These Pueblo Bonito Premier Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between Lifestyle Collection (“LC”) and each Pueblo Bonito member (“Member,” “Traveler”, “Subscriber,” or “You”) who enrolls into the subscription, and/or purchases products and services through Pueblo Bonito Premier program (“Pueblo Bonito Premier”). 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 Pueblo Bonito Premier (collectively "Provider Terms"). By purchasing products and services through Pueblo Bonito Premier, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the Pueblo Bonito Premier subscription membership (“Membership”), which are incorporated herein, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively “Guests”). Additionally, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through Pueblo Bonito Premier of the contents of these Terms and Conditions and all applicable Provider Terms.
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.
The marketing entity for the Pueblo Bonito Premier program is Pueblo Bonito (“Pueblo Bonito”). All matters related to the Pueblo Bonito Premier marketing process made by Pueblo Bonito, shall be governed by Mexican Law and shall be resolved exclusively and finally by arbitration in Mexico under the Rules of Arbitration of the Arbitration Center of Mexico (CAM). The courts of Guadalajara, Jalisco, Mexico shall have the exclusive jurisdiction in any action to enforce, modify or nullify the decision of the arbitrator and the parties expressly waive their rights to pursue any claim in any way against the marketing entity or any of its affiliates or agents in any other jurisdiction or venue. Neither Pueblo Bonito, nor any affiliate or agent of Pueblo Bonito is responsible for the fulfillment of the Pueblo Bonito Premier program.
Pueblo Bonito Premier purchases, benefits and transactions are administered and fulfilled by Arrivia, Inc. d.b.a. Our Vacation Center ("OVC") and d.b.a. Lifestyle Collection (“LC”), under contract with Pueblo Bonito. Arrivia is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. Arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #1 is established at First Hawaiian Bank) and California #CST 2066521-50. Arrivia is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. Arrivia maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA's products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states that LC 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).
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While LC makes reasonable efforts to ensure that this information is accurate and complete, Pueblo Bonito and LC expressly disclaims liability for inaccurate, incomplete, or misleading information.
These Terms and Conditions are subject to change at the discretion of LC without prior notice. By purchasing products and services through Pueblo Bonito Premier, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of your account without refund.
Member and LC are dealing at arms' length, creating a commercial relationship. LC is not the Member’s agent or Member’s fiduciary. By purchasing products and services through Pueblo Bonito Premier, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and LC. Pueblo Bonito and LC are acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by LC.
All products and services offered through Membership are available for purchase by phone or online at PuebloBonitoPreferredPassport.com for Pueblo Bonito Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through LC. Member participation may be denied if Membership is not in good standing.
Member may initially be awarded Savings Credits (“Savings Credits”) upon Membership enrollment, and subsequently when making qualifying travel purchases through Pueblo Bonito Premier or by qualifying Membership transactions, such as the deposit of Member’s Weeks with LC or the timely payment of the annual Membership fees. Savings Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent Pueblo Bonito Premier purchases. Member must be in good standing with Pueblo Bonito and maintain the Membership in good standing to earn or to redeem Savings Credits.
Earning Savings Credits . Member may be awarded an initial amount of Savings Credits upon Membership enrollment, and additional Savings Credits may be awarded on qualifying travel or Membership transactions. Member may be awarded Savings Credits when purchasing non-packaged air travel, rental car reservations or golf tee times made through Pueblo Bonito Premier by depositing Member’s Week with LC, and/or as an annual Membership anniversary credit after annual Membership fees have been paid. Savings Credit award amount is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. Savings Credits award amount will vary at LC’s sole discretion. Savings Credits awards for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Reservation Confirmation, award for the deposit of Member’s Week with LC will be applied within ten (10) business days from the deposit date and for Pueblo Bonito membership anniversary award will be applied on the anniversary of Member activation date with Pueblo Bonito. The Savings Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of LC, and without prior notice to Member. Other restrictions may apply.
Redeeming Savings Credits . Savings Credits have no actual cash value, but may be redeemed towards partial payment, at time of checkout, to the net amount of a travel or Pueblo Bonito Premier transaction, whether purchased online or offline through Pueblo Bonito Premier. Savings Credits may not be redeemed toward payment of any taxes, fees, and travel insurance, shipping or handling charges. Each Pueblo Bonito Premier product specifies the amount of Savings Credits, if any, that may be redeemed towards partial payment in the description of the product or service. Member may redeem as many Savings Credits as Member has available in Member’s account, up to the amount specified for any particular product or service. Savings Credits may only be redeemed by the primary Member(s) listed on the Membership account, upon verification of the Membership information by a Pueblo Bonito Premier representative. Earnings, redemption options and schedules are available online at PuebloBonitoPreferredPassport.com or by calling Pueblo Bonito Premier concierge. Savings Credits redemptions may not be combined with any other discount or promotion.
Purchase Cancellations . If the purchase of a Pueblo Bonito Premier product or travel is cancelled without penalty, any Savings Credits redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Savings Credits occurs within penalty, Savings Credits may be the last funds applied against penalty. If any portion of Savings Credits remains after penalty, the remaining Savings Credits may be refunded to the Member’s account. If for any reason Savings Credits are applied to a travel booking after booking has been made and a cancellation of the travel booking becomes necessary, Savings Credits may be refunded to the Member’s account only after all applicable travel provider and/or cruise line penalties have been paid by the Member. Upon cancellation or refund of the purchase of a Pueblo Bonito Premier product, Savings Credits awarded may be withdrawn at LC’s sole discretion.
Limitations, Variations, and Inactivity . The usage of Savings Credits for redemption, including minimums and maximums, are subject to change at the discretion of LC, and without prior notice to Member. Membership accounts with Savings Credits balances of less than $10 that have not had any activity for two years may be closed at the sole discretion of LC. Membership may be suspended if Member does not remain in good standing with Pueblo Bonito or with the Pueblo Bonito Premier Membership, and LC may impose a reasonable fee for reinstatement or reactivation. Savings Credits may not be used to pay reinstatement or reactivation fees. LC reserves the right to cancel or withdraw all Savings Credits in a Member’s account if the Member does not remain in good standing with Pueblo Bonito or with the Pueblo Bonito Premier Membership for ninety (90) days or more.
Expiration and Termination . Unredeemed Savings Credits expire upon the termination of the Membership or any renewal thereof. Savings Credits have no cash value and are not transferable.
Customer Service . Please contact Pueblo Bonito Premier concierge if Member believes there are Savings Credits that have not been credited to Member’s account or for any questions related to the available Savings Credits balance.
Vacation Cash may be applied 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, as applicable.
The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product rates/prices are based on availability and subject to change without notice. Additional fees may apply. Special rates/prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All rates/prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in rate/price imposed by the travel provider will be passed on to Member, and Member agrees to the increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
a. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of LC without prior notice.
b. A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into LC 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 LC. Savings Credits may not be used as a form of payment for the Call Center Fee.
c. Depending on the type of Subscription Enrollment the redemption of certificates may be limited until certain monthly Subscription Fee’s have been paid as detailed on the Enrollment under Certificate Redemption Limitations, as applicable.
d. Any Certificates issued to you as part of a Subscription enrollment, or otherwise, may require a redemption fee that will be charged when booking the respective travel. The redemption fee may vary from time to time in the sole discretion of Privileges. See the Certificate for full terms and conditions related to the activation, redemption, and any associated costs that will be the Subscribers responsibility.
All fees and charges are stated and payable in United States Dollars (USD).
Pueblo Bonito Premier products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but LC reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, OVC, as the travel administrator for the Pueblo Bonito Premier program, will assess a $25.00 USD fee per person if any transaction is denied by Members’ financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make different final payment arrangements or if Member experiences technical difficulties with the website or Member is not sure of the status of Member’s reservation or payment, please call Pueblo Bonito Premier concierge.
In the event that Your credit card is declined at the time that OVC attempts to process any payment contemplated by this Agreement, You hereby authorize OVC to attempt to charge such card for lesser amounts until the charge is accepted. OVC agrees to provide you with pro-rated access to benefits in the event that OVC receives a partial payment as contemplated by this Section. By charging Your credit card for a lesser amount than the amount that is due, OVC does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to OVC.
The fees assessed by LC, OVC, and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through Pueblo Bonito Premier. Each travel provider has specific cancellation policies and penalties separate and apart from Pueblo Bonito Premier. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Member must cancel any travel booking, please contact Pueblo Bonito Premier concierge immediately, or in writing at the following address: Pueblo Bonito Premier, 7720 N. Dobson Rd., Scottsdale, AZ 85256, or by fax: 602-308-1953. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by LC. Refunds may take up to eight (8) weeks from the Cancellation Date.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
We are not responsible for and otherwise disclaim any responsibility, liability, or other damages related to third-party suppliers cancellation and refund policies or their issuance of future cruise or travel credits, certificates or other forms currency in exchange for a future right to travel with the third-party supplier. In addition, We may facilitate options to cancel, rebook, or receive such credits to be used in the future with third-party suppliers, however, by doing so We are not making any recommendations or representations as to the financial condition of the third-party suppliers.
In no event shall You hold Us liable for any delay or failure in performance or interruption of service, including but not limited to booking cancelations and website outages, resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, acts of terrorism, strikes, fires, extreme weather conditions, epidemics, pandemics, or other catastrophes, or other events of force majeure which are:
If We claim such an excuse, We will promptly notify You of the occurrence and shall advise You of the extent of the disability and the expected duration of Our inability to perform Our obligations under this Agreement.
a) The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. Lifestyle Collection will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee, as applicable . So long as Subscriber complies with all of the terms of the Subscription Enrollment and Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Subscriber shall be eligible to receive the Subscription Benefits.
b) In return for receiving the Subscription Benefits, Member promises to pay LC (in advance) according to the Subscription Type and associated pricing listed on the Enrollment and/or Receipt. In order to facilitate the Subscription, Member hereby agrees to provide LC with payment information for a valid credit or debit card that Member is authorized to charge at all times during the Term, and Member hereby consents to the automatic and recurring payment of the Monthly and Annual Subscription Fee using such credit or debit card. Member may change the credit or debit card used for payment of Monthly and Annual Subscription Fees by contacting LC. Payment for Subscription Benefits are due in advance, and Member is not eligible to receive any Subscription Benefits or other goods or services contemplated by this agreement unless Member has paid LC for such Subscription Benefits or other goods or services in advance. If Member fails to pay any Monthly or Annual Subscription Fee or other fee or charge contemplated by this agreement on or before the stated due date thereof, Member will be ineligible to receive any associated Subscription Benefits, and LC may terminate this Agreement upon written notice to Member within thirty (30) days of any missed or late payment.
c) In the event Member allows the Subscription to lapse due to non-payment, a reinstatement fee shall be payable to LC before the Subscription is renewed and Member can use any benefits of the Subscription.
d) All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of LC.
e) Member may cancel the Subscription as follows:
i. For Non-Florida Resident Cancellation (10 Day Cancellation):
Members renewing the introductory or premium Membership, or enrolling in a new promotion will have ten (10) days from the enrollment date to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this enrollment up to midnight of the tenth (10th) day from the enrollment date by providing written notice of such cancellation to: LIFESTYLE COLLECTION Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 602.308.1953. Cancellation requests postmarked later than ten (10) days after the enrollment date will result in no refund.
ii. For Florida Resident Cancellation (30 Day Cancellation):
Members renewing the introductory or premium Membership, or enrolling in a new promotion will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Member may also cancel this contract if accommodations or facilities are not available pursuant to a request for use as provided in the contract. In addition to any right to otherwise revoke an offer, Member may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to: LIFESTYLE COLLECTION Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 or fax to: 602.308.1953. Cancellation requests postmarked later than thirty (30) days after the enrollment date will not be honored. After the expiration of the thirty (30) day rescission period, this enrollment is final and the amounts paid under the subscription are not refundable. This contract is for the purchase of a vacation certificate(s)/membership and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes.
iii. After 10 days for non-Florida residents and after 30 days for Florida residents, Member may cancel without a refund due to Member at any time by providing LC written notice of cancellation to LIFESTYLE COLLECTION, 7720 N. Dobson Rd., Scottsdale, AZ 85256.
Arrivia and/or PUEBLO BONITO do not assume any liability or responsibility, without limitation, for ANY damage, expense, inconvenience, loss, injury, death or damage to persons or property on any CRUISE line SHIP or RESORT or on any aircraft/ship in transit to and from THE CRUISE SHIP OR the RESORT, 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.
PUEBLO BONITO, LC AND/OR OVC SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. PUEBLO BONITO, LC, AND/OR OVC’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF PUEBLO BONITO, LC, AND/OR OVC WILL BE LIMITED TO THE FEES PAID BY MEMBER TO PUEBLO BONITO, LC, AND/OR OVC FOR THE TRAVEL PURCHASE. IN NO EVENT WILL PUEBLO BONITO, LC, AND/OR OVC BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO PUEBLO BONITO, LC, AND/OR OVC, AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF PUEBLO BONITO, LC, AND/OR OVC.
These Terms and Conditions, Membership Enrollment Application, Purchaser Acknowledgement and/or any certificates shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Pueblo Bonito, LC, and/or OVC or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). PURCHASER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY . In the event a Member or Member’s guest initiates an action at law or in equity and Pueblo Bonito, LC and/or OVC prevails, that Member or Member’s guest shall pay all costs incurred by Pueblo Bonito, LC. and/or OVC defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
(i) MEMBER AND LC 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 LC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR LC ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND LC 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, LC, 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.
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, We may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 855-678-8731 or email firstname.lastname@example.org . 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.
Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
The following terms and conditions apply to purchases of travel or travel services. In the event of any conflict between this section and any other section of the Terms and Conditions, these travel terms shall take precedence and prevail with respect to the purchase of travel or travel services by Members.
Booking Confirmation/Travel Receipt . Reservations must be confirmed in writing electronically by LC or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify Pueblo Bonito Premier immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
Maximum Occupancy . In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation . Travel providers may require that travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. LC assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider services.
Travel Documents . Booking Confirmations and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify a Pueblo Bonito Premier concierge representative immediately if changes or corrections are required.
Travel Destinations . Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. LC urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov .
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, PUEBLO BONITO, LC, AND/OR OVC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The following Terms and Conditions apply to purchases of golf or golf products and services. In the event of any conflict between this section and any other section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of golf or golf products services by Members.
Cancellation and Modification . Reservations are non-refundable within 24 – 72 hours of the tee time or as determined by the golf course. Cancellations outside of the golf course cancellation period may be made by contacting Pueblo Bonito Premier concierge. Member may receive a confirmation of the cancellation within 24 hours. If the golf course officially closes, contact Pueblo Bonito Premier concierge and an agent can assist Member with rebooking or refunding the Tee Time reservation. Reserved Tee Times may not be moved to another course, date or time. The displayed course, date and time is when the round must be played unless Member gives prior notice and receives confirmation directly from the Pueblo Bonito Premier concierge. If Member fails to show up for a reserved Tee Time, no refund will be honored.
Golf Best Price Guarantee . For Golf Tee Times, Best Price Guarantee applies only to the posted price as displayed on the same golf course's own public facing website and does not include walk-up rates or specials that cannot be verified with the course's website.
The following terms and conditions apply to purchases of ski products and services. 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 to the purchase of ski products and services (excluding Ski Travel Packages, please see below) by Members.
Sales Tax . LC is 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 . Ski products may only be shipped to a valid United States address. Shipping and handling charges are automatically calculated on a per-item basis and after Member provides the "Ship To Address" information. LC cannot ship to a PO or APO address. Ski products ordered may not necessarily ship together. Please allow processing time for all orders. Stock items are shipped standard ground service within 2-3 business days. For items shipped directly from the Manufacturer, please allow 1-8 weeks for delivery. Some items may have longer delivery times such as furniture and seasonal items. For more detail shipping and handling information, please refer to the Estimated Ship Date on the product detail page.
Prices and Expiration . Except where otherwise noted, the displayed product list price on the 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 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. In the event of an erroneously published price, LC reserves the right to cancel the order.
Products. All items are manufactured by independent suppliers. Pueblo Bonito, LC, and subsidiaries 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 the Website and may not match manufacturer's retail model numbers. LC attempts to be as accurate as possible. However, LC does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product received is not as described, Members sole remedy is to return it in unused condition.
Cancellations . Due to our rapid order processing system, LC cannot cancel an order; however, LC provides a 90-day money back guarantee.
Returns. LC selects the finest quality items for Member purchase. However, if Member is dissatisfied with an item purchase, Member must return the item in good condition, within 90 days of purchase. LC will gladly exchange the item, credit the Membership account or issue credit to the Member credit card on file for the items returned. A re-stocking fee may apply and freight charges are non-refundable to returned items. Items purchased as a set may not be returned individually. To help LC maintain quality standards and understand the reason for the return, we ask Members complete the return section on the packing slip, detailing the reason for the return and include Member RMA Number. The RMA number can be obtained by calling Customer Service at 01-800-083-0918 All returns should be shipped via Parcel Post or UPS Ground, include the packing slip and use the label provided. LC will promptly process it upon receipt. If Member misplaced the packing slip, please include a note in the package with the following information: Member Name, address, order number and item ordered. Please allow a reasonable processing time to process the return and credit. In the rare event that items are received damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt, and contact Pueblo Bonito Premier concierge immediately. All damages must be reported within 24 hours of receipt.
Ski Travel Packages . Ski travel packages are covered as vacation packages within the Pueblo Bonito Premier Terms and Conditions above.
The following additional cruise and resort certificate terms and conditions govern the use and redemption of a cruise and resort certificates by the subscribing member and guest(s), if applicable (“Redeemer”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a cruise certificate of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable cruise line and resort terms and conditions and policies and procedures.
Cruise Certificate Redemption : Cruise certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website or calling us at the above number. Cruise certificates are valid for one (1) inside cabin for two (2) Passengers on select cruise itineraries, subject to the exclusion and limitations stated herein. Length of cruise can be found on the front of the cruise certificate or on our website under “My Certificates”. Redemption fees, booking fees, fuel surcharges, government fees, taxes, port expenses, airfare, transportation, travel insurance, and any other charges associated with the cruise are not included. Redeemer is responsible for all charges incurred in excess of the certificate offer, including, onboard incidentals, alcoholic and certain non-alcoholic beverages, gratuities, ground transportation, personal expenses, utility or security deposits, and other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities. We reserve the right to charge additional fees related to the redemption of certificates in our discretion. Airfare, travel insurance, third and fourth guest fares, cabin upgrades, cruise upgrades and extension of length of cruise, when available, may be purchased at the time of the cruise booking for additional fees. Cruise certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Cruise certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. Redeemer must book the cruise, regardless of the travel date, on or before the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Cruise certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed cruise certificates have no value. We are not responsible for lost or stolen cruise certificates. Lost or stolen cruise certificate(s) may be replaced at our sole discretion. If we elect to replace a lost or stolen cruise certificates, processing fees may apply. Photocopies of cruise certificates or other reproductions will not be honored. Cruise certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Cruise certificate is void if resold for cash or other consideration. In the event the cruise booking is used by guests only, and not the Redeemer, additional charges may apply. Cruise lines, itineraries and sail dates offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Cruise certificate(s) may not be combined with any other offer relating to the same accommodations. All cruise line and cruise ship restrictions and rules apply, including arrival and departure times. We are not responsible for notifying travelers of any cruise line and/or cruise ship changes.
Booking Cancellations: In the event cancellation of a booked cruise becomes necessary by Redeemer, call customer service immediately at the number above or submit the cancellation by providing a written notice to: Attention Cancellations: 7720 N. Dobson Rd., Scottsdale, AZ 85256. All booking cancellations must be received by OVC in conformance with our Terms and Conditions and with cruise line terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any cruise line cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a cruise certificate.
Resort Certificate Redemption : Resort certificates may be redeemed by following the instructions on the front of the certificate, or by visiting our website, or calling us at the number above. Resort certificates are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room, studio, one-bedroom, one-three bedroom units at select properties. All resort properties and destinations are subject to availability, seasonality, and room type restrictions. Length of resort stay can be found on the front of the resort certificate or online under “My Certificates”. Resort certificate offer includes only accommodations and specifically excludes redemption fees, taxes, travel costs, travel insurance and other expenses that may be incurred such as personal expenses, security deposits, and other fees and charges levied by the resort/hotel such as all-inclusive fees. Airfare or any ground transportation is not included. Any personal taxes associated with the redemption of the resort stay certificate, is the responsibility of the Redeemer. We reserve the right to charge additional fees related to the redemption of certificates in our discretion. Redeemer is responsible for all acts or omissions of Redeemer and/or Guests and for any damages caused or expenses incurred by Redeemer and/or Guests. Other restrictions may apply. Some resorts may require an all-inclusive fee. Resort certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Resort certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online under “My Certificates”. Redeemer must book the resort or hotel stay prior to the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Resort certificates will not be extended past the expiration date for any reason. Resort certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed resort certificates have no value. We are not responsible for lost or stolen resort certificates. Lost or stolen resort certificate(s) may be replaced at Our sole discretion as it may determine. If we elect to replace a lost or stolen resort certificate, processing fees may apply. Photocopies of resort certificates or other reproductions will not be honored.] Resort certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Resort certificate is void if resold for cash or other consideration. In the event the resort stay is used by Guests only, and not the Redeemer, additional charges may apply. Resort/Hotel properties and destinations offered under certificates are at our sole discretion, are subject to availability and blackout dates may apply. Resort certificate(s) may not be combined with any other offer relating to the same reservation or accommodations, except as specifically stated on future promotions. All resort/hotel restrictions and rules apply. Attendance at a sales presentation is not required.
Booking Cancellations: In the event cancellation of a booked resort/hotel becomes necessary by Redeemer, call us immediately or submit the cancellation by providing a written notice to: Attention Cancellations: 7720 N. Dobson Rd., Scottsdale, AZ 85256. All booking cancellations must be received by OVC in conformance with the Terms and Conditions and with resort/hotel terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any resort/hotel cancellation fees and any additional fees. All fees must be paid at time of cancellation in order to reinstate a resort stay certificate.