1. Welcome to the Travel + Leisure GO web site (the “Web Site”) controlled and operated by Travel + Leisure Clubs & Rental, LLC f/k/a Extra Holidays, LLC d/b/a TRAVEL + LEISURE GO (referred to herein as “TNL”,
“We”, “Our”, “Us” or “TRAVEL + LEISURE GO”). The goal of this Web Site is to provide you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with easy access to Your TRAVEL + LEISURE GO Membership benefits offered by TNL.
2. These TRAVEL + LEISURE GO Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between TRAVEL + LEISURE GO and You.
3. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN THE TERMS OF YOUR MEMBERSHIP. IN PARTICULAR, PLEASE SEE SECTIONS 17 AND 18, BELOW, WHICH REQUIRE DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND AFFECTS YOUR ABILITY TO BRING A CLAIM IN COURT AND PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN
THESE TERMS AND CONDITIONS.
4. From time to time, TRAVEL + LEISURE GO products and services may be fulfilled by either an affiliate of TNL or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with TNL or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through TRAVEL + LEISURE GO, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").
5. By purchasing products and services through TRAVEL + LEISURE GO, Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).
6. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through TRAVEL + LEISURE GO of the contents of these Terms and Conditions and all applicable Provider Terms.
7. ELIGIBILITY. TRAVEL + LEISURE GO is open to residents of the U.S. TRAVEL + LEISURE GO reserves the right to verify, or require proof of eligibility in order to obtain a Membership, and any fraudulent or wrongful information provided in order to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. TRAVEL + LEISURE GO reserves the right to alter these eligibility requirements at any time.
8. Members are responsible for reading and understanding these Terms and Conditions, as well as the TRAVEL + LEISURE GO Privacy Policy, and any other communications from TNL about the TRAVEL + LEISURE
GO program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any TRAVEL + LEISURE GO services, a Member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that TRAVEL + LEISURE GO does not control the privacy practices of these Providers. If a Member has any questions about the TRAVEL + LEISURE GO program or these Terms and Conditions, the Member should contact TRAVEL + LEISURE GO Customer Service at 877-934-1656. If a Member has any questions about the TRAVEL + LEISURE GO Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should consult the Privacy Policy.
9. By accepting any TRAVEL + LEISURE GO's services, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify TRAVEL + LEISURE GO if they are not eligible to receive any services at any time.
2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
1. TRAVEL + LEISURE GO is offered and fulfilled by Travel + Leisure Clubs & Rental, LLC f/k/a Extra Holidays, LLC d/b/a Travel + Leisure (“EH”) and TNL, a Florida licensed entity with License No. CQ1020620. California: CST-2141450-50. Registration as a seller of travel does not constitute approval by the State of California. EH and TNL are not participants in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. TNL has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST35519. Washington: Seller of
Travel Reg. No. 603338177. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled 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. Hawaii: Hawaii TAT Broker ID #TA-075-433-7792-01 and Hawaii Travel Agency License No. TAR-7404.
3. PROVISION OF INFORMATION
1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While TRAVEL + LEISURE GO makes reasonable efforts to ensure that this information is accurate and complete, TRAVEL + LEISURE GO expressly disclaims liability for inaccurate, incomplete, or misleading information.
4. MODIFICATIONS OF THE TERMS AND CONDITIONS
1. These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of TRAVEL + LEISURE GO without prior notice to Members (except where required by law). By
enrolling into the TRAVEL + LEISURE GO, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
2. TRAVEL + LEISURE GO may from time to time change prices, including recurring Paid Membership fees and any other fees applicable to Your Membership. TRAVEL + LEISURE GO will inform You of any price
changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, You accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, You may always reject the price change by canceling Your Membership as set forth herein (See Sections 13 and 14 below).
5. NO COMMERCIAL USE
1. Membership purchases, benefits and transactions are for personal use only and 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 membership agreement is grounds for immediate termination and closure of Your Membership without (a) refund
or (b) any further duty, obligation or liability to You.
6. MEMBER SUSPENSION AND TERMINATION
1. TNL may (without refund or credit) suspend or terminate a Membership (without prior notice, or first being required to suspend, or allow for a cure period), cancel a Booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with a Membership upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Policy by the Member or his or her guest(s) ii. Failure to pay any fees due and owing respecting TNL or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in TNL’s sole discretion, of any Member benefit, travel credit, or reservation by the Member or his or her guest; iv. Following suspension, if applicable, if the Member fails to cure the reasons for such suspension within such time as determined by TNL, however, suspension is not a condition precedent to termination, therefore a Member may be terminated without first being suspended; v. Upon termination of the TRAVEL + LEISURE GO; vi. Upon any determination by TRAVEL + LEISURE GO, in its sole discretion, that a Member or guest is abusive to any TRAVEL + LEISURE GO, affiliate, inventory provider or ancillary travel products provider personnel; vii. If a Member or guest causes property damage to any Affiliated Resort, Inventory or Ancillary Travel Product; viii. If required to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. for any other reason in the sole discretion of TNL.
7. TRAVEL + LEISURE GO’S ROLE
1. Member and TRAVEL + LEISURE GO are dealing at arms’ length, creating a commercial relationship. TRAVEL + LEISURE GO is not Member’s agent or Member’s fiduciary. By purchasing products and services
through TRAVEL + LEISURE GO, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and TRAVEL + LEISURE GO.
2. In connection with products or services not directly supplied and fulfilled by TRAVEL + LEISURE GO, TRAVEL + LEISURE GO is acting as an intermediary for the Provider of any such product or service,
and for any Provider in selling such services, or in accepting reservations or bookings for such services.
8. AVAILABILITY
1. All products and services offered through TRAVEL + LEISURE GO are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through TRAVEL + LEISURE GO. Member participation may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to TRAVEL + LEISURE GO.
9. PRICES AND RATES
1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to
change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay TRAVEL + LEISURE GO for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
10. CURRENCY
1. All fees and charges are payable in United States Dollars (USD).
11. PAYMENT
1. TRAVEL + LEISURE GO Memberships, products, and services may be purchased with any participating valid credit or debit card.
2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, TRAVEL +
LEISURE GO will make reasonable efforts to contact Member, but TRAVEL + LEISURE GO reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any 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 Web Site or if Member is not sure of the status of Member’s booking or payment, please call TRAVEL + LEISURE GO customer service at 877-934-1656.
12. TRAVEL CREDITS
1. A Member may be awarded with Travel Credits ("Travel Credits") upon Membership enrollment. Additional Travel Credits may be earned as a result of completing qualifying travel promotions, travel bookings or Membership subscription transactions. The Travel Credits awarded amount will vary at TRAVEL + LEISURE GO’s sole discretion. The Travel Credits awarded will be credited to the Member’s Travel Credit balance after the travel departure date indicated on the Booking Confirmation or as otherwise stated in promotional terms. Travel Credits may only be redeemed for active accounts in good standing. Other restrictions may apply.
2. Travel Credits may be redeemed towards the partial or full payment of qualifying bookings only at time of checkout. Travel Credits are not redeemable for cash and have no cash value. In certain cases, Travel Credits may not be redeemed toward payment of certain expenses (for example, any taxes, fees, travel insurance, shipping or handling charges). Travel Credits may not be redeemed for the booking of travel products booked through Travel + Leisure GO Concierge, unless explicitly listed in terms. A Member may redeem as many Travel Credits as such member has available in their Member’s Travel Credit account, up to the amount specified for any particular product or service. Travel Credits may only be redeemed by the Member(s) listed on the Membership account. Travel Credits redemptions may not be combined with any other discount or promotion. Travel Credits are not transferable.
3. If a Member cancels a travel purchase booked with Travel Credits, the Travel Credits may be applied against cancellations fees after any cash used in the purchase for that travel booking. If any portion of Travel Credits remains after cancellation fees are paid, then the remaining Travel Credits may be refunded to the Member’s Travel Credit account. Upon cancellation or refund of the purchase, Travel Credits awarded may be withdrawn at Travel + Leisure GO’s sole discretion.
4. The usage of Travel Credits for redemption, including minimums and maximums, are subject to change at the discretion of Travel + Leisure GO, and without prior notice to Member. Travel Credits may not be used to pay membership subscription fees and/or renewals. Travel + Leisure GO reserves the right to cancel or withdraw all Travel Credits in a Travel Credit Member’s account if the membership expires, is suspended, is terminated, or is cancelled.
5. Travel Credits may have an expiration varying from one (1) day to twelve (12) months from time of issuance. Details of Member’s Travel Credits balance and transactions may be found under My Account section of go.travelandleisure.com. Unless explicitly listed in terms at the time of issuance or as otherwise directed by Us, Travel Credits are valid for up to twelve (12) months from the date of issuance to Member. Unredeemed Travel Credits expire based on terms listed when issued, or upon the termination of the Membership or any renewal thereof, and TRAVEL + LEISURE GO owes no further duty, obligation or liability to a Member upon such expiration. Travel Credits have no cash value and are not transferable.
1. FREE TRIALS – We may offer free trials for particular Memberships, subject to the specific terms explained during Your enrollment. You can view details of Your free trial in Your TRAVEL + LEISURE GO account at https://go.travelandleisure.com/v6 in the “Account Summary” section. You may also contact us at 877-934-1656 for assistance. We reserve the right to determine eligibility for free trials, which may vary based on a variety of factors, including but not limited to, the Membership selected or how recently You redeemed a free trial. Certain limitations may
also exist with respect to combining free trials with any other offers.
If You wish to avoid charges to Your Payment Method (as defined herein), You must cancel prior to the midnight Eastern Time on the last day of Your free trial. You may cancel at any time by the methods set forth in Section 13.2 below. If You cancel during a free trial, cancellation may be effective immediately.
2. Trial Memberships can be cancelled at any time. Member may cancel a Trial Membership by: • Logging into Your TRAVEL + LEISURE GO account at https://go.travelandleisure.com/v6 and clicking on the “Account Summary” section under “Manage Membership” • Calling toll-free: 877-934-1656 • Sending written notice of cancellation to: memberservices@travelandleisure.com
3. If you cancel Your Trial Membership, cancellation may be effective immediately. Please note that upon termination or cancellation of Your Trial Membership, any bookings You have already made may not
necessarily be cancelled; Your ability to cancel an individual booking will depend on the terms and conditions associated with the booking.
4. Unless you notify Us that You wish to cancel, Your membership will continue automatically on a monthly or yearly basis, as originally agreed.
14. PAID MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION
1. Paid Memberships (“Paid Membership”) with a monthly term will automatically renew on a monthly basis on the date You signed up, until You cancel Your Paid Membership in accordance with these Terms and Conditions (see Section 14.9 below). You will be charged at the beginning of Your billing cycle and the charge may take several days to appear on Your account. If Your billing date is scheduled for a day that does not occur in every month (for example, the 31st), You will be billed on the last day of the month instead. So long as Member complies with all of the Paid Membership terms, including timely payment of the monthly Paid Membership fees, Member shall be eligible to receive the benefits of Paid Membership.
2. Paid Memberships with an annual term will automatically renew on an annual basis on the date You signed up, until You cancel Your Paid Membership in accordance with these Terms and Conditions (see Section 14.9 below). You will be charged at the beginning of Your billing cycle and the charge may take several days to appear on Your account. So long as Member complies with all of the Paid Membership terms, including timely payment of the annual Paid Membership fees, Member shall be eligible to receive the benefits of Paid Membership.
3. The current Paid Membership fees for TRAVEL + LEISURE GO vary and are dependent on the level and type of program under which the Member was initially enrolled. You will find additional details
about the Paid Membership You are subscribed to, including applicable charges and fees, next payment due date, payment history and invoices, and account management in Your TRAVEL + LEISURE GO account at https://go.travelandleisure.com/v6 in the “Account Summary” section. You may also contact us at 877-934-1656 for assistance.
4. By initiating Your first payment, You authorize Travel + Leisure Clubs & Rental, LLC f/k/a Extra Holidays, LLC d/b/a TRAVEL + LEISURE GO to charge Your credit card, debit card, or other eligible payment method (“Payment Method”) for recurring fees related to the Paid Membership and any taxes on an ongoing basis, as set forth herein. You may be able to stop payment of any scheduled recurring payment by notifying the issuer of your Payment Method or Your financial institution. However, TNL may continue to charge You for that payment and for other recurring payments until you cancel Your Paid Membership in accordance with Section 14.9 below. You can update Your Payment Methods from within Your TRAVEL + LEISURE GO account at https://go.travelandleisure.com/v6 in the “Account Summary” section. You may also contact us at 877-934-1656 for assistance.
Please note that TNL is not responsible for any fees or charges applied by Your financial institution or Payment Method issuer related to processing of Your Paid Membership fees.
UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR PAID MEMBERSHIP (IN ACCORDANCE WITH SECTION 14.9 BELOW), YOU UNDERSTAND THAT YOUR PAID MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE TNL TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR PAID MEMBERSHIP FEE AND ANY TAXES FOR THE APPLICABLE RENEWAL TERM.
UPON RENEWAL OF YOUR PAID SUBSCRIPTION, IF TNL DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A PAID SUBSCRIPTION FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR PAID SUBSCRIPTION IN ACCORDANCE WITH SECTION 14.9 BELOW, WE MAY IMMEDIATELY CANCEL OR SUSPEND YOUR PAID SUBSCRIPTION UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD.
5. If Member fails to pay the monthly Paid Membership fees or other fees or charges in connection with Paid Membership on or before the respective payment due date thereof, Member will be ineligible to receive any benefits of Paid Membership, and Your TRAVEL + LEISURE GO Membership will terminate with immediate effect.
6. In the event Member allows the Paid Membership to lapse due to non-payment, the Paid Membership may be reinstated at the sole discretion of TRAVEL + LEISURE GO. Reinstatement fees may apply.
7. PROMOTIONS – If We offer promotions (for example, temporary discounted pricing), the specific terms of the promotion will be disclosed during enrollment or in other materials provided to You. We will begin billing Your Payment Methods for Your Paid Membership at the then-current, non-promotional price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed.
8. All fees and promotional offers are subject to change at any time without prior notice (unless required by applicable law), in the sole discretion of TRAVEL + LEISURE GO.
9. CANCELLATION - Member may cancel the Paid Membership as follows:
Paid Memberships can be cancelled at any time by:
• Logging into Your TRAVEL + LEISURE GO account at https://go.travelandleisure.com/v6 and clicking the “Account Summary” section under “Manage Membership” • Calling toll-free: 877-934-1656 • Sending written notice of cancellation to: memberservices@travelandleisure.com
If cancelling an annual Paid Membership within thirty (30) days of the date of payment of Your initial Paid Membership annual fee, Your Paid Membership will end promptly, after which You
will no longer have access to benefits of the Paid Membership and We will provide You with a full refund of the amount You paid (not including any coupon codes, promo codes or similar discounts applied towards the annual Paid Membership fee) for Your annual fee. If You cancel outside of such initial thirty (30) day period, You will not be eligible to receive any refund or credit and will continue to have access to Paid Membership until the end of Your then-current annual term. Your Paid Membership will not, however, be automatically renewed for any future annual terms.
If cancelling a monthly Paid Membership, You will NOT receive a pro-rated refund or credit for any days remaining in the month in which you cancel. The Paid Membership will be cancelled starting at the beginning of the next monthly billing period after the date notice of cancellation is received. You will continue to have access to Your Paid Membership through the end of your current monthly billing period.
10. Please note that upon termination or cancellation of Your Paid Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend
on the terms and conditions associated with the booking.
11. Cancellation of Bundles or Third-Party Purchases. Please note that to the extent you purchased your Paid Membership as part of a bundle or if you purchased from a third-party, the cancellation policies of your specific sale shall supersede these Terms and Conditions.
15. LIMITATION OF LIABILITY
1. TRAVEL + LEISURE GO SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TRAVEL + LEISURE GO’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF TRAVEL + LEISURE GO, WILL BE LIMITED TO THE FEES PAID BY MEMBER TO TRAVEL + LEISURE GO, FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL TRAVEL + LEISURE GO BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO TRAVEL + LEISURE GO, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF TRAVEL + LEISURE GO.
16. DISCLAIMER OF WARRANTIES
1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES WE PROVIDE, THE OPERATION OF OUR PROGRAM, OUR WEB SITE, 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 WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, BOOKINGS OR RESERVATIONS MADE UNDER AN INCORRECT PRICE. IF SUCH EVENT AFFECTS A TRAVEL BOOKING, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY TRAVEL + LEISURE GO TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.
3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:
1. REGARDING THE ACCEPTANCE OF ANY REQUEST; 2. THAT YOU WILL RECEIVE THE LOWEST POSSIBLE PRICE FOR THE PRODUCTS, SERVICES, OR GOODS WE ADVERTISE OR YOU PURCHASE; 3. REGARDING THE AVAILABILITY OF PRODUCTS, SERVICES, AND GOODS ADVERTISED BY TRAVEL + LEISURE GO; 4. REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES. 5. WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE “ACTIVITIES”). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
17. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
1. MEMBER AND TRAVEL + LEISURE GO 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 TRAVEL + LEISURE GO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR TRAVEL + LEISURE GO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND TRAVEL + LEISURE GO 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, TRAVEL + LEISURE GO, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
2. IF THE CLASS ACTION WAIVER 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.
18. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
1. ARBITRATION PROVISION (“Provision”). Any dispute, controversy or claim (“Claim”), whether preexisting, present or future, arising from or relating arising from 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 parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors, shall, at the election of you or us, be arbitrated on an individual basis before the American Arbitration Association (“AAA”) (www.adr.org, 1-800-778-7879) or Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (www.jamsadr.com, 1-800-352-5267) pursuant to their applicable rules and fee schedules, or before any other provider of arbitration services (“other provider”) to which you and we mutually agree in writing (provided such other provider adheres to the terms of this Provision). Notwithstanding anything in these Terms and Conditions to the contrary, with respect to any disputes involving a sale, booking, processing or payment of any cruise and travel benefits or vacation club memberships services, programs or products that involve the use or utilization of an American Association of Retired Persons discount code (“AARP Booking”), such AARP Booking’s shall be arbitrated exclusively before the AAA using the AAA’s consumer Arbitration rules. A single neutral arbitrator with expertise in the subject matter of the Claim(s) shall be appointed. If the AAA and JAMS (or other provider) cannot serve, a court with jurisdiction will select the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Provision. Any hearing will be held in a location reasonably convenient to both you and us, such as the state and county in which this agreement was signed, unless otherwise agreed by the parties in writing or ordered by the arbitrator. IF A CLAIM IS ARBITRATED, THERE WILL BE NO RIGHT TO HAVE A COURT OR TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
2. “Claim” includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, rescission, cancellation or default; property management; reservations, discounts, points or rewards programs; applications and personal information; marketing or sales solicitations, advertisements, or promotions; disclosures; communications between you and us; collection of delinquent amounts and the manner of collection; use of resort properties; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public personal information about you; documents or agreements identified in or related to any of the foregoing; any prior agreement between you and us; and Claims that arose before the effective date of this agreement. In addition, the term “Claim” includes claims arising out of contracts between the parties that were entered into prior to this agreement. “Claim” also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity.
3. “Claim” does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide. But disputes about the validity or enforceability of the Terms and Conditions as a whole are for the arbitrator to decide; or (ii) any individual action by you or us in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court. The institution and maintenance of any such action shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by us. In any such action commenced by us, you may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from us, including, without limitation, damages.
4. Solely for purposes of this Provision, “we,” “us,” and “our” also mean our parent companies, subsidiaries, affiliates and assigns; our and their employees, officers and directors; and any third parties that you bring a Claim against at the same time that you bring a Claim against us or any of the foregoing. “You” and “your” also mean your heirs, successors and assigns.
5. Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right to (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except you and us individually.
6. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision (the “award”). The arbitrator may award all remedies that would apply in an individual court action, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the administrator’s rules or applicable law. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.
7. This Provision shall survive the breach, cancellation, termination or rescission of this agreement, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the agreement or the AAA or JAMS rules, or the rules of any other provider. If any term or provision of this Provision is held to be unenforceable or invalid, the remaining provisions shall be enforced without regard to such unenforceable or invalid term or provision, except that: (i) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding involving you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, then this Provision (except for this sentence) shall be null and void in its entirety with respect to such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that determination becomes final after all appeals have been exhausted, then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim seeking public injunctive relief until the arbitration award.
8. Right to Reject Arbitration Provision: You may reject this Provision by sending us a written notice which gives your full name and states that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to TRAVEL + LEISURE GO, 6277 Sea Harbor Drive, Orlando, Florida 32821, Attention: Legal Department. A rejection notice must be signed by you and received by us within thirty (30) days after the first date of your Membership. Rejection of arbitration will not affect any other term of this agreement.
19. GOVERNING LAW
1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, the Booking Rules and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a booking confirmation/travel receipt, to seek any remedy against TRAVEL + LEISURE GO, or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and TRAVEL + LEISURE GO prevails, that Member or Member’s guest shall pay all costs incurred by TRAVEL + LEISURE GO defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
20. INDEMNIFICATION
1. You agree to defend, indemnify and hold harmless TNL and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of TNL’s websites, Memberships, or services.
21. SEVERABILITY
1. No waiver of these Terms and Conditions by TNL shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of TNL to assert a right
or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
22. AGE RESTRICTIONS
1. Members are required to be 18 years of age or older. Guests under the age of 18 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
23. GEOGRAPHIC LIMITATIONS
1. Unless otherwise specified, TRAVEL + LEISURE GO and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access TRAVEL +
LEISURE GO from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws.
24. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.
2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is
true and accurate. You verify that You are the current member or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.
3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to
offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. 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.
4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call 877-934-1656. 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.
25. STATE SPECIFIC DISCLOSURES
1. For Kentucky Residents: MEMBERS' RIGHT TO CANCEL KENTUCKY LAW GIVES YOU THREE (3) DAYS TO CANCEL YOUR AGREEMENT WITH US. If you wish to cancel this contract, you may cancel by delivering or mailing
a written notice to the company. Certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to Travel + Leisure GO at 6277 Sea Harbor Drive, Orlando, FL 32821. If you cancel, the club is required to return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made.
2. For Missouri Residents: Assuming you have returned to the travel club all materials delivered to the purchaser at closing, you have the right to rescind this transaction for a period of three business days after the date of this agreement. To exercise the right of rescission, you must deliver to the travel club, either in person or by first class mail postmarked within the three-business-day period, at the address referenced in this contract, a written statement of your desire to rescind this transaction, and all materials of value that were provided and given to you at the time of the purchase of your travel club Membership.
3. For Annual Subscribers Residing in Arizona: You may cancel this transaction within three business days from the date of this agreement. If you cancel, any property traded in, any payments made by you under the contract of sale in excess of twenty-five dollars shall be refunded within fifteen business days following receipt by the seller of your cancellation notice. Any negotiable instrument executed by you will be returned within fifteen business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Travel + Leisure GO at 6277 Sea Harbor Drive, Orlando, FL 32821 not later than midnight of the date which is three business days from the date of this agreement. I hereby cancel this transaction. ____________________ ______________________________ (Date) (Buyer's signature)
Buying Services must be available to You within three (3) days of the date of this agreement.
Arizona law requires certain discount buying services to have a trust account or bond. TNL has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $30,000.00.
4. For Annual Subscribers Residing in California: Buying services shall be available to You within seven (7) days of the date of this agreement.
TNL has established an escrow account (Travel + Leisure GO Escrow) for the refund of membership fees at Truist Bank. Refunds from the escrow account may, in addition to other remedies and sources available to you, be obtained by mailing a written request along with proof of membership to Truist Bank Attn: Escrow Services, 2713 Forest Hills Road, Building 2, Wilson, NC 27893. This refund request shall not affect or limit any other remedy at law available to you.
California law requires certain sellers of travel to have a trust account or bond. TNL has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $20,000.00.
5. For Annual Subscribers Residing in North Carolina: You, the customer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel you must notify the company in writing of your intent to cancel. North Carolina law requires certain discount buying services to have a trust account or bond. TNL has a bond issued Fidelity and Deposit Company of Maryland in the amount of $50,000.00.
6. For Annual Subscribers Residing in Rhode Island: You, the customer, may cancel this contract at any time prior to midnight of the third (3rd) business day after the date of this contract. To cancel you must notify the company in writing of your intent to cancel.
Buying services shall be available to You within three (3) days of the date of this agreement.
7. For Annual Subscribers Residing in New Hampshire: MEMBER’S RIGHT TO CANCEL IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE COMPANY. CERTIFIED MAIL WOULD PROVIDE GREATER PROTECTION THAN FIRST-CLASS MAIL, BUT IS NOT NECESSARY. IF YOU DELIVER THE NOTICE PERSONALLY, YOU ARE ENTITLED TO A RECEIPT. YOUR NOTICE MUST MAKE KNOWN THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT. IF THE NOTICE IS DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT, YOU ARE ENTITLED TO A REFUND OF THE ENTIRE CONSIDERATION PAID FOR THE CONTRACT. OTHER CANCELLATION ENTITLES YOU TO A PRO RATA REFUND FOR THOSEDAYS REMAINING ON THE CONTRACT. THE NOTICE MUST BE DELIVERED OR MAILED TO TRAVEL + LEISURE GO, 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821. IF YOU CANCEL, THE CLUB IS REQUIRED TO RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH YOU GIVE NOTICE OF CANCELLATION, ANY PAYMENTS YOU HAVE MADE.
New Hampshire law requires certain discount buying services to have a trust account or bond. TNL has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $20,000.00.
All savings claims made by TNL are based on price comparisons doing business in the trade area in which the claims are made and with prices at which the services are actually sold.
8. For Annual Subscribers Residing in Wisconsin: CANCELLATION AND REFUNDS.
RIGHT TO CANCEL. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying TRAVEL + LEISURE GO by any writing mailed or delivered to TRAVEL + LEISURE GO, 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821 at the address shown on the contract within the previously described time period. If you do so cancel, any payments made by you will be refunded within 20 days after notice of cancellation is delivered, and any evidence of indebtedness executed by you will be canceled by TRAVEL + LEISURE GO and arrangements will be made to relieve you of any further obligation to pay the same.
Wisconsin law requires certain discount buying services to have a trust account or bond. TNL has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $250,000.00.
In accordance with state law, to the extent these Terms and Conditions represent a future service contract, then solely with respect to Wisconsin residents (i) assignees, purchasers, or other transferees of the rights of the contractor are subject to all claims and defenses of the customer against the contractor arising out of the future service contract, (ii) these Terms and Conditions provide that any purchase order must specify a date and address of delivery for each item purchased and that the customer may cancel an order and demand refund of any payment the customer made for that order if the goods that the customer ordered are not delivered on or before the delivery date specified in the purchase order or not delivered to the address where the customer requested delivery of the goods, unless the future service contract specifies otherwise, and (iii) these Terms and Conditions permit the seller to change the date or address of delivery specified in the purchase order only if the customer consents in writing to the change.
Please click this link to view Wisconsin disclosures which are required to be on a separate page.
