FLIGHT CENTRE REWARDS SUBSCRIPTION BENEFITS AND SERVICES PROVIDED THROUGH THE SUBSCRIPTION ARE ONLY AVAILABLE TO CURRENT RESIDENTS OF THE UNITED STATES AT THIS TIME WHO ARE 18 YEARS OR OLDER. NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program, including without limitation those additional terms set forth in the Annexes to this Agreement (in each such instance, and collectively, “ Additional Terms”). For example, in addition to these Terms and Conditions, any contest, sweepstakes or other promotion we offer as part of the Program or to Program members, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period and which will govern Purchaser’s participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and Conditions, Official Rules and any Additional Terms, these Terms and Conditions will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
ANNEX A – Additional Travel Products and Services Terms and Conditions
ANNEX B – Wine Terms and Conditions
ANNEX C – Merchandise Terms and Conditions
Program purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”) (collectively, “ICE”). 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. Registration as Seller of Travel does not constitute approval by the State of California. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to Purchaser’s credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase. In making purchases for Products and Services through the Program, the Purchaser acknowledges and agrees it is contracting with ICE and OVC in relation to the sale of those Products and Services.
In order to access or use any of the features of the Program, you must be registered for a user account through: a) Enrolment Type 1: the process of purchasing a promotional vacation through a Liberty Travel Consultant which includes a Subscription to the Program (“Qualified Vacation”): or b) Enrolment Type 2: enrolled through a request to your Liberty Travel Consultants to purchase the membership on your behalf thru the FCR Website (as defined below); or c) Enrolment Type 3: register for a user account through our registration process that we make available through https://www.myflightcentrerewards.com (FCR Website) and enroll into a Subscription as described in Section 3 below. Once registered and Enrolled thru any of the above means, you will have an online account to track your Program activity (referred to herein as “Member Account”). Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and Conditions, Provider Terms and Provider’s decisions, which are final and binding in all matters related to the Program. In connection with your Member Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Member Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Member Account password and for restricting access to your Device (defined below) so that others may not access the Program or your Member Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Member Account, password, or username, or any other breach of security by calling us at the following phone number: 833-332-2724; and (v) You will not sell, transfer, or assign your Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms and Conditions, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
I. SUBSCRIPTION: So long as Subscriber complies with all of the Terms and Conditions of the Flight Centre Rewards Program, including these “Subscription Agreement Terms” (such enrollment materials, including these Terms and Conditions, enrollment materials and such other items set forth on the FCR Website, collectively comprising Subscriber’s enrollment through Enrolment Type 1, Enrolment Type 2 or Enrolment Type 3 (“Enrollment”)), Subscriber shall be eligible to receive various promotions, offers to Products and Services and which includes without limitation Vacation Rewards (as defined in subsection V below) (collectively “Subscription Benefits,”) subject to the restrictions and limitations herein. Your subscription is personal to you, solely for personal, leisure enjoyment and may not be transferred or used for commercial purposes or any other third party.
II. TERM OF SUBSCRIPTION:
1. Subscription. You are able to access the basic benefits of the Flight Centre Rewards Program in exchange for enrolling into the Flight Centre Rewards Program through the Enrolment. The Subscription will begin upon Enrollment and will renew every 12 months. Vacation Rewards are NOT accessible unless the membership and your Member Account is active. Existing Vacation Rewards will remain in the Members Account for a 6-month period after expiration of the Member Account; however, they will not be accessible to the Member until Flight Centre Rewards Subscription is renewed.
2. For an Enrolment Type 1 the Subscription will begin upon Enrolment for a 12-month period from the date of the purchase of the Qualified Vacation. For an Enrolment Type 2, the Subscription will begin upon Enrolment for a 12 month period from the date of the Enrolment.
3. Existing Vacation Rewards will remain in the Member’s Account for a 6-month period; however they will not be accessible to the member until the Subscription is renewed.
4. For an Enrolment Type 3, you are able to access the benefits of the Flight Centre Rewards Program in exchange for a recurring fee (“ Online Paid Subscription”). Your Subscription will continue on an annual basis and automatically renew unless and until you cancel your subscription as explained in Section IV below (“Term”). The term of Subscription begins on the date of your Enrollment and your access to the Program will continue on an annual basis as long as your account is active or until cancelled as provided herein. Your Online Paid Subscription will automatically renew at the end of your Term continuously and indefinitely without action by you, and the Annual Subscription Fee is charged to you at the time of renewal. An enrollee whose Annual Subscription Fee has been paid is entitled to all privileges included in the Flight Centre Rewards program until the subscription is cancelled by the enrolled member as set forth in the paragraph below. Existing Vacation Rewards will remain in the Member’s Account for a 6-month period, however they will not be accessible to the Member until the Flight Centre Rewards Subscription is renewed.
5. In return for receiving the Subscription Benefits, Subscriber promises to pay Provider (in advance) according to the associated annual subscription fee (the “Annual Subscription Fee”), which is detailed in your Enrollment. By providing your payment method information for your Online Paid Subscription, you are agreeing to pay the Annual Subscription Fee, that will automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Term, and any applicable taxes and service fees (collectively, the “Annual Subscription Fee” or “Subscription Fees”). The Subscription Fees will be charged to your original payment method automatically at the beginning of your Term, and at the beginning of each renewal Term thereafter on the calendar day corresponding to the commencement of your current Term, unless you cancel your Subscription or a Qualified Vacation is purchased through your Liberty Travel Consultant. The rate for the renewal Term will be the then current subscription-rate. The Subscription Fees charged to your payment method may vary from Term to Term due to changes in your subscription plan or applicable taxes, and you authorize Provider to charge your payment method for these amounts. Provider reserves the right to change the pricing of your Subscription at any time. In the event of a price change, Provider will post the new pricing on the https://www.myflightcentrerewards.com (FCR Website) and attempt to notify you in advance by sending an email to the address you have registered for your Member Account. You agree that we may change the pricing we charge you for your Online Paid Subscription and any Products and Services offered in your Subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our Subscriptions through an electronic communication to you. If you do not wish to accept a price or Subscription change made by us, you may cancel your Subscription as described below, otherwise you will be deemed to have consented to the price or Subscription change and authorize Provider to charge the new Subscription Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Provider within sixty (60) days after they first appear on an account statement.
6. Free Trials/Promotional Offerings. We may, at our discretion, offer promotional trial subscriptions to access the Program for free for a limited time or at special discounted prices. If you sign up for a trial use, your rights to use the Subscription are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms. Please be aware that when you sign up for a free trial, you will be required to provide your credit card number and Provider will confirm your credit card is valid. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions. If indicated within your Enrollment, your subscription may start with a free trial. The free trial period of your Membership Subscription will last for thirty (30) days or as otherwise specified during sign-up (“Free Trial Period”). Free-Trials are for new subscribers only and the Provider reserves the right to determine your eligibility for the free-trial. Provider will begin billing your Payment Method for the Annual Subscription Fees at the end of your Free Trial Period unless Subscriber cancels prior to the end of the Free Trial Period. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. ONCE YOUR FREE TRIAL ENDS, WE OR A THIRD PARTY PAYMENT PROCESSOR WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR PREMIUM SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR PREMIUM SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
III. PAYMENT FOR THE ONline paid SUBSCRIPTION:
A. Subscribers Right to Cancel the Membership Subscription. Subscriber may cancel the Membership Subscription online through your account at www.flightcentrerewards.com, or by calling, emailing, or providing written request to Provider at the address as detailed in Section VI, below at any time. EXCEPT IN THE EVENT OF A FREE TRIAL IN WHICH CASE YOU CAN CANCEL AT ANYTIME DURING THE FREE TRIAL, YOU, THE SUBSCRIBER, MAY CANCEL YOUR ENROLLMENT IN THE SUBSCRIPTION AT ANY TIME PRIOR TO MIDNIGHT OF THE TENTH (10TH) CALENDAR DAY AFTER YOUR DATE OF YOUR ENROLLMENT AND RECEIVE A FULL REFUND. After the tenth (10th) day, there is no refund due on Subscription Fees or any other amounts paid to Provider.
B. Provider’s Right to Cancel. Provider may cancel the subscriber’s Enrollment immediately, or at any time, upon any other breach by Subscriber of any provision of these Subscription Agreement Terms or these Terms and Conditions, including, but not limited to, fraud, abuse and/or the commercial use of Subscription Benefits. Notwithstanding the foregoing Provider or Flight Centre may cancel the Program at anytime for any reason and in doing so the redemption of any Vacation Rewards will be governed by subsection V.E below.
C. No Returns/Refunds. Except as provided in subsection (A) above, ALL SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE AND THERE WILL BE NO CREDITS FOR PARTIALLY USED PERIODS.
D. Effect of Cancellation or Termination. Subject to all terms herein, upon cancellation or termination of the Subscription, access to the Subscription Benefits will immediately terminate with the Subscription and the redemption of any Vacation Rewards will be governed by subsection V.E below.
V. Liberty travel Gift CARD FROM FLIGHT CENTRE REWARDS:
A. Vacation Rewards Generally. Subscriber may accrue “ Vacation Rewards” by making purchases through the Program and at Flight Centre’s sole discretion at a Qualified Vacation (collectively a “Qualifying Activity”) will indicate how many Vacation Rewards will be received upon completing the transaction. Vacation Rewards are issued to the Member Account at the time of travel or shipment of purchased items. Vacation Rewards do not constitute property of the Subscriber and are not transferable by the operation of law or otherwise to any person or entity and cannot be transferred to another person or party. The amount of Vacation Rewards earned for any purchase will be identified prior to purchase and will vary from time to time in the sole discretion of Provider and Flight Centre . All Vacation Rewards you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Vacation Rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Vacation Rewards, which remain Provider property at all times. Vacation Rewards have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Vacation Rewards have no purpose or use except in exchange to a Liberty Travel E-gift Card (“ Member Card”) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Vacation Rewards, or offer to purchase, sell, or trade any Vacation Rewards or other virtual items. Any attempt to combine or transfer Vacation Rewards in any other manner other than in accordance with these Terms and Conditions will result in disqualification from the Program and forfeiture of all Vacation Rewards in the Member Account. Vacation Rewards cannot be used to purchase Products and Services on the FCR Website. Vacation Rewards will not be valid unless earned in strict compliance with the requirements as established and intended by us and Flight Centre, and Subscriber shall not attempt to earn Vacation Rewards by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Provider reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that Provider believes, in its sole discretion, that a Subscriber (or Subscribers) have violated these Terms and Conditions. You agree to abide by Provider’s final and binding decisions regarding the Program and your participation in it, including without limitation the redemption of the Vacation Rewards. Vacation Rewards are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer Vacation Rewards. The only way to use Vacation Rewards is to redeem them to your Member Card (described below). We reserve the right to verify your eligibility qualifications prior to fulfilling Vacation Rewards on a Member Card.
B. Vacation Rewards Details. As long as you maintain active status with the Program, Vacation Rewards will not expire unless the Program is completely discontinued in which event Vacation Rewards are subject to Section (E) below. Please note that we reserve the right to institute expiration dates for Vacation Rewards, as determined in our sole discretion at any time. Vacation Rewards are always subject to verification and eligibility determined by us, in our sole and absolute discretion. We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms and Conditions, to: (i) change the number of Vacation Rewards awarded, or to award no Vacation Rewards, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn Vacation Rewards, (iv) limit the number of times or frequency a Subscriber may earn Vacation Rewards for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Vacation Rewards earning opportunities to select groups of Subscribers. Also, Provider may offer Vacation Rewards for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer Vacation Rewards for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Vacation Rewards will appear in your Member Account. Each Subscriber will be responsible for ensuring the accuracy of his/her Vacation Rewards totals. If a Subscriber believes his/her Vacation Rewards total is not accurate, or that Vacation Rewards earned were not credited, please call us at the following phone number detailed in Section VI, within six (6) days of posting of the Reward. Vacation Rewards subsequently determined, in the sole discretion of Provider, to be invalid, will be removed from a Subscriber’s Vacation Reward accumulation total.
C. Provide Accurate Information. Each Subscriber is responsible for ensuring the mailing address associated with his/her Member Account is accurate and up to date. We are not responsible for non-receipt of the Member Card to e-mail address associated with the Member Account. Changes to Member Accounts or the information in them should only be made by the Subscriber to whom such Member Accounts belong.
D. Vacation Rewards Redemptions are Final. All Vacation Rewards redemptions for Member Cards are final. Vacation Rewards will not be refunded or placed back in a Subscriber’s quantity of redeemable Vacation Rewards for any reason after an order has been placed.
E. Forfeiture of Vacation Rewards. In the event that the Flight Centre Rewards Program is terminated by the Provider, the Provider will notify all Subscribers of its intent to terminate the Program and that it will no longer be accepting new Subscribers. In addition, the Provider will allow Vacation Rewards to be converted to the Member Card for a period of twelve (12) months after termination of the Program. Any Vacation Rewards remaining in the Member Account after the twelve month period will be forfeited without compensation. The Vacation Rewards have no cash value and are only redeemable to the Member Card.
F. Vacation Rewards Redemption. You understand and agree that we and Flight Centre may set the Vacation Rewards redemption ratio for any such rewards in our sole and absolute discretion and we may change such ratio at any time throughout the Program. We also reserve the right to charge you an administrative fee such as a processing or handling fee when redeeming your Vacation Rewards and you agree to pay any such amounts if requested by us at the time of Vacation Rewards redemption.
G. Liberty Travel E-Gift Card from Flight Centre Rewards. Subscriber can elect to redeem Vacation Rewards onto the Member Card by logging onto the “FCR Website. Once the Vacation Rewards have been redeemed as funds on the Member Card, the funds may be used as indicated in Section (H), below. Member may purchase travel through Liberty Travel using the Member Card. Each Liberty Travel Reward redeemed to the Member Card will be eligible for the equivalent of one USD of spending towards the purchase of Liberty Travel Purchases. This may change at anytime as mutually to agreed to by the Provider and Flight Centre. Purchases for commercial purposes are strictly prohibited. Use of the Member Card may be subject to restrictions as set out by Flight Centre in writing or otherwise from time to time. Upon activation the Member Card will be sent directly to the Subscriber’s email address provided on the Enrollment. Subscriber is responsible for the safe keeping of the Member Card and any costs related to the reissuance of the Member Card. Please see your Member Card Terms and Conditions for complete details including the expiration and any associated fees, as applicable.
H. The member card may be used for transaction made in U.S. dollars only. As otherwise provided in these Terms and Conditions and the member card terms and condition, the member card is no redeemable for caSH. The member card is not transferable. The member card may not be used for unlawful purposes. no reissuance fee will be charged to issue a replacement card for a lost or stolen card. The member card is issued by GiveX.
VI. PROVIDER: The administrator and operator of the Subscription program and the services provided under these Terms and Conditions is International Cruise & Excursion Gallery, Inc., d.b.a. ICE. (“Provider”). Provider’s phone number, and address are: 833-332-2724, 7720 N. Dobson Rd., Scottsdale, AZ 85256. Provider is registered with the State of Florida as a Seller of Travel - Registration No. ST29452; Washington Seller of Travel Registration No. UBI 60244-3155; California Seller of Travel Registration No. CST 2066521 (registration as a seller of travel in California does not constitute approval by the State of California and Provider is not a participant in the California Travel Consumer Restitution Fund California law requires sellers of travel to have a trust account or bond, which Provider has issued by RLI Insurance Company in the amount of $100,000.00). Provider is registered pursuant to Haw. Rev. Stat. § 468L-1 et. seq., Registration No. TAR-5192, and maintains a Hawaii travel agency trust account named Client Trust Account #1 at First Hawaiian Bank.
VII. ELECTRONIC SIGNATURE CONSENT AND COMMUNICATIONS:
A. Consent. Provider requires that Subscriber’s subscription and all associated payments be electronically processed and that, except as otherwise herein provided, all of Provider’s written communications to Subscriber be conducted by electronic means. Subscriber therefore affirmatively consents and agrees (initially and on an ongoing basis) that Provider may electronically provide to Subscriber these Subscription Agreement Terms, any certificates, and other documents related to Subscription Benefits, and all other disclosures, agreements, contracts, rules and regulations, account statements, reservation and other receipts, modifications, amendments and all other documents relating to the subscription (collectively, “Electronic Records”), including, for example, any amendment or updates to the Subscription Benefits and content of the FCR Website and any disclosures required by law. All Electronic Records may be delivered to Subscriber’s Provided Email Address (as defined below) or Provider may post such Electronic Records on a webpage setup by Provider on the FCR Website (the “ Subscriber’s Webpage”), or otherwise on the FCR Website. If Provider posts Electronic Records on the FCR Website, Provider may send a message to Subscriber’s Provided Email Address and/or via messaging on Subscriber’s Webpage alerting Subscriber to the posting. Provider reserves the right to send any or all Electronic Records or other records to Subscriber in paper form to Subscriber’s current postal mailing address on file. Electronic notices and Electronic Records delivered via telecommunication, whether to Subscriber’s Provided Email Address or Subscriber’s Webpage (if any) shall have the same force and effect as if delivered to Subscriber in paper form. Subscriber covenants and agrees to regularly check the FCR Website and Subscriber’s Webpage (if any) for communications pertaining to these Subscription Agreement Terms.
B. Scope and Withdrawal of Consent. Subscriber’s consent and agreement to receive communications and to transact business electronically, and Provider’s agreement to do so, applies to all Electronic Records, as well as all Provider and/or partner/affiliate marketing communications and other offers, benefits and other similar Subscriber communications. Subscriber hereby further agrees and consents to the general use of electronic signatures in connection with Subscriber’s subscription, these Subscription Agreement Terms, and any certificates, and by enrolling Subscriber agrees to be bound whenever Subscriber clicks on an “Agree”, “Accept” or a similar button, or otherwise manifests assent on the FCR Website, at which time a valid, binding and enforceable contract shall be formed. The FCR Website, the Subscriber’s Webpage (if any), and any electronic communication contemplated by these Subscription Agreement Terms, including delivery of Electronic Records, are Internet-based programs, and are therefore subject to potential malicious interference by third-parties. Subscriber understands and accepts this risk and agrees that Provider shall not be liable for any damages related thereto. The withdrawal of Subscriber’s consent to electronically transact business with Provider will result in the termination of Subscriber’s subscription. Withdrawal may be performed by submitting a tangible, non-electronic request to Provider at the address provided in Section VI above, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.
C. Paper Copy. Subscriber has the right to receive a paper copy of these Subscription Agreement Terms and all exhibits and addenda hereto. To request a paper copy Subscriber must (1) ask in person at the time of executing these Subscription Agreement Terms or (2) submit a tangible, non-electronic request to Provider at the address set forth in Section VI above, with the details of Subscriber’s request. Paper copies will be provided to Subscriber at no charge within fourteen (14) days of Provider’s actual receipt of the written request. Subscriber further has a right to a paper copy of all Electronic Records and may use the foregoing procedures to request such copies at no charge; provided, however, that Provider shall have no duty to provide any paper copy of any Electronic Records unless Subscriber’s request for such Electronic Records is actually received by Provider within fourteen (14) days of the transmission of such record or records to Subscriber.
D. Equipment and Software Requirements. To receive Electronic Records and to access the FCR Website, Subscriber needs to have a computer with (i) access to the FCR Website, (ii) an active email account at the Provided Email Address, (iii) Microsoft Internet Explorer 11, or Google Chrome or Mozilla FireFox or Safari, and (iv) Adobe Acrobat Reader 10 or higher. Subscriber represents that Subscriber has such equipment and software and that Subscriber is able to download, access, read, review, print and store the Electronic Records provided to Subscriber. Provider will notify Subscriber in the event that Provider changes hardware or software requirements which will materially affect Subscriber’s ability to access any Electronic Records.
E. E-mail Communication. Subscriber agrees to maintain the e-mail address provided on the first page of these Subscription Agreement Terms or any substitute thereof (collectively, Subscriber’s “Provided Email Address”) as a valid, active email address. If Subscriber fails to maintain a valid Provided Email Address, then any notice Provider sends to Subscriber’s old email address shall be deemed sufficient notice. Subscriber may update the Provided Email Address by submitting a tangible, non-electronic request to Provider at the address provided in Section VI above, and subsequently confirming such request via telephone. Subscriber acknowledges and agrees that the Internet is inherently insecure, and that Provider has no liability to Subscriber for any loss, claim or damage arising or in any way related to Provider response(s) to any e-mail or other electronic communication that Provider in good faith believes Subscriber to have submitted to Provider. Provider has no duty to investigate the validity or to verify any e-mail or other electronic communication. Provider may respond to an e-mail communication provided by Subscriber to either the address provided with the communication or the Provided Email Address. Any e-mail returned to Provider undelivered may be re-sent to Subscriber at any other e-mail address that Provider has in Subscriber’s file, unless Subscriber has previously informed Provider through electronic or written notice that an e-mail address is no longer valid. Although Provider has no obligation to do so, Provider reserves the right to require authentication of e-mails or electronic communications. Provider will have no obligation, liability or responsibility to Subscriber or any other person or entity if Provider does not act upon or follow any instruction to us in the event that a communication cannot be authenticated to Subscriber’s satisfaction.
VIII. FCR WEBSITE USE:
1. Access to FCR Website. As a Subscriber you will have access your Subscriber’s Webpage and other locations on the FCR Website. You are prohibited from sharing your password with third parties. You must notify Provider immediately if your password becomes compromised. You are fully liable for (i) all of your activities or omissions in connection with the FCR Website; and (ii) all activities on the FCR Website originating from your username and password, including unauthorized use. We may provide, expand or discontinue any features on the FCR Website at any time. We retain the right at our sole discretion to deny access to anyone to our FCR Website for violating these Subscription Agreement Terms.
2. FCR Website Content. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property on our FCR Website is our property or the property of our partners and is protected by copyright and other intellectual property laws. You agree not to rearrange or modify the content. You agree not to create abstracts from, scrape or display our content for use on another website or service.
3. Provider Website “As Is.”. We do not represent or warrant that you will have continuous or uninterrupted access to our FCR Website or that the functions of our FCR Website will be error free. Our FCR Website is provided to you “as is” and “as available,” and Provider and its service providers make no representation or warranty relating to the FCR Website, including, without limitation, its performance, availability, content, or functions. Your sole remedy for any failure or non-performance of our FCR Website shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the FCR Website.
4. Links or Pointers to Other Provider Website. Provider makes no representations about any other website that you may access through our FCR Website. When you access a non-Provider website, please understand that it is independent from us, and that we have no control over the content thereon. In addition, a hyperlink to a non- Provider website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Access to any third party website linked to our FCR Website is entirely at your own risk.
[End of the Subscription Agreement Terms]
Travel, travel provider, and any other third party Product and Service information provided to Purchaser within the Program is based on information received from third party providers. While ICE makes reasonable efforts to ensure that this information is accurate and complete, ICE expressly disclaims liability for inaccurate, incomplete, or misleading information including without limitation any contained in the Provider Terms.
These Terms and Conditions are subject to change at the discretion of ICE without prior notice. By purchasing Products and Services through the Program, Purchaser acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.
Program purchases, benefits and transactions including without limitation any Products and Services, may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Failure to adhere to this limitation will result in the termination of FCR Website access benefits, the cancellation of any and all pending travel, and the retention of all payments made by Purchaser up until such prohibited use is discovered by ICE.
Purchaser and ICE are dealing at arms’ length, creating a commercial relationship. ICE is not the Purchaser’s agent or Purchaser’s fiduciary. By purchasing Products and Services through FCR Website, Purchaser acknowledges and agrees that no such agent or fiduciary relationship exists between Purchaser and the ICE. ICE is acting as intermediaries for the provider of any Product and Service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by ICE.
All Products and Services offered through the Program (including travel products such as cruise, resort, hotel, etc.) are available for purchase through the FCR Website by Member Account holders only. All offers are based on availability and travel Products and Services are not guaranteed until confirmation is received from the travel provider or supplier directly through the FCR Website.
We do our best to describe every item, Product and Service offered on the FCR Website as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the FCR Website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, Product and Service, we shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from the FCR Website is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
THE PURCHASE OF PRODUCTS AND SERVICES ON THE SERVICES IS SUBJECT TO AVAILABILITY. PRODUCTS AND SERVICES DISPLAYED ON THE FCR WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. ICE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY E-MAIL DELIVERY TO YOU.
The price or rate of Products and Services listed for each product or service is based on the terms and conditions of the actual product description within each individual transaction including without limitation the Product Terms. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Product and Services prices or rates are based on space availability and subject to change without notice. Additional fees may apply. Special prices or rates may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices or rates and dates may not be available at time of booking. All information contained in the Program is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to Purchaser, and Purchaser agrees to such increase, unless otherwise stated in the terms and conditions of the individual transaction, including without limitation the Product Terms.
Processing fees may be charged and are subject to change, from time to time, at the sole discretion of us without prior notice.
All fees and charges are stated and payable in United States Dollars (USD).
Program Products and Services may be purchased with any valid Mastercard, Visa, Discover or American Express credit card. Purchaser may purchase products or services with a debit card that displays a Visa or Mastercard logo. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with your credit card or debit card transaction, ICE will make reasonable efforts to contact Purchaser, but ICE reserves the right (without refund or credit) to cancel a confirmed booking if payment is denied by Purchaser’s financial institution. Purchaser will be responsible for any travel provider penalties assessed due to a payment being rejected by Purchaser’s financial institution. Additionally, ICE will assess a $25.00 USD fee per person if any transaction is denied by Purchaser’s financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make other final payment arrangements or if Purchaser experiences technical difficulties with the FCR Website and is not sure of the status of a reservation or payment, call ICE customer service for assistance.
In the event that your credit card is declined at the time that ICE attempts to process any payment contemplated by these Terms and Conditions, You hereby authorize ICE to attempt to charge such card for lesser amounts until the charge is accepted. ICE agrees to provide you with pro-rated access to benefits in the event that ICE receives a partial payment as contemplated by this Section. By charging your credit card for a lesser amount than the amount that is due, ICE does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to ICE.
THE PROVIDER AND FLIGHT CENTRE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIMS, ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION, FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY WHILE TRAVELING OR ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM THE TRAVEL, OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, OIL SPILLS, MECHANICAL BREAKDOWNS, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM) OR ACTS OF GOD.
In exchange for the right to participate in the Subscription, you agree to indemnify, defend (at our option) and hold the Provider and Flight Centre harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your user content; (ii) your use of the Subscription and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Subscription Agreement Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the subscription or your activities in connection with the FCR Website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your user content) (all of the foregoing, “ Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we or Flight Centre retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Provider or Flight Centre.
Subscriber represents and covenants to the Provider and Flight Centre that Subscriber is not and will not become, an OFAC Prohibited Person, and Subscriber is not acting and will not act as an agent or nominee in connection with this transaction on behalf of an OFAC Prohibited Person. Subscriber agrees to provide Provider or Flight Centre at any time during the term of these Subscription Agreement Terms with such information as Provider or Flight Centre determines appropriate to comply with the Anti-Money Laundering Laws of the United States and similar laws. Provider may suspend performance under these Subscription Agreement Terms, including Subscriber’s use of Subscription Benefits, while Provider performs investigations of Subscriber to ensure that Subscriber is not an OFAC Prohibited Person. If Provider is unable to determine, in Provider’s sole, unilateral and subjective discretion, that Subscriber is not an OFAC Prohibited Person, Provider may cancel these Subscription Agreement Terms and terminate Subscriber’s Subscription by giving notice to Subscriber. Provider shall maintain any monies paid by Subscriber in connection with these Subscription Agreement Terms in compliance with applicable law.
WASHINGTON RESIDENTS: 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.
No oral promises, representations, or statements are part of these Terms and Conditions. Except as provided herein, Provider makes no warranty regarding the Subscription Benefits including the products and services provided by third parties. If any provision in these Subscription Agreement Terms is unenforceable, the unenforceability will not affect the validity of any other provision.
The parties agree that these Terms and Conditions including the Subscription, transactions, and use of this FCR Website have a substantial nexus with the State of Arizona, that notices to ICE shall be delivered to ICE at its office in the State of Arizona, and that these Terms and Conditions shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona without regard to conflicts of law principals.
THE PROVIDER AND/OR FLIGHT CENTRE SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSONS OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE SUBSCRIPTIONS AND SERVICES PURCHASED THROUGH PROVIDER OR THROUGH FLIGHT CENTRE VIA THE MEMBER CARD, INCLUDING, WITHOUT LIMITATION, CRUISE AND RESORT CERTIFICATES AND VACATION REWARDS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. PROVIDER AND FLIGHT CENTRE PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. THE PROVIDER AND FLIGHT CENTRE PARTIES’ COLLECTIVE LIABILITY FOR ANY CLAIM ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF THESE TERMS AND CONDITIONS, ANY SUBSCRIPTION BENEFITS, MEMBER CARDS AND/OR THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE SUBSCRIPTION BENEFITS AND SERVICES PROVIDED BY PROVIDER HEREUNDER SHALL BE AND HEREBY ARE EXPRESSLY LIMITED TO $1,000. IN NO EVENT SHALL THE PROVIDER OR FLIGHT CENTRE BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS SECTION SHALL EXTEND TO, BENEFIT, AND EXPRESSLY APPLY TO PROVIDER, FLIGHT CENTRE AND THEIR AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
YOU AGREE THAT PROVIDER AND FLIGHT CENTRE PARTIES WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAVEL SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN THE EVENT OF NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION OF A TRAVEL SERVICE PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE SHALL BE TOWARD SUCH TRAVEL SERVICE PROVIDER AND NOT TOWARD THE PROVIDER OR FLIGHT CENTRE.
ANY DISPUTE OR CONTROVERSY ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PROGRAM (A “DISPUTE”) SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF COURTS OF COMPETENT JURISDICTION SITUATED IN MARICOPA COUNTY, ARIZONA, AND THE PARTIES HEREBY IRREVOCABLY WAIVE ANY OBJECTION OF FORUM NON CONVENIENS OR OTHER JURISDICTIONAL DEFENSE IN CONNECTION WITH ANY DISPUTE.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY WAIVE ANY RIGHT THEY MAY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE AND AGREE TO SUBMIT TO TRIAL BY THE COURT ON ALL ISSUES IN SUCH DISPUTE, AND AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO THE SUBSCRIPTION OR OTHERWISE RELATED TO THE PROGRAM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH AND SUBJECT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). ONE ARBITRATOR WILL BE SELECTED BY THE PARTIES’ MUTUAL AGREEMENT OR, FAILING THAT, BY THE AAA, AND THE ARBITRATOR WILL ALLOW SUCH DISCOVERY AS IS APPROPRIATE, CONSISTENT WITH THE PURPOSES OF ARBITRATION IN ACCOMPLISHING FAIR, SPEEDY AND COST-EFFECTIVE RESOLUTION OF DISPUTES. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE TRIBUNAL’S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. JUDGMENT UPON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL TAKE PLACE IN MARICOPA COUNTY, ARIZONA. ANY AWARD ENTERED BY THE ARBITRATOR(S) SHALL BE FINAL AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IN ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO SUBSCRIBER’S SUBSCRIPTION, THESE SUBSCRIPTION AGREEMENT TERMS, OR ANY OTHER RELATED AGREEMENT OR INSTRUMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEYS’ FEES.
(A) SUBSCRIBER AND THE PROVIDER PARTIES 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 SUBSCRIBER NOR THE PROVIDER PARTIES 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 SUBSCRIBER OR PROVIDER PARTIES’ ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND PROVIDER PARTIES FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUBSCRIBER, PROVIDER PARTIES, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
(B) 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.
A. Content. The FCR Website contains a variety of: (i) materials and other items relating to the Program and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Carnival Corporation (collectively, “ Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by Provider (including Carnival Corporation), and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of Provider, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of Provider or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Provider grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “ Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Provider’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the FCR Website for public or commercial purposes, including the text, images, audio, and video without Provider’s written permission.
D. Rights of Others. When using the FCR Website, you must respect the intellectual property and other rights of Provider and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
E. Copyright Claims. We respect the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the FCR Website infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:
1. A clear identification of the copyrighted work that you claim has been infringed.
2. A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the FCR Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement notifications can be sent by email or mail as follows: firstname.lastname@example.org or Attn: IP Counsel, International Cruise & Excursion Gallery, Inc., 7720 N. Dobson Rd., Scottsdale, AZ 85256.
We will not process your notice if it is incomplete. We reserve the right to remove content on the FCR Website alleged to be infringing without prior notice, at our sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.
These Terms and Conditions in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM AND SUBSCRIPTION MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM OR SUBSCRIPTION UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SUBSCRIPTION (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service each time you use the Subscription (at least prior to each transaction or submission). The revised Terms and Conditions will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions that applied when you previously used the Subscription will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Subscription and related services.
You acknowledge that telephone calls to or from us or our service providers 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 by calling us at the phone number listed above or update your account at FCR Website. You agree to indemnify, defend and hold us and Flight Centre 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 email@example.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.
The following terms and conditions apply to purchases of travel Products and/or Services and in the event of any conflicts between this section and the any other section of the Terms and Conditions, these travel Products and/or Services terms and shall take precedence and prevail with respect to the purchase of travel Products and/or Services by Purchasers. For the avoidance of doubt these Terms and Conditions including this Annex A, do not govern the purchase by you of travel services from Flight Centre directly using your Member Card and other forms of payment.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by ICE or its assignee (“Booking Confirmation/Travel Receipt”). This document will be emailed to Purchaser within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers’ names on the Booking Confirmation/Travel Receipt must accurately reflect their complete legal names as they appear on their respective proof of citizenship documents. It is Purchasers’ sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness and check the spelling of all names carefully. Notify the Program customer service immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate. To assist with you’re the member’s travel reservations, a copy of the booking and/or cancellation receipt will be shared with their Liberty Travel Consultant.
Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation. Travel providers may require that Travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. ICE assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider service/accommodation.
Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Purchaser approximately two (2) weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider’s prior written consent. When a name change is required additional fees may apply. Notify Program customer service immediately if changes or corrections are required.
Travel Warnings. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. ICE urges Travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, ICE 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.
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from the FCR Website. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your reservation if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. Provider is not liable for any costs incurred due to hotel relocation.
The hotels and other suppliers providing travel or other services on this FCR Website are independent third party providers and not agents or employees of Provider.
We have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the travel service provider directly.
You acknowledge that we may pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that we provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the FCR Website may be a combination of the pre-negotiated room rate for rooms reserved on your behalf by us and the facilitation fee retained by us for their services. You authorize us to book reservations for the total reservation price, which includes the room rate displayed on the FCR Website, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card will be charged by our service provider for the total reservation price. Upon submitting your reservation request you authorize us to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice us for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us for their services vary based on the amount and type of hotel reservation.
In relation to some travel, purchasers maybe required to be 21 years of age or older. In these situations, guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please note the terms and conditions on the individual product or service description for more details.
The fees assessed by ICE and/or travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through FCR. Each travel provider has specific cancellation policies and penalties separate and apart from FCR. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Purchaser must cancel any travel booking, please call the Program’s customer service representative immediately, or in writing, at the following address: Flight Center Rewards Attn: Cancellations, at 7720 N. Dobson Rd., Scottsdale, AZ 85256, or by calling 1-XXX-XXXX. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is the Purchaser’s responsibility to ensure cancellation requests are properly received by ICE. 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 (30) 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 (14) 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.
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 ICE 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).
The following additional terms and conditions apply to purchases of wine or wine Products and Services through the FCR Website. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect only to the purchase and shipping of wine or wine products and services by Members.
Providers. Where local law allows, we have chosen WineDirect, Inc., to select the wines and operate the wine benefits program on our behalf. WineDirect, Inc. uses suppliers’ direct to consumer shipping permits and ships in accordance with direct shipping laws for states where we ship. ALL ALCOHOLIC BEVERAGES PURCHASED THROUGH US, ARE SOLD BY THE LICENSED SUPPLIER AS SELLER OF RECORD. We and WineDirect, Inc. make no representation of the legal rights of anyone to ship or import alcoholic beverages into any state. All redemption of Member benefits will be facilitated by us. Due to state laws, wine can be purchased by adults 21 years and older.
Age Restrictions. Members must be at least 21 years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Individuals below the legal drinking age may purchase non-alcoholic products from the FCR Website. Drinking wine may increase risk for cancer, and, during pregnancy, can cause birth defects.
Confidential Information. Members are solely responsible for protecting their usernames and passwords from any unauthorized purchasers including minors.
Sale and delivery. We provide for the sale of wine products and services in the United States and will only be shipped where it is not prohibited by law. Wine Direct does not deliver wine or other alcoholic beverages outside the United States. Sales are subject to all Federal, State and Local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable Federal, State and Local taxes. Members who do not reside in areas where the delivery of wine is legal, or live outside the United States, or reside in areas where we, at our sole discretion elect not to deliver wine, may purchase non-alcoholic products.
Parental Control Protections. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content including alcohol purchases that may be harmful to minors.
No Warranties. To the extent permissible under law, we disclaim any and all warranties, express or implied, for any product or service sold on the FCR Website, beyond warranties provided by the supplier or manufacturer.
Return Policy. Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, we reserve the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.
Wine Price Match Guarantee. The Price Match Guarantee is only applicable against the winery’s price as listed on its web site at the time of purchase or within 24 hours after purchase. You must provide verifiable proof of the lower price, which must be available to the general public. Prices for wine club members, certificate-holders, recipients of e-mails or other restricted sales will not be honored. If you find that the winery is charging a lower price for the exact same product, including vintage, we will issue a credit for the difference in price to the card used to purchase the wine from.
A. Must be 21 years of age to Order and Sign for Delivery. We strongly recommend sending all orders containing alcoholic items to a daytime or business address in order to ensure completed delivery. Alcoholic shipments will require a signature by persons of at least 21 years of age for delivery. By placing an order through us, the Member is representing him/herself to us as being at least 21 years of age and that the person to whom it is being shipped is at least 21 years old. Member is responsible for incomplete deliveries and shipments, including, but not limited to, restocking fees and/or reshipping costs.
B. No PO Boxes. USPS regulations restrict shipping alcohol to PO Boxes or APO/FPO addresses.
C. Not all states are eligible for delivery of alcohol. Shipments are only within the continental United States. Listed shipping rates are valid only for those shipments within the continental US and are limited to the states that wineries can ship to. The states that allow wine delivery may change without notice, and not all winery products are eligible to be shipped to the same states. We cannot ship wine to the following states: AK, AR, AL, DE, HI, KY, MS, OK, RI, UT, and VA.
D. Consider the Weather. Temperature variances can occur during the summer months and it is the Member’s responsibility to consider the necessary packaging in order to protect their wine purchases. We may at times make suggestions such as overnighting shipments or suggest to hold the shipments back in order to ensure the integrity of the wines due to inclement weather. Member will have the ability to purchase cool pack and/or air shipping to protect packages from heat spikes when ordering.
E. Weekend or Holiday Delivery. Weekend or holiday delivery of wine is not available. All UPS and FedEx delivery attempts will be made Monday through Friday during normal business hours of 9AM to 5PM.
The following additional merchandise terms and conditions apply to purchases of products and services through Flight Centre Rewards. In the event of any conflicts between this section and the any section of the Terms and Conditions, these additional product and service terms shall take precedence and prevail with respect to the purchase of merchandise through us.
Sales Tax. We are required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.
Shipping and Handling (S/H). Products may only be shipped to a valid United States address in the contiguous forty-eight (48) States. Shipping and handling charges are automatically calculated on a per-item basis and after Purchaser provides the “Ship To Address” information. We cannot ship to a PO or APO address. We reserve the right to restrict delivery to certain remote locations. Products ordered together may not necessarily ship together. Please allow processing time for all orders. Stock items are shipped via standard ground service within 2-3 business days. For items shipped directly from the manufacturer, (drop ship items), please allow 1-8 weeks for delivery, depending on the item. Some items may take longer for delivery such as Furniture and Large Appliances.
Prices and Expiration. Except where otherwise noted, the displayed list price on the FCR Website may represent the full retail price suggested by the manufacturer and/or supplier; or may be estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The product list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice, and we disclaim any such liability or responsibility for rapidly changing prices. In the event of an erroneously published price, we reserve the right to cancel the order.
Products. All items are manufactured by independent suppliers. We and our subsidiaries, affiliates and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to suppliers’ items, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturer’s unforeseen product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer’s updated or similar product, each of which will be of equal or greater value than the product ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the item shown, not the substituted product. Model numbers may be unique to this FCR Website and may not match manufacturer's retail model numbers. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this FCR Website is accurate, complete, reliable, current, or error-free. If a product received is not as described, Purchaser’s sole remedy is to return it in unused condition.
Cancellations. Due to our automated order processing system, we cannot cancel an order; however, we offer a thirty (30) day return policy, from the receipt of order.
Returns. If Purchaser is dissatisfied with a merchandise purchase, Purchaser must return the item in saleable condition, within thirty (30) days of receipt of order. We will gladly exchange the item or credit your account or issue credit to the credit card used for the merchandise purchase. A re-stocking fee may apply and freight charges are non-refundable. Merchandise purchased as a set may not be returned individually. To help us maintain quality standards and understand the reason for the return, we require that Purchaser call our customer service to obtain a Return Authorization number (RA#). All returns should be shipped via the method received, using the RA label provided. We will promptly process the return upon receipt. If Purchaser has misplaced the packing slip, please include a note inside the package with the following information: name, address, order number and items ordered. Please allow a reasonable processing time to process the return and issue a credit. In the rare event the ordered merchandise arrives damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt and call Flight Centre Rewards customer service immediately. All damages must be reported within 24 hours of receipt.
Merchandise Price Match Guarantee: The Price Match Guarantee applies only to the base cost of the Product, not including taxes, service fees or other charges. Price Match Guarantee does not apply to rates or prices offered on other membership program websites, corporate discounts, military rates or prices, group, negotiated rates or prices, flash sales rewards program, incentive, rates obtained via auction or similar process, available by using a coupon/voucher or other promotion not offered to the general public or a pay in advance coupon/voucher promotion. The lower rate or price may not come from a website where you have to call to get the rate or price, or from an e-mail. The rate or price must be viewable, quoted, booked, and paid for in US dollars (without reference to currency converters). Lower rates or prices do not include errors or mistakes.