The Avid Traveling program (“Avid”) is powered by Arrivia, Inc. These Avid Traveling Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between Arrivia, Inc., d.b.a. Our Vacation Center ("OVC") and its affiliates (collectively, “Arrivia”, “We”, “Us”, or “Our”) and each Avid Traveling member (“Member”, “Subscriber”, “Traveler”, or “You”) who purchases products and services through Avid Traveling. 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 Avid (collectively "Provider Terms"). By purchasing products and services through Avid, Member acknowledges and agrees to be bound by these Terms and Conditions and Provider Terms, as applicable, which are incorporated herein. Member also 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 Guests or the users of any product or service purchased through Avid Traveling powered by Arrivia of the contents of these Terms and Conditions and all applicable Provider Terms.
NO MEMBER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
Avid purchases, benefits and transactions are administered and fulfilled by Arrivia, Inc. Arrivia is located at 15147 N. Scottsdale Road, Suite 210., Scottsdale, AZ 85254. Arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #21-136301), and California #CST 2066521-50. Registration as a seller of travel does not constitute approval by the State of California. Arrivia is not a participant in the California Travel Consumer 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 We carry Our own producer license, or equivalent, the numbers are (AL 775746; AZ 1800013059; CT 2485378; HI 447049; ID 593498; MA 2151891; MI 0111010; MT 100129788; NY 1279084; OH 1128528; PA 868900; SC 210204; WV 100231297).
These Terms and Conditions are subject to change at Our sole discretion without prior notice to You. By purchasing products and services through Us, Member 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.
These Terms and Conditions are subject to change at Our sole discretion without prior notice to You. By purchasing products and services through Us, Member 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.
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. 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.
Member is dealing with Us at arms length, creating a commercial relationship. We are not the Member’s agent or Member’s fiduciary. By purchasing products and services through Us, Member acknowledges and agrees 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.
Travel, travel provider and product and service information provided to Purchase 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.
All products and services offered through Us are available for purchase for Our 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 Us. Member participation may be denied if Membership is not in good standing. 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.
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 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 the 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 the Member, and Member agrees to the increase unless otherwise stated in the terms and conditions of the individual travel transaction.
To facilitate your transactions with Us, We will charge your payment method for “Taxes and Fees.” “Taxes and Fees” includes 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 paid 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 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. 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 We reserve 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.
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 Us or by qualifying Membership transactions. Savings Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent purchases through Us. Savings Credits may not be used as a form of payment for the call center fee. Member must maintain the Membership account in good standing to earn or to redeem Savings Credits.
Earning. 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-package air travel made through Us, by depositing Member’s vacation ownership week(s) with Us, and/or as rewarded by the Home Resort. Savings Credits award amount will vary at Our sole discretion. Savings 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, award for the deposit of Member’s vacation ownership week(s) with Us will be applied within fourteen (14) to twenty-one (21) days from the deposit. The Savings Credits award amount per transaction, including minimums and maximums, are subject to change at Our sole discretion, and without prior notice to Member. Other restrictions may apply.
Redeeming. 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 through Us, whether purchased online or offline. Savings Credits may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each of Our available products 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 Our representative. Earnings, redemption options and schedules are available online 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 Credits redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Savings Credits occurs within a penalty period, Savings Credits may be applied against penalty after any cash used in the purchase of that travel booking. If any portion of Savings Credits remains after penalty is paid, the remaining Savings Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Savings Credits 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 sole discretion, and without prior notice to Member. Membership accounts with Savings Credits balances of less than $10 that have not had any online or offline activity for two years may be closed at the Our sole discretion. Membership may be suspended if Member does not remain in good standing with Us or with the Membership, 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 Us or with the Membership for ninety (90) days or more.
Expiration and Termination. Savings Credits are only valid for twelve (12) months from the date of issuance to You. 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.
Vacation Cash may be applied only towards the following travel products, whether booked online or over the phone with us, the purchase of future hotel, resort, air travel, and car purchases. Vacation Cash may also be applied to cruise/cruise tours that are booked over the phone with Us. Vacation Cash is not valid towards cruise/cruise tour purchases booked online. Vacation Cash may not be used for travel insurance, shipping charges, taxes, or fees. Additional Vacation Cash may not be combined with any other discounts, promotions, or fees. Additional Vacation Cash may not be combined with any other discounts, promotions, or loyalty currency, except that Vacation Cash may be combined with Savings Credits for cruise, tour, hotel, resort, and car. Vacation Cash has no cash value and expires if not used within thirty days of its issuance, unless stated otherwise. In the event that You cancel your booking that was made using any amount of Vacation Cash, the Vacation Cash will be the last funds applied against any cancellation penalty, as applicable.
The fees assessed by Us, 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 Us. Each travel provider has specific cancellation policies and penalties separate and apart from Ours. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Member must cancel any travel booking, please contact Our concierge immediately by phone, or in writing at the following address:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
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 Us. 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.
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 Our 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 bu t 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.
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 ANY THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. DISCLAIMERS OF LIABILITY APPLY TO DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE, FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS OR ALTERATIONS, WHETHER THE DAMAGE RELATED TO BREACH OF CONTRACT, TORTIOUS ACTS, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. 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 US WILL BE LIMITED TO THE FEES PAID BY MEMBER TO US FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ARRIVIA, 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 OUR AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
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:
MEMBER AND WE 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 WE 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 WE ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND WE 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, US, 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.
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 Our subsidiaries, officers, directors, employees, agents, business partners, third-party travel providers, vendors or any companies offering products or services through Us (which are beneficiaries to this arbitration agreement)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:
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.
These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, this website, 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 Us, and/or OVC or Our 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 We prevail, that Member or Member’s Guest shall pay all costs incurred by Us defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
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.
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 any text message, calling Us at 855-678-8731, or email Us at firstname.lastname@example.org.
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Us related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. 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. 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, call Us at 855-678-8731, or email email@example.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 firstname.lastname@example.org 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.
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. OFAC and Export Control
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, Iran, North Korea, Russia, Ukraine, 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 We are not prohibited from providing products and services to You, otherwise We are unable to provide products or services to You.
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 Us or Our 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 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. We assume 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 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. We urge 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, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The following additional cruise and resort certificate terms and conditions govern the use and redemption of a cruise and/or resort certificate by the subscribing member and guest(s), if applicable (“Redeemer”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a cruise certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable cruise line and hotel/resort terms and conditions and policies and procedures.
Cruise Certificate Redemption: Cruise certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website or calling us at the above number. Cruise certificates are valid for one (1) inside cabin for two (2) Passengers on select cruise itineraries, subject to the exclusion and limitations stated herein. Length of cruise can be found on the front of the cruise certificate or on our website under “My Certificates”. Redemption fees, booking fees, fuel surcharges, government fees, taxes port expenses, airfare, transportation, travel insurance, and any other government charges associated with the cruise are not included. Redeemer is responsible for all charges incurred in excess of the certificate offer, including, onboard incidentals, alcoholic and certain non-alcoholic beverages, gratuities, ground transportation, personal expenses, utility or security deposits, and other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities. Airfare, travel insurance, third and fourth guest fares, cabin upgrades, cruise upgrades and extension of length of cruise, when available, may be purchased at the time of the cruise booking for additional fees. Cruise certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Cruise certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees or family members associated with the party distributing the certificates. 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, You should call customer service immediately at the number above or submit the cancellation by providing a written notice to:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
All booking cancellations must be received by OVC in conformance with our Terms and Conditions and with cruise line terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any cruise line cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a cruise certificate.
Resort Certificate Redemption. Resort certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website, or calling us at the number above. Resort certificates are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room, studio, one-bedroom, one three-bedroom units at select properties. All resort properties and destinations are subject to availability, seasonality, and room type restrictions. Length of resort stay can be found on the front of the resort certificate or online under “My Certificates”. Resort certificate offer includes only accommodations and specifically excludes redemption fees, taxes, travel costs, travel insurance and other expenses that may be incurred such as personal expenses, security deposits, and other fees and charges levied by the resort/hotel such as all-inclusive fees. Airfare or any ground transportation is not included. Any personal taxes associated with the redemption of the resort stay certificate, is the responsibility of the Redeemer. Redeemer is responsible for all acts or omissions of Redeemer and/or Guests and for any damages caused or expenses incurred by Redeemer and/or Guests. Other restrictions may apply. Some resorts may require an all-inclusive fee. Resort certificate offer only valid to purchasers and Redeemers residing in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Resort certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees or family members associated with the party distributing the certificates. 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:
15147 N. Scottsdale Road, Suite 210
Scottsdale, AZ 85254
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.
Arrivia, Inc. its affiliates and subsidiaries ("Company," "We," “Us,” and “Our”) respects your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy describes the processing of information provided or collected on our websites when you participate in any of our programs. Such information may be gathered in one of the following ways:
- On or through this Website.
- Over the phone, email, text, and other electronic messages between you and Us.
- Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Website.
We collect several types of information (“Personal Information”) from and about users of our Website, including the following categories of information:
Purchasing Information. This is information that we may collect about your transactions in our stores, on our websites or via our mobile applications, including but not limited to what products you purchase, how frequently you purchase them, any rewards or promotions associated with a purchase.
Identifying Information. This is information by which you may be personally identified, through your account with us or otherwise, including but not limited to name, age, date of birth, gender, postal address, e-mail address, telephone number, address, or any other identifier by which you may be contacted online or offline. The collection of such identifying information is necessary for Us to provide you with our services.
Activity Information. This is information about your use, and the use by any person(s) you authorize through your account, such as the content you view, how often you use our services, and your preferences.
Chat Information. Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality where we are permitted by applicable law to collect this information.
Public Forum Information. Information you provide in public forums on our sites and applications, such as your public posts.
Call Recordings. Call recordings when you call our reservation center or other customer service numbers.
Device and Usage Information. This is information about your internet connection (ISP), IP address, device and mobile ad identifiers, the website that referred you to our Website, the subject of the ads you click or scroll over, cookies, analytics, the equipment you use to access our Website and usage details. To collect this information, we use automatic data collection cookies, web beacons and similar technologies.
Location information. This is information about the location of your device, including GPS location, for purposes of enhancing or facilitating our services, such as enabling the functionality of our websites or mobile applications that provide you with information about stores near you, enabling you to remotely order and pay for our products and services, or have certain products delivered by a third-party vendor. If you want to opt out of the collection of this location information, please see the section below titled Choices on How We Use and Disclose Your Information or by contacting us as detailed under Contact Information.
Public information. Some information we gather is publicly available. We may also gather information about you from third-parties and other companies.
We collect this information:
-Directly from you when you provide it to us.
-Some information such as your internet connection and equipment you use to access our Website and usage details is automatically collected as you navigate through the Website. Information collected automatically may include usage details, IP addresses, location and information collected through cookies and other tracking technologies.
-We collect some information through automatic data collection technologies, which are discussed in more detail below.
-We use third party analytics providers and products, such as Google Analytics, to obtain, compile and analyze information about how users are using and interacting with the Website. In order to collect this information, such providers may set cookies on your browser or mobile device or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. You can control the information provided to Google and opt out of certain ads provided by Google by using one of the methods set forth in https://www.google.com/policies/privacy/partners/
-From third parties, for example, our business partners, affiliates and agents.
Information You Provide to Us. The information we collect on or through our Website may include:
You also may provide information, or comments, or photographs to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies: As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. Information on how to disable or remove flash cookies can be found below under the section titled Choices on How We Use and Disclose Your Information.
- Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Java Scripts. Java scripts are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components.
- Entity Tags. Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or “cached" within your browser and validates these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.
- HTML5 Local Storage. HTML5 local storage allows data from websites to be stored or “cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.
We may tie information gathered above to Personal Information you provide to us.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We only process your information where it is necessary in order to support:
- our legitimate interests to establish and manage our relationship with you, for administrative purposes, and other legitimate business interests such as credit assessment, marketing, presenting and improving our website;
- fulfilling our contractual obligations towards you (e.g., sending confirmations, invoices, and travel documentation to you, customer service), our affiliated or related entities, associates, partners, and the customers of such affiliated or related entities, associates and partners; and
- compliance with applicable laws and regulations and our legal obligations, such as legal/regulatory, accounting and tax requirements.
There may be occasions where we request your consent to process your Personal Information. Where applicable, you may withdraw consent subsequently at any time by contacting us as detailed under Contact Information, below, without affecting the lawfulness of processing based on consent before its withdrawal. For example, we may use your information to contact you about our own and third-parties' goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Information on how to opt-out of interest-based advertising can be found under the section titled Choices on How We Use and Disclose Your Information or by contacting us as detailed under Contact Information.
Arrivia, Inc. is the data controller for your information and is responsible for and may use your information for the purposes designated in this policy. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose and share Personal Information that we collect or you provide as described above (How We Use Your Information and Legal bases for Processing) to the following:
- To our subsidiaries and affiliates including but not limited to: Arrivia, Inc.; SOR Technology, LLC; WMPH Vacations, LLC; Arrivia Europe, Ltd; Arrivia Travel MX S. De R.L. De C.V; Arrivia Intertel Services S. De. R.L. De C.V.; I.C.E. Vacations Asia-Pacific Pty Ltd; ICE Travel Portugal, LDA; Arrivia Vacations India Private Limited, Redweek, Inc.; and Redweek Real Estate, LLC including any their successors of interest.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's stock or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Company about our Website users is among the assets transferred.
- To third parties, including but not limited to suppliers, third-party vendors, business partners, and corporate affiliates for the same legitimate purposes as detailed above.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information, with your consent, as applicable.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request. When the disclosure of such Personal Information is required to be made to a governmental or regulatory agency, we will ensure that such Personal Information will only be shared with the relevant governmental or regulatory agency and not released to the general public. However, you will hold Us harmless if the Personal Information is disclosed by the governmental or regulatory agency to any third party or the public.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. The third party will be responsible for obtaining any necessary opt-ins directly.
We strive to provide you with choices regarding the Personal Information you provide to us. Below are some of the mechanisms available to change control over your information automatically provided when visiting the Website:
- Google Analytics. You can control the information provided to Google and opt out of certain ads provided by Google by using one the of the methods set forth in https://www.google.com/policies/privacy/partners/ or use the Google Analytics opt out browser add-on at https://tools.google.com/dlpage/gaoptout?hl=en.
- Cookies; Web Beacons; Entity Tags; and HTML5 Local Storage; and other similar technologies. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled. Turning off the browser's cookies will prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive. Each browser is different, but many common browsers (Internet Explorer, Chrome, Firefox, and Safari) have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. To find out how to see what cookies have been set and how to reject and delete the cookies, please visit: https://www.aboutcookies.org.
- Opting out of sharing location information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Digital Advertising Alliance or the Network Advertising Initiative ("NAI") on the NAI's website or by visiting www.AboutAds.info.
We are global organization and may rely on our international subsidiaries, affiliates and partners in order to provide global services. In certain circumstances, sharing data cross-border is essential to the services you receive from Us.
Special Requirements under UK and EU Data Protection Laws:
In order to complete your booking, complete analysis, or for other legitimate purposes we transfer, process and store information about you outside of either the United Kingdom ("UK”) or the European Economic Area ("EEA”), as applicable, on servers located in the United States by Arrivia, Inc. and its affiliates located at 15147 N. Scottsdale Rd, Ste. 210 Scottsdale, AZ 85254. Therefore, your information may be transferred to, stored, or processed in the United States. We will ensure that in terms of Data Security Standards, our systems in the US will have the same level of data protection that is required of our EU affiliate. If we transfer your Personal Information to agencies or third parties outside the EEA, we require similar, binding EU Standard Contractual Clauses, and we monitor compliance with such. Our affiliated or related entities, associates and partners have also agreed to adopt equivalent measures. Copies of these measures can be obtained by contacting Us as detailed under Contact Information below. You may lodge a complaint with the UK Information Commissioner’s Office or the relevant EEA data protection authorities if you consider that our processing of your Personal Information infringes applicable law
Special Requirements under Mexican Data Protection Laws
In accordance with the requirements of the Mexican Federal Law on the Protection of Personal Information Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the “Mexican DP Law”), We inform our users and subscribers located in Mexico of Our compliance with the Mexican DP Law. Under Mexican DP Law, We do not need to obtain your consent for the processing of your Personal Information for the purposes that give rise and are necessary for the fulfillment of our relationship (e.g. personal information required in order for you to subscribe to our vacation programs). In case you do not agree with the processing of your Personal Information for such purposes and as described in this policy, please abstain from acquiring or using our services.
Our Website users and subscribers located in Mexico should note that:
- The Personal Information provided by you to Us through email, fax, websites, online services, enrollment or subscription forms and agreements, telephone calls or any other means, is processed by Us for the purposes set forth in section How We Use Your Information; in the understanding that, in order to comply with the Mexican DP Law, below we have set forth those purposes that are not required to fulfill the relationship between us, commonly known as “additional or secondary purposes”:
- To provide you with updates about discounted availability, special offers, new services and products which may be of interest to you and other noteworthy news items.
- Send advertisements, promotions and brochures.
- To contact you about our and third parties’ goods and services that may be of interest to you.
- To ask for ratings and reviews of services or products.
Should you not wish that your Personal Information be used for the purposes listed immediately above, please send an email to email@example.com with subject line “Request for Restriction on the use of My Personal Information for Secondary Purposes / Mexico”.
- As described above (see Information We Collect Through Automatic Data Collection Technologies), We also collect information using various technologies, such as cookies and web beacons.
- In order for you to: (i) exercise your rights to Access, Rectify, Cancel, and Object to the use of your Personal Information (known as “ARCO Rights”), and (ii) to limit the use and disclosure or to revoke your consent to the use of your Personal Information for the secondary purposes described above, please send an email to firstname.lastname@example.org with subject line “Exercise of ARCO Rights / Mexico”. The request should include, as minimum:
- Copy of your official ID and/or of your legal representative. Such documents should be scanned and attached to the corresponding email communication. For legal representative, please also attach a copy of his/her power-of-attorney
- Clear and precise description of the Personal Information about which the ARCO Rights are to be exercised, as well as the right or rights you wish to exercise. This description could be included in the email cover letter or in a document attached thereto, scanned and initialized in each of its pages.
- Expressly state your agreement to receive our response through an email communication, specifying the corresponding email address.
- Any other data that allows US to locate your Personal Information.
We will issue a response within the following 20 business days after we receive your request. Once you receive our response, you will have a 15 business day period to respond to our communication. In case you do not reply to our response within the mentioned period, we will understand in good faith that you agree with our response. We may refuse the exercise of your ARCO Rights in the cases permitted by applicable law, and shall inform you about such decision. The refusal may be partial, in which case We will carry out the access, rectification, cancellation or objection in the corresponding part.
As mentioned below, you can also review and change your Personal Information by logging into the Website and visiting your account profile page.
See the section Disclosure of Your Information for information regarding the manner in which we share your Personal Information with third parties and data-processors. Please note that we require your consent to transfer your Personal Information to third parties to market their own products or services to you.
Should you not wish that your Personal Information be transferred to third parties for their own marketing purposes please send an email to email@example.com with subject line “Request for Restriction on the Transfer of Personal Information to Third Parties for their Own Marketing Purposes / Mexico”.
You can review and change your Personal Information by logging into the Website and visiting your account profile page. You have the right to ask us not to process your Personal Information for marketing purposes. You also have the right to access Personal Information about you by us and to correct inaccurate Personal Information. Please ensure that we have an up-to-date active and deliverable email address for you. In accordance with applicable law, you may also have the right to object to or request restriction of the processing of your Personal Information and to request erasure and to port Personal Information about you.
Access to your Personal Information will be granted in accordance with the requirements of applicable national legislation. The information will be forwarded to you within an to validate and, where appropriate, correct our records.
We will retain your Personal Information during the term of the provision of the services availed by You only for so long as reasonably necessary for the purposes set out herein, in accordance with applicable laws.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any Personal Information to Company or on the Website. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us as detailed under Contact Information, below.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions provided therewith will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your Personal Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.
Under the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights, California residents have the right to opt-out of the selling or sharing of your personal data, including Personal Information. We do not sell your Personal Information for monetary or other valuable consideration or otherwise share your information with third parties. However, based on the CPRA’s broad definition of the term “share”, certain data collection on our sites and applications may be considered sharing under the CPRA. As such, you may have the right under applicable law to opt-out or object to such sharing. We do not sell your Personal Information for monetary or other valuable consideration or otherwise share your information with third parties. However, based on the CPRA’s broad definition of the term “share”, certain data collection on our sites and applications may be considered sharing under the CPRA. As such, you may have the right under applicable law to opt-out or object to such sharing.
In addition, if you are a California resident, you may request a copy of your Personal Information; request disclosure of Personal Information sold or disclosed for a business purpose; and request the deletion of your Personal Information. Please be advised that we may keep certain information, including but not limited to your transaction history and complaints you have filed, for an extended period of time and as may be required to fulfill our legal obligations.
You may exercise these rights by clicking the “Your California Privacy Rights” link present on our websites and applications. The link will provide you with a form to complete to request to opt out. To opt out, please follow the instructions provided when you click on the “Your California Privacy Rights” link. You may also choose to email us at firstname.lastname@example.org. Please note "CA Opt-out Request" in the subject line of your email. To protect your privacy and security, we will need to ask for information to verify your identity before acting on a request. This information may include, but is not limited to, your name, contact information, and information related to your or relationship with us, but the information requested may vary depending on the nature and circumstances of your request.
If you request information, we will provide digital copies of any Personal Information you request free of charge, unless the information is not subject to the CCPA. If you request that we delete your personal information, we will both render certain Personal Information about you permanently unrecoverable and also deidentify certain personal information.
Please be advised that we do not discriminate against anyone for asserting or exercising their rights under the CCPA
Although we do not exchange Nevada residents’ Personal Information for money with anyone, Nevada residents have the right to opt-out of the future sale of their information to a third-party so that they may license or sell information by contacting us at email@example.com.