem Points as partial payment for cruise vacations, experiential vacations, tours and select hotels stays. Subscriber’s Points expire at the end of Subscriber’s Subscription. Points have no cash value and are not transferable. Point redemptions may not be combined with any other discount or promotion.

Subscribers who upgrade to an Elite Level plan receive three primary benefits: (a) earn 5 points for every dollar spent on travel; (b) option to convert points to Vacation Cash; and (c) option to redeem points for select vacations in discrete denominations using the following points/reward matrix: 25,000/Bronze Tier land stay; 35,000/Silver Tier land stay or 3-4 day cruise; 50,000/5-day cruise; 75,000/Gold Tier land stay or 7 day cruise; 100,000/Diamond Tier land stay or 7-9 day cruise. Cruise redemptions are based on select sailings for two people and cabin type will vary based on selection. Taxes, fuel surcharges, airfare and onboard incidentals are additional. Points earning and redemption options are available online or by calling 866.389.0578. Elite Level subscribers can earn up to a maximum of 15,000 points each membership year for airfare and car rental transaction.

Points awarded from purchase of an Elite Level subscription have a two (2) year expiration term from time of deposit into subscriber's account. Points earned from travel purchases do not expire. Some exceptions may apply.

VACATION CASH

Vacation Cash may be applied towards the purchase of future cruise, hotel, air, or resort bookings made over the phone with Us 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). Additional 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.

BOOKING CANCELLATION/CHANGES

The fees assessed by IR, OVC, and/or 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 IR. Each travel provider has specific cancellation policies and penalties separate and apart from IR. Travel provider policies may treat name changes and departure date changes as cancellations.

In the event Member must cancel any travel booking, please contact IR concierge immediately, or in writing at the following address: ICE PLATINUM REWARDS, 7720 N. Dobson Rd., Scottsdale, AZ 85256, or by fax: 866-814-6295. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by IR. Refunds may take up to eight (8) weeks from the Cancellation Date.

VACATION EXCHANGES AND OWNERSHIP DEPOSITS

All Subscribers must be in good standing with their HR, vacation plan, or vacation club and all expenses associated with the Subscriber’s Vacation Ownership, vacation plan, or vacation club including but not limited to the payment of maintenance fees, assessments, common expenses, recreational fees, promissory notes, mortgage payments, taxes, and/or Subscription fees must be paid current as reported by the resort, vacation plan, or vacation club to OVC. OVC reserves the right to refuse to provide any services or benefits to Subscriber until such time as Subscriber’s resort, vacation club or vacation plan provides OVC with written confirmation that all obligations of the Subscriber have been fulfilled.

Vacation Ownership exchanges enable Subscribers, during the term of their Subscription, to deposit Vacation Ownership with OVC to partially pay for cruises, experiential vacations, and tours. OVC does not provide Vacation Ownership exchange services.

Subscriber may deposit their Vacation Ownership through a written deposit form provided to IR, over the telephone with a IR representative, or on the Platinum Rewards website. These terms and conditions apply to all methods of deposit utilized by Subscriber.

Subscribers making a Vacation Ownership deposit with IR and requesting an IR Cruise Vacation receive the IR exchange pricing for up to four (4) double-occupancy cabins purchased during a single transaction as a result of their Vacation Ownership deposit.

A maximum of one (1) Vacation Ownership deposit is allowed per cruise cabin.

Use of accommodations is subject to certain cruise line age requirements.

By depositing Vacation Ownership with OVC, Subscribers represent and warrant to OVC that the following: (1) Subscriber has, or will have at the time of deposit, the legal right to use or assign the use of the deposited Vacation Ownership and all corresponding amenities; (2) the deposited Vacation Ownership has not been and will not be assigned, offered or made available to any third party; (3) the physical accommodations of Subscriber’s Vacation Ownership are in good and usable condition; and (4) all maintenance fee assessments, taxes and other similar charges applicable to that Vacation Ownership have been paid or will be paid when due.

By depositing Vacation Ownership in the OVC resort pool, Subscriber relinquishes all rights to use that Vacation Ownership and agrees that OVC may use such deposited Vacation Ownership at its sole discretion. In the event Subscriber deposits the designated the deposited Vacation Ownership with another entity or otherwise renders the Vacation Ownership unavailable to OVC, Subscriber shall be responsible to pay OVC the Subscriber purchase rates in effect at the time the cruise, experiential vacation, or tour was booked. OVC reserves the right to charge Subscriber’s credit card for the difference between the exchange pricing and the purchase pricing.

OVC will accept Vacation Ownership deposits as early as two (2) years in advance or as late as two (2) months prior to the start date of the Vacation Ownership occupancy. Deposits less than two (2) months prior to the start date of the Vacation Ownership occupancy are permitted if pre-approved by OVC and are subject to a $150 deposit fee.

Subscribers who own “flexible”, “floating”, or “points-based” Vacation Ownership may be required to obtain resort confirmation/verification of their Vacation Ownership prior to depositing their Vacation Ownership with OVC.

Vacation Ownership deposits will be accepted so long as Subscriber’s resort is in good standing with OVC pursuant to the terms and provisions of its Resort Affiliation Agreement with OVC. The suspension, termination, or non-compliance of OVC’s affiliation with your HR may, at OVC’s discretion, invalidate your ability to deposit Vacation Ownership.

There is no fee for depositing Vacation Ownership from a resort affiliated with, and in good standing with, OVC. In the event a Subscriber requests the return of a deposited Vacation Ownership, OVC will take reasonable steps to return the unused Vacation Ownership deposit, provided the Subscriber has not utilized the deposit toward a cruise, experiential vacation, or tour or OVC has not sold the deposited Vacation Ownership. A service charge will be applicable for each returned Vacation Ownership deposit. For each deposit confirmed by OVC for the benefit of the Subscriber and any other users of the Subscriber’s account, the Subscriber shall be liable to pay to OVC all applicable fees and taxes required to process and confirm the vacation request unless otherwise agreed upon in writing by OVC. If within twenty-four (24) months following the initial deposit of your Vacation Ownership, Subscriber has not requested and/or accepted a cruise, experiential vacation, and tour through OVC, Subscriber will lose all credit for that deposit. Options available to Subscribers for the deposit of Vacation Ownership, and the procedures and conditions governing vacation requests, are set out in Subscriber’s initial Subscription materials and any updates provided thereafter. Such procedures and conditions are incorporated herein in their entirety. Vacation Ownership deposits and vacation requests are accepted subject to your compliance with these terms and conditions.

LIMITATION OF LIABILITY

IR AND/OR OVC SHALL NOT BE LIABLE FOR AND DO 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. IR AND/OR OVC’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF IR, AND/OR OVC WILL BE LIMITED TO THE FEES PAID BY MEMBER TO IR, AND/OR OVC FOR THE TRAVEL PURCHASE. IN NO EVENT WILL IR, AND/OR OVC 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 IR, AND/OR OVC, AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF IR, AND/OR OVC.

GOVERNING LAW

These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement and/or any certificates shall be governed exclusively by the laws of the State of Arizona. 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 IR, and/or OVC 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 Member or Member’s guest initiates an action at law or in equity and IR and/or OVC prevails, that Member or Member’s guest shall pay all costs incurred by IR. and/or OVC defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.

CLASS ACTION WAIVER

(i) MEMBER AND IR 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 IR 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 IR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND IR 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, IR, 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.

DISPUTE RESOLUTION POLICY

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 optout@ourvacationcenter.com. 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.

AGE RESTRICTIONS

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 and/or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.

ADDITIONAL TRAVEL TERMS AND CONDITIONS

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.

Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by IR 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 IR 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.

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. IR 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.

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 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 IR 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. IR 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, IR AND/OR OVC 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.

GREAT GETAWAYS

Great Getaways exclusive deals are available at incredibly low rates on select resorts, unit types, length of stays and check-in dates only. Offer are updated weekly and bookings are on a first come first-served basis. Offers are limited, are based on availability, and are subject to change without notice. Not combinable with any other offers. Taxes, insurance, airfare, and any other travel charges are additional. Account must be in good standing at time of booking.

ADDITIONAL CRUISE TERMS AND CONDITIONS

The following additional cruise terms and conditions govern the use and redemption of a cruise 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 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. We reserve the right to charge additional fees related to the redemption of certificates in its discretion. 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

ADDITIONAL RESORT CERTIFICATE TERMS AND CONDITIONS

The following additional resort certificate terms and conditions govern the use and redemption of a resort certificates 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 resort certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable resort terms and conditions and policies and procedures.

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. We reserve the right to charge additional fees related to the redemption of certificates in its discretion. 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.

California Seller of Travel CST #2066521-50; Washington UBI # 602 443 155 001 0001; Hawaii Travel Agent TAR #5192; Florida ST #29452

Travel Services Provided by © 2016 Merit Travel Group – Registration Numbers: ON-4499356/4499372 | BC-34799 | QC-703011 | Canadian Owned