arrivia Terms and Conditions

These arrivia Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between arrivia, Inc. and each person who browses this site, shops for travel, and/or purchases products and services marketed herein, including the guests of the purchaser (Collectively referred to herein as a “Member,” “Subscriber,” “You,” or “Your”) By purchasing products and services through Arrivia, Purchaser acknowledges and agrees to be bound by these Terms and Conditions and any Travel Provider Terms which are incorporated herein. Additionally, Purchaser agrees that it is Purchaser’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through arrivia of the contents of these Terms and Conditions and all applicable Travel Provider Terms.

1. Fulfillment Services

Purchases, benefits and transactions are administered and fulfilled by arrivia, Inc. and its affiliates d.b.a. Our Vacation Center ("OVC") and d.b.a. Our Vacation Center ("OVC") pursuant to an agreement with Marriott Resorts, Travel Company, Inc., d.b.a. MVC Exchange Company, and Marriott Ownership Resorts, Inc. d.b.a. Marriott Vacation Club International (Collectively, “MVCI”). arrivia is located at 15147 N. Scottsdale Rd., H-210, Scottsdale, AZ 85254. arrivia is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192, Iowa #1324, and California #CST 2066521-50. arrivia is not a participant in the California Travel Consumer 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.

2. Provision of Information

Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party travel providers. While arrivia makes reasonable efforts to ensure that this information is accurate and complete, arrivia expressly disclaims liability for inaccurate, incomplete, or misleading information.

*Not every cruise line, cabin or sailing is offered through this program. Tier ratings are subjectively based on relative value of specific tours in the program, comprised of a combination of factors including cruise line, destination, stateroom type, departure date, etc. Cruise prices are in Vacation Club Points, based on double occupancy per stateroom. Cruise rates/prices are based on availability and subject to change without notice. All rates/prices and dates may not be available at time of booking. Redemption fees (if applicable), booking fees, fuel surcharges, government fees, taxes, and port expenses are additional, and cannot be paid in Vacation Club Points. Vacation Club Point values are subject to change without notice. Other restrictions may apply.

3. Availability

All products and services marketed herein are available for purchase by Destinations™ Exchange Program participants 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 arrivia.

4. Cancellation Policy

Cancellations made with MVCI’s Owner Services department will be subject to the individual cruise line's cancellation policies, and will be disclosed at time of booking. In most (but not all) cases, for cancellations made at least (90) days in advance of the sailing date, or more than 125 days for select cruise lines including Regent Seven Seas and Viking Cruises, Purchaser will receive Purchaser’s Vacation Club Points back into Purchaser’s account without penalty. Alternatively, for trips cancelled within the cancellation penalty period of the cruise line, cancellations are at the discretion of the cruise line, and may result in a credit toward future cruises from the cruise line. However, all applied Vacation Club Points will be forfeited.

5. Limitation of Liability

arrivia shall not be liable for and does 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. ICE’s liability for any claim arising from or as a result of the acts or omissions and/or representations (whether oral or written) of arrivia will be limited to the fees paid by purchaser for the travel purchase. in no event will arrivia 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 ice’s affiliated companies, successors, assigns and agents of arrivia.

6. GOVERNING LAW

These Terms and Conditions and the website shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Purchaser or a Purchaser’s guest, whether using any product or service or traveling with the Purchaser or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against arrivia 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). In the event a Purchaser or Purchaser’s guest initiates an action at law or in equity and arrivia prevails, that Purchaser or Purchaser’s guest shall pay all costs incurred by arrivia in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.

7. CLASS ACTION WAIVER

PURCHASER AND arrivia 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 PURCHASER OR arrivia 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 PURCHASER OR arrivia ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. PURCHASER AND arrivia FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PURCHASER AND ARRIVIA AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. 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.

8. 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 services, programs or products marketed hereunder, 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 Purchaser and arrivia 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. Purchaser hereby consents 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, arrivia 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.

9. Vacation Cash Terms

Vacation Cash may be applied towards the purchase of future cruise, hotel, car, or resort purchases made over the phone with Us only. Limitations apply when redeeming Vacation Cash for air travel. Vacation Cash may not be used for travel insurance, shipping charges, taxes, or fees. Additional 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.

TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED

Call Recording and Monitoring. You acknowledge that telephone calls to or from Us to You may be monitored and recorded and you agree to such monitoring and recording.

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not Your own. If We discover that any information provided in connection with your registration is false or inaccurate, We may suspend or terminate Your account at any time. Should any of your contact information change, including ownership of Your telephone numbers, You agree to immediately notify Us before the change goes into effect by texting STOP to any text message, calling Us at 855-678-8731, or email Us at optout@ourvacationcenter.com.

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Us related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. You acknowledge that automated calls or text messages may be made to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree that We may obtain, and You expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by You or Your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Us, even if You cancel your account or terminate your relationship with Us, except if You opt-out (see below). You understand that You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message You receive, call Us at 855-678-8731, or email optout@ourvacationcenter.com and specify that You want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming Your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which You are subscribed. If You would like to stop messages from multiple shortcodes, text STOP to each shortcode to which You would like to unsubscribe. To opt-out of automated voice calls (not text messages), You must (i) call 855-678-8731 or send with written notice to optout@ourvacationcenter.com revoking Your consent to receiving automated calls; and (ii) in Your notice, You must include your full name, mailing address, account number, and the specific phone number(s) for which You wish to stop automated calls. It is Your sole responsibility to notify Us if You no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls or text messages, We reserve the right to make non-automated calls to You. Fees and Charges. There is no fee to receive automated telephone calls or text messages from Us. However, You may incur a charge for these calls or text messages from Your telephone carrier, which is Your sole responsibility. Check Your telephone plan and contact Your carrier for details. You represent and warrant that You are authorized to incur such charges and acknowledge that We are not responsible for such charges.

Unauthorized Use of Your Telephone Device. You must notify Us immediately of any breach of security or unauthorized use of Your telephone device. Although We will not be liable for losses caused by any unauthorized use of Your telephone device, You may be liable for Our losses due to such unauthorized use.

Your Indemnification of Us. You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to Your voluntary provision of a telephone number that is not owned by You and/or Your failure to notify Us of any changes in Your contact information, including telephone number. You agree to indemnify, defend and hold Us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at Your expense, to defend any such claims.

Release of Claims. In consideration of the services provided by Us, You hereby release Us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.

TRAVEL SANCTIONS AND REGULATIONS

The United States Department of the Treasury through the Office of Foreign Assets Control ("OFAC") has issued comprehensive sanctions against various countries, currently and specifically: Cuba; Crimea Region of Ukraine, Iran, North Korea, and Syria. Additionally, We are prohibited from doing business with anyone who is identified on the OFAC maintained Specially Designated Nationals and Blocked Persons List (“SDN”), and or any other similar lists published by OFAC (collectively, the “Lists”).

These sanctions and Lists limit the ability for Us, Our affiliates and Our travel suppliers, vendors and related companies to conduct business with these countries and their citizens, and any individuals on the Lists.

For this reason, We will be unable to accept Your enrollment or purchases online, on the phone, or via any other source, unless You can satisfy the following conditions:

  • Are a citizen in a non-sanctioned country;
  • Provide proof of residency in a non-sanctioned country AND evidence that you are funding the purchase, including all onboard charges, through a bank associated with a non-sanctioned country; and
  • Are not named on any economic or trade sanction lists including but not limited to the Lists published by OFAC.

In the event we need to verify the above information, You agree to provide the necessary information to us in order to verify that arrivia is not prohibited from providing products and services to you, otherwise we are unable to provide products or services to you.