These Sears Travel Subscription (“Subscription”) Terms and Conditions of International Cruise & Excursion Gallery, Inc., also doing business as Sears Travel (“ST’) and Our Vacation Center (“OVC”), set forth a legally binding contract between ST and each person who applies and is accepted as a subscribing member by ST (“You,” “Subscriber,”) including any guests of Subscriber.
ST Subscription: Term, Expiration, Cancellation of Subscription
New Subscribers may cancel this enrollment by providing written notice of such cancellation to: Sears Travel Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 602.308.1953.
IF YOU HAVE ENROLLED IN A PAID SUBSCRIPTION, OTHER THAN THE ST SUBSCRIPTION, PLEASE SEE THOSE TERMS AND CONDITIONS AS IT RELATES TO CANCELLING THE NON-ST SUBSCRIPTION.
ST products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, ST will make reasonable efforts to contact Member, but ST reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, ST will assess a $25 service fee for all returned checks and two or more instances of declined credit cards.
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While ST makes reasonable efforts to ensure that this information is accurate and complete, ST expressly disclaims liability for inaccurate, incomplete, or misleading information provided by third parties.
Subscribers, during the term of their Subscription, have the ability to purchase lowest price guaranteed (“LPG”) cruise vacations, hotel stays, resort vacations and vacation packages. Subscriber may purchase such travel by calling the ST call center at 1-855-791-4981or on-line at www.SearsTravel.com
Use of Vacation Accommodations & Travel Services
1. Fulfillment Services
ST purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. d.b.a. Our Vacation Center ("OVC") and d.b.a. Sears Travel (“ST”) (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 (Hawaiian travel agency trust account named Client Trust Account #1 is held at First Hawaiian Bank); and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
2. No Commercial Purposes
None of the Sears Travel benefits may be used for any commercial purpose, including rental or sale or barter. 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 account without refund.
3. Additional Fees
a. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of ST without prior notice.
b. Call Center Fees. A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into ST to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel, and airline ticket online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of ST. Travel Bucks may not be used as a form of payment for the Call Center Fee.
c. Booking Fees. A booking fee may be charged to air reservations. Please note that government, taxes, airline, and/or airport taxes and fees may still apply. Fees are subject to change at any time.
d. Any Certificates issued to you as part of a Subscription enrollment, may require a redemption fee that will be charged when booking the respective travel. The redemption fee may vary from time to time in the sole discretion of Sears Travel. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
e. In the event that Your credit card is declined at the time that OVC attempts to process any payment contemplated by this Agreement, You hereby authorize OVC to attempt to charge such card for lesser amounts until the charge is accepted. OVC agrees to provide you with pro-rated access to benefits in the event that OVC receives a partial payment as contemplated by this Section. By charging Your credit card for a lesser amount than the amount that is due, OVC does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to OVC.
4. Travel Insurance Disclosure
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 ST 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).
ST, ICE, and OVC are trademarks of their respective owners, which may not be used without their prior written permission from the respective owner. The Sears trademark is registered and used under license from Sears Brands, LLC. Citibank is not responsible for products and services offered by other companies. Sears cards are issued by Citibank, N.A.
5. Governing Law
These Terms and Conditions and the ST Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or Subscriber’s guest, whether vacationing with the Subscriber or traveling by way of a Guest Certificate, to seek any remedy against ST or its associated entities must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA).
6. FORCE MAJEURE
ST DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION FOR, DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY ON ANY CRUISE LINE SHIP OR HOTEL/RESORT ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM CRUISE SHIP, HOTEL/RESORT OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, OIL SPILLS, MECHANICAL BREAKDOWN, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM), OR ACTS OF GOD.
7. LIMITATION OF LIABILITY
ST SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ST’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ST WILL BE LIMITED TO THE FEES PAID BY MEMBER TO ST FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ST BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO ST AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
8. CLASS ACTION WAIVER
(i) SUBSCRIBER AND ST 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 ST 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 ST ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND ST 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, ST, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
9. DISPUTE RESOLUTION POLICY
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, IP may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
10. Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 855-678-8731 or email 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.
11. VACATION CASH
Vacation Cash may be applied towards the purchase of future cruise, hotel, air, or resort bookings made over the phone with Us only. Limitations apply when redeeming Vacation Cash for air travel. Vacation Cash may not be used for car rentals, travel insurance, or merchandise (as available). Vacation Cash may not be combined with any other discounts, promotions, or loyalty currency. Vacation Cash has no cash value and expires if not used within thirty (30) days of its issuance, unless stated otherwise. In the event that you cancel your booking that was made using any amount of Vacation Cash, the Vacation Cash will be the last funds applied against any cancellation penalty,
12. Additional Resort Certificate Terms and Conditions
The following terms and conditions apply to purchases and redemption of resort certificates. In the event of any conflicts between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of certificates redeemed by ST subscribers.
· Seven Night Resort Certificate
This promotion provides Subscribers with one resort certificate redeemable for a seven (7) day resort stay in Mexico for a resort hotel, studio, or one (1) bedroom unit. Unit size upgrades may also be available for a small fee when available. The Certificate must be redeemed and the vacation must be booked by the expiration date located within the "My Certificates" tab, if there is no express expiration date the Certificate, it will automatically expire sixty (60) days after the date it is issued to you. The Certificate will be added directly to the subscribers account and can be redeemed by clicking on the “My Certificates” menu option within the “My Accounts” section. Certificates issued under this promotion are redeemable only for the resort room rate. Accommodations taxes, government fees, and any other local charges are the responsibility of the redeemer at the time of booking. Certain resort bookings may require a non-refundable deposit. Upgrades may be available for an additional charge. We reserve the right to charge additional fees related to the redemption of certificates in our discretion. The selection of check in dates that can be booked by redemption of these certificates are subject to availability and may be limited as detailed in the resort redemption store. Resort accommodations may be booked online or by calling the toll-free number on the Subscriber website.