TRAVEL CREDITS
$0
1. GENERAL
1.1. These rules ("Booking Rules") set forth a legally binding obligation between Panorama Travel Solutions, LLC f/k/a Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) d/b/a [CLUB NAME] (referred to herein as "PTS", "We", "Our", "Us" or "[CLUB NAME]") and you (referred to herein as "Member", "Traveler", "You", or "Your") with respect to your booking, reservation, or other travel or non-travel transaction (each, a "Booking").
In addition to these Booking Rules, your Booking is subject to the [CLUB NAME] Terms and Conditions ("Terms and Conditions") which are available here.
1.2. From time to time, [CLUB NAME] products and services may be fulfilled by either an affiliate of PTS 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 PTS 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 Booking Rules and the 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 [CLUB NAME], including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms"). 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.
1.3. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees to be bound by these Booking Rules, the 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").
1.4. 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 [CLUB NAME] of the contents of these Booking Rules, the Terms and Conditions and all applicable Provider Terms.
1.5. THE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.
1.6. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE BOOKING RULES OR THE TERMS AND CONDITIONS.
2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
2.1. [CLUB NAME] is offered and fulfilled by a licensed Florida entity, Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX), whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, License Number: CQ1059961. California: Exchange CST-204655-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS 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. ST-36515. Washington: Seller of Travel Reg. No. 602560941. 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-023-193-6000-01.
3. PROVISION OF INFORMATION
3.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While [CLUB NAME] makes reasonable efforts to ensure that this information is accurate and complete, [CLUB NAME] expressly disclaims liability for inaccurate, incomplete, or misleading information.
4. MODIFICATIONS OF THE BOOKING RULES
4.1. These Booking Rules are subject to change at any time at the sole discretion of [CLUB NAME] without prior notice to Members (except where required by law). By making a Booking, Member acknowledges and agrees to be bound by any posted revisions to these Booking Rules.
5. NO COMMERCIAL USE AND OTHER NON-PERMITTED USES
5.1. Bookings may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration or for the purposes of establishing residency or permanent or semi-permanent occupancy. 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 the termination of your Booking or the immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
6. AVAILABILITY
6.1. Your Booking is not guaranteed until confirmation is received from the Provider through [CLUB NAME]. Your Booking may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to [CLUB NAME].
7. PRICES AND RATES
7.1. 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 [CLUB NAME] for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
8. TRANSACTION FEES
8.1. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of [CLUB NAME] without prior notice. Additional service fees may also be charged as detailed in these Booking Rules.
9. HOTEL TAXES AND FEES
9.1. To facilitate Your transactions with Us, We will charge Your payment method for "Taxes and Fees". Taxes and Fees includes an estimated total that We will pay to the hotel or Provider for taxes and government fees it owes in connection with Your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and other applicable taxes. The Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as a co-vendor with the Provider with whom we book or reserve our customer's travel arrangements. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount We pay the hotel and the location of the hotel where You will be staying. The actual tax amounts paid by Us to the Provider may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Provider by our customers.
9.2. Depending on the type of booking You make through Us, You may be charged additional fees by Our Providers, including, but not limited to:
9.2.1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;
9.2.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
9.2.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
9.2.4. Fees resulting from a violation of a hotel or travel service’s rules and regulations. You expressly understand and agree that the hotel or other travel service provider may charge You for any violation of its rules and regulations, including but not limited to violations of the smoking and pet policies and any damages to Your room or the hotel caused by You or Your guests.
9.3. Our Providers may require You to put a payment method on file upon check-in to pay these or other charges directly to the Provider upon check-out. Contact the Provider directly to determine what charges apply to Your booking.
9.4. Additionally, Providers may charge destination marketing fees that are collected by the hotel for payment to a local tourist bureau. If You are a citizen of a country You travel to, You may owe additional taxes to the hotel at check-out.
9.5. Contact the Provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to Your booking. It is Your responsibility to determine if any such additional fees, terms, conditions and restrictions apply to Your transaction. As further described in Section 1.2 above, We do not warrant the availability of Activities or other third-party services.
10. CURRENCY
10.1. All fees and charges are payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location. For certain services, the price may have been converted from a different currency for convenience purposes to provide You an estimate of the amount of the purchase in Your local currency. As a result, when You book, the amount charged to Your credit card by the Provider may be slightly different due to currency fluctuations.
11. PAYMENT
11.1. [CLUB NAME] products and services may be purchased with any participating valid credit or debit card.
11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
11.3. 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, [CLUB NAME] will make reasonable efforts to contact Member, but [CLUB NAME] 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 [CLUB NAME] Web Site ("Web Site") or if Member is not sure of the status of Member’s booking or payment, please call [CLUB NAME] customer service at x-xxx-xxx-xxxx.
12. TRAVEL CREDITS
12.1. Member may initially be awarded Travel Credits ("Travel Credits") upon Membership enrollment. Travel Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent [CLUB NAME] purchases. Member must maintain the Membership account in good standing to earn or to redeem Travel Credits.
12.2. Earning Travel Credits. Member may be awarded an initial amount of Travel Credits upon Membership enrollment, and additional Travel Credits may be awarded on qualifying travel or Membership. Travel Credits award amount will vary at [CLUB NAME]’s sole discretion. Travel Credits awarded for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Booking Confirmation. The Travel Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of [CLUB NAME], and without prior notice to Member. Other restrictions may apply.
12.3. Redeeming Travel Credits. Travel 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 [CLUB NAME] transaction, whether purchased online or offline through [CLUB NAME]. Travel Credits may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each [CLUB NAME] product specifies the amount of Travel Credits, if any, that may be redeemed towards partial payment in the description of the product or service. Member may redeem as many Travel Credits as Member has available in Member’s 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.
12.4. Purchase Cancellations. If You cancel your product or travel purchase with Us outside of any period where cancellation fees apply, any Travel Credits redeemed to purchase product or travel may be refunded to the Member’s account, subject to a potential Travel Credits deduction for airfare. If cancellation of travel booked using Travel Credits occurs within a period where cancellation fees apply, Travel Credits may be applied against cancellation fees after any cash used in the purchase of that travel booking. If any portion of Travel Credits remains after cancellation fees are paid, the remaining Travel Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Travel Credits awarded may be withdrawn at Our sole discretion.
12.5. Limitations, Variations, and Inactivity. The usage of Travel Credits for redemption, including minimums and maximums, are subject to change at the discretion of [CLUB NAME], and without prior notice to Member. Membership may be suspended if Member does not remain in good standing with [CLUB NAME] or with the Membership, and [CLUB NAME] may impose a reasonable fee for reinstatement or reactivation of Membership. Travel Credits may not be used to pay reinstatement or reactivation fees. [CLUB NAME] reserves the right to cancel or withdraw all Travel Credits in a Member’s account if the Member does not remain in good standing with [CLUB NAME] or with the Membership for ninety (90) calendar days or more.
12.6. Expiration and Termination. Travel Credits are available for booking up to 12 months from your [CLUB NAME] membership enrollment date. If you enrolled in [CLUB NAME] prior to September 8th, 2021 Travel Credits are valid for the length of your [CLUB NAME] membership. If you enrolled in [CLUB NAME] on or after September 8th, 2021 any travel credits must be redeemed within 12 months of your enrollment. Unredeemed Travel Credits that have not otherwise expired as outlined above, expire upon the termination of the Membership, but can be added to a renewed or reinstated membership, if You renew or reinstate no later than 29 days after expiration, or any renewal thereof, and [CLUB NAME] owes no further duty, obligation or liability to You upon such expiration. Travel Credits are not transferable and cannot be redeemed for cash.
12.7. Customer Service. Please contact [CLUB NAME] customer service at x-xxx-xxx-xxxx if Member believes there are Travel Credits that have not been credited to Member’s account or for any questions related to the available Travel Credits balance.
13. BOOKING CANCELLATION/CHANGES
13.1. The fees assessed by [CLUB NAME] and the Provider as a result of a cancellation or change are set forth on the Booking Confirmation/Travel Receipt (defined below) and apply to all transactions purchased through [CLUB NAME].
13.2. Each Provider has specific cancellation policies and penalties separate and apart from [CLUB NAME]. Provider policies may treat name changes and departure date changes as cancellations.
13.3. In the event Member must cancel any booking, please do so through our website or contact [CLUB NAME] customer service immediately at x-xxx-xxx-xxxx.
13.4. Cancellations will be effective as of the date of receipt of the request by [CLUB NAME] ("Cancellation Date"). It is Members’ responsibility to ensure cancellation requests are properly received by [CLUB NAME]. Refunds may take up to eight (8) weeks from the Cancellation Date.
13.5. 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 (30) days of receiving the funds from the Provider with whom the services were arranged, or if the funds were not sent to the Provider, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the refund amount to another travel product or date.
14. ADDITIONAL TRAVEL TERMS AND CONDITIONS
Additional terms and conditions may apply to bookings made, purchases of goods and services, and other uses of portions of the Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to PTS on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
14.1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by [CLUB NAME], PTS, or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date in accordance with Section 14.12. 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 [CLUB NAME] 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.
14.2. We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
14.3. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
14.4. You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.
14.5. You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner.
14.6. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider.
14.7. Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.
14.8. A Booking Confirmation/Travel Receipt may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Booking Confirmation/Travel Receipt may only be used by the person whose name(s) appears on the Booking Confirmation/Travel Receipt.
14.9. We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.
14.10. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. PTS's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond Our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.
WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.
14.11. Identification Documentation. Providers may require that travelers have in their possession proper documentation required by the United States or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. [CLUB NAME] 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 services by Provider.
14.12. Travel Documents. Booking Confirmations/Travel Receipt 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 Provider’s prior written consent. When a name change is required additional fees may apply. Notify [CLUB NAME] concierge immediately if changes or corrections are required.
14.13. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. [CLUB NAME] urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or such other government or other authority where Member resides or is traveling to prior to booking travel to both domestic and international destinations.
14.14. 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, and www.treas.gov/ofac.
14.15. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, [CLUB NAME] 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.
14.16. Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
14.17. Travel Insurance. It is Your responsibility to decide whether to purchase travel insurance for Your travel, and if making such purchase, to ensure that the insurance coverage You buy is suitable for You and is enough for Your needs. Travel Insurance provided by third parties may be available through Our website; however, We make no representation or warranty regarding the sufficiency or terms of any such travel insurance offered on Our website, and You should conduct Your own research prior to purchasing.
14.18. Airline Terms. If You have purchased airfare, please ensure You read the full terms and conditions of carriage issued by the air carrier, which can be found on the air carrier’s website. You agree to abide by the terms and conditions of purchase imposed by any air carrier with whom You elect to deal, including, but not limited to, payment of all amounts when due and compliance with the air carrier's rules and restrictions regarding availability and use of fares, products, or services. Airline penalties are in addition to the processing penalties charged by Us and are subject to change at any time. To cancel or modify an existing flight, please call contact Us through the contact information provided on the website. Most air carriers consider a name change to be a cancellation. To avoid penalties for name changes, full and complete names, exactly matching government-issued identification, are required at time of booking. Each scheduled airline has unique cancellation and revision penalties on airfares.
14.19. Car Penalties/Terms: Car only reservations may only be cancelled in accordance with the cancellation policy specified in the reservation and/or by the related rental agency. Car only reservations cancelled after any such the designated deadline will forfeit the full amount equal to the full rental amount. No-shows will not receive any refunds for advance deposits or payments made. All taxes will need to be paid at the counter at the car pick-up location. Please refer to the specific cancellation policy on Your car rental reservation for the specific details of Your reservation. Unless otherwise stated in the reservation or the terms and conditions of the rental agency:
15. ADDITIONAL CRUISE TERMS AND CONDITIONS
15.1. Cruise services are provided by a third-party provider, World Travel Holdings, Inc., under contract with [CLUB NAME]. All terms and conditions of World Travel Holdings, Inc. related to the booking of any cruise product shall apply to You. Please refer to such terms and conditions for information and related rules. [CLUB NAME] may change third-party providers at any time, in its sole discretion and without notice to You. In addition to these terms and conditions, You must also comply with all applicable cruise line and hotel/resort terms and conditions and policies and procedures.
