These Destinos Unlimited Terms and Conditions (the "Terms and Conditions") set forth the agreement between Destinos Unlimited, ("Destinos Unlimited" and “We” or “Us”) and each Destinos Unlimited Subscribing Member who purchases products and services through Destinos Unlimited (“Member” “You” “Your” “Traveler” “Purchaser”). 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 the Destinos Unlimited or by any third party administering the program ("Provider Terms"). By purchasing Destinos Unlimited products and services, you acknowledge and agree to be bound by these Terms and Conditions, any Provider Terms and the Terms and Conditions of Your Destinos Unlimited membership, which are incorporated herein and You are deemed to have accepted these Terms and Conditions on the behalf of any traveling companion(s), guests (including minors and those under disability). Additionally, You agree that it is Your sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through Destinos Unlimited of the contents of these Terms and Conditions and all applicable Provider Terms.
MARKETING ENTITY
This service agreement is provided and governed by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Destinos Unlimited (“DU”). Ventas Rivera Maya, S.A., de C.V. (“VRM”) is only the Marketing Entity and no real estate or a timeshare membership has been purchased hereunder. Neither VRM, nor any affiliate or agent of VRM is responsible for fulfillment of the DU Program.
FULFILLMENT SERVICES
Destinos Unlimited purchases, benefits and transactions are administered by International Cruise & Excursion Gallery, Inc. (“ICE”), doing business as Our Vacation Center ("OVC") located at 15501 N Dial Blvd., Scottsdale, AZ 85260. ICE is a registered seller of travel in: Florida #ST-29452, Washington UBI #602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00. Correspondence, including tickets and confirmations, will originate from this entity. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from this entity for both the deposit and any subsequent payments including any booking fees for transactions as identified by the entity during the travel purchase.
PROVISION OF INFORMATION
Travel, travel provider, and product and service information provided to You is based on information received from third party providers. While Destinos Unlimited makes reasonable efforts to ensure that this information is accurate and complete, Destinos Unlimited expressly disclaims liability for inaccurate, incomplete, or misleading information.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These Terms and Conditions are subject to change at the discretion of Destinos Unlimited without prior notice. By purchasing products and services through Destinos Unlimited, you acknowledge and agree to be bound by any posted revisions to these Terms and Conditions.
NO COMMERCIAL USE
Destinos Unlimited purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration.
DESTINOS UNLIMITED’S ROLE
You and Destinos Unlimited are dealing at arms' length and creating a commercial relationship. Destinos Unlimited is not Your agent or Your fiduciary. By purchasing products and services through Destinos Unlimited, You acknowledge and agree that no such agent or fiduciary relationship exists between You and Destinos Unlimited. Destinos Unlimited and OVC 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 Destinos Unlimited.
AVAILABILITY
All products and services offered through Destinos Unlimited (including travel products such as air, car, hotel, attraction tickets, ground transportation, tours, etc.) are available for purchase through Destinos Unlimited by Destinos Unlimited Subscribing Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider directly. Your participation may be denied if Your annual membership dues are not current or if You are not in good standing with Destinos Unlimited.
PRICES AND RATES
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 are based on space availability and subject to change without notice. Additional fees may apply. Special rates may not be applicable with other offers. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All 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 price imposed by the travel provider will be passed on to You, and You agree to such increase, unless otherwise stated in the Terms and Conditions of your individual travel transaction.
TRANSACTION FEES
Transaction Fees are subject to change, from time to time, at the sole discretion of Destinos Unlimited without prior notice.
CURRENCY
All fees and charges are stated and payable in United States Dollars (USD).
PAYMENT
Destinos Unlimited products and services may be purchased with any valid credit card. You may purchase products or services with a debit card that displays a Visa or MasterCard logo. Charges usually occur on the same business day, but they may take up to three (3) business days to be processed. If there are any complications with Your credit card or debit card transaction, Destinos Unlimited will make reasonable efforts to contact You, but Destinos Unlimited reserves the right (without refund or credit) to cancel Your confirmed booking if payment is denied by Your financial institution. You will be responsible for any travel provider penalties assessed due to a payment being rejected by Your financial institution. Additionally, OVC, as the travel administrator for Destinos Unlimited, will assess a $25.00 USD fee per person if any transaction is denied by Your 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 You experience technical difficulties with the website and are not sure of the status of Your reservation or payment, call Destinos Unlimited for assistance.
BOOKING CANCELLATION/CHANGES
The fees assessed by Destinos Unlimited, OVC, and/or travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through Destinos Unlimited. Each travel provider has specific cancellation policies and penalties separate and apart from Destinos Unlimited. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event You must cancel any travel booking, please call Destinos Unlimited customer service immediately or in writing, at the following address: Destinos Unlimited, 15501 N. Dial Boulevard, Scottsdale, Arizona, 85260, or at the following fax number: 602-626-2654. Cancellations will be effective as of the date of receipt of the request. It is your responsibility to ensure cancellation requests are properly received by Destinos Unlimited. Refunds may take up to six (6) to eight (8) weeks from the cancellation date.
MEMBERSHIP RENEWAL CANCELLATION
The current introductory membership renewal fee for Destinos Unlimited is $99 per year. Introductory level members may receive renewal offers up to 30 days prior to their expiration date to lock in a reduced annual renewal fee at the then current rate that may include special offers or incentives to purchase a multi-year premium renewal term. If an introductory membership expires, any bookings previously made but not fully paid may be price-adjusted to reflect current market, rather than the wholesale member price. Members who choose not to continue their introductory membership or who do not purchase a multi-year premium renewal package for Destinos Unlimited will forfeit their access to the Member website and will no longer receive premium Member travel benefits, and they will lose the ability to redeem any unused Cruise or Resort certificates or book travel at preferred Member rates. An introductory or premium membership that has expired may be reinstated at Destinos Unlimited’s sole discretion upon payment of a $200 Reactivation Fee and any outstanding annual dues owed at that time. Introductory or premium memberships may be renewed by calling Destinos Unlimited at 1.1.855.545.5494 or direct at 602.824.5945 for special promotional multi-year renewal rates that offer access to additional benefits and membership incentives.
Members renewing their introductory or premium membership, or purchasing a promotion with multi-year terms, will have ten (10) days from the purchase or renewal date to elect to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this sale up to midnight of the tenth (10th) day from the renewal purchase date by providing written notice of such cancellation to: Destinos Unlimited, Attn: Cancellations at 15501 N. Dial Blvd., Scottsdale, AZ 85260 or fax to: 602.308.1953. Cancellation requests postmarked later than ten (10) days after the purchase date will not be honored.
All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of Destinos Unlimited.
LIMITATION OF LIABILITY
DESTINOS UNLIMITED AND/OR ICE/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. DESTINOS UNLIMITED’S, AND/OR ICE/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 DESTINOS UNLIMITED AND/OR ICE/OVC WILL BE LIMITED TO THE FEES PAID BY YOU TO DESTINOS UNLIMITED AND/OR ICE/OVC FOR THE TRAVEL PURCHASE. IN NO EVENT WILL DESTINOS UNLIMITED AND/OR ICE/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 DESTINOS UNLIMITED AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF DESTINOS UNLIMITED AND/OR ICE/OVC.
GOVERNING LAW
The Enrollment Application, the Purchaser Acknowledgement, these Destinos Unlimited Terms and Conditions, and any Destinos Unlimited Subscription and/or any Certificate 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 vacationing with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Destinos Unlimited, ICE/OVC or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Member or Member’s guest initiates an action at law or in equity and Destinos Unlimited and/or OVC prevails, that Member or Member’s guest shall pay all costs incurred by Destinos Unlimited and/or ICE/OVC in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
As defined in the Enrollment Form and the Purchaser Acknowledgement all matters related to the marketing and sales process of the Destinos Unlimited Program, and all acts or omissions of any kind by VRM or any of their affiliates or agents shall be governed by Mexico Law and shall be resolved exclusively and finally by arbitration in Mexico under the Rules of Arbitration and the Arbitration Center of Mexico (CAM). The courts of Guadalajara, Jalisco, Mexico shall have 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 VRM or any of their affiliates or agents in any other jurisdiction or venue.
AGE RESTRICTIONS
You 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 and/or physical related restrictions. Please note the terms and conditions on the individual product descriptions for more details.
ADDITIONAL TRAVEL TERMS AND CONDITIONS
The following Terms and Conditions apply to purchases of travel or travel services and in the event of any conflicts between this section and any other section these Terms and Conditions, shall take precedence and prevail with respect to the purchase of travel or travel services by Destinos Unlimited Members.
1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by Destinos Unlimited or its designee ("Booking Confirmation/Travel Receipt"). This document will be sent to You within two 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 their complete legal names as they appear on their respective proof of citizenship documents. It is Your 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 Destinos Unlimited 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. Destinos Unlimited will not be held responsible for any fees levied on the Member as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Member.
2. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
3. 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 them and their guests. Destinos Unlimited 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 You fail to bring proper documentation and are refused travel provider service/accommodation.
4. 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 You 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 Destinos Unlimited customer service representative immediately if changes or corrections are required.
5. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Destinos Unlimited urges travelers 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, DESTINOS UNLIMITED 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.
ADDITIONAL CRUISE CERTIFICATE TERMS AND CONDITIONS
The following Terms and Conditions apply to purchases of cruises or cruise certificates redeemed and in the event of any conflicts between this section and any other section these Terms and Conditions, shall take precedence and prevail with respect to the purchase of cruise or cruise certificates redeemed by Destinos Unlimited Members.
1. These Terms and Conditions set forth a legally binding agreement between International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”) and d.b.a. Destinos Unlimited (“DU”), and each person who has the legal right to redeem this Certificate (“Redeemer”, “Traveler”).
2. In addition to these Terms and Conditions, Redeemer must also comply with all applicable cruise line terms and conditions and policies and procedures.
3. The cruise lines, itineraries and sail dates offered under this Certificate are at OVC’s sole discretion, are subject to availability and blackout dates may apply.
4. Each cruise Certificate(s) is redeemable for a cruise vacation of four (4) days or less and includes Cruise Fare for two (2) passengers based on minimum, interior stateroom accommodations.
5. Cruise fare is an all-inclusive rate that covers all mandatory cruise line fees, including accommodations, port charges, most meals, activities and entertainment while onboard the ship. Any items that are optional, provided at an additional cost, or that may be purchased from the cruise line including but not limited to alcoholic and certain non-alcoholic beverages, gratuities, specialty dining or other onboard amenities or activities are not included in the cruise fare amount.
6. Redeemer is responsible for all other fees in excess of the cruise fare amount including but not limited to activation fees (if applicable), customs fees, government fees or surcharges, taxes, any non-discountable amounts payable to OVC, and any other government charges associated with the redemption of this cruise Certificate. All fees are subject to change without notice in OVC’s sole discretion.
7. Redeemer is responsible for all travel and onboard charges incurred in excess of this offer, including but not limited to air/ground transportation, taxes, travel insurance, alcoholic and certain non-alcoholic beverages, gratuities, specialty dining or other onboard amenities or activities personal expenses, utility or security deposits and any other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities.
8. Third and fourth guest fares, cabin upgrades and extension of length of cruise, when available, may be purchased from OVC by the Redeemer at the time the booking is made.
9. Airfare and trip insurance is not included, but may be purchased through OVC for an additional fee. The purchase of trip insurance is strongly recommended.
10. This Certificate is valid for one (1) use only. Lost or stolen Certificates will not be replaced.
11. This Certificate is transferable and may be redeemed by a person other than the original recipient of this Certificate, with written permission from the original recipient. Additional charges by OVC and/or the cruise line may apply.
12. This Certificate may not be combined with any other offer relating to the same accommodations.
13. This Certificate is not redeemable for cash, may not be returned to DU or OVC for cash or exchange and is void if altered, photocopied, or otherwise reproduced.
14. This Certificate expires on either the expiration date printed on the certificate or, if applicable, the expiration date found online at DestinosUnlimited.com. Redeemer must book the cruise, regardless of the travel date, on or before the Certificate expires. If Certificate has an expiration date printed on it and online as well, the online expiration date will govern. Certificates will not be extended past the printed or online expiration date for any reason.
15. To redeem this Certificate, follow the directions on the Certificate. Reservations must be confirmed by OVC (“Booking Confirmation”) to be honored at the cruise ship. It is important that you do not leave for your vacation until you have received your Booking Confirmation from OVC. Only those travelers listed on the Booking Confirmation will be allowed to board the ship.
16. All travelers must have in their possession proper documentation required by either the United States or any foreign port visited. The names of the travelers on the Booking Confirmation must match the documentation, exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required. OVC assumes no responsibility for advising travelers of immigration/visa requirements.
17. Normal cruise line and cruise ship restrictions and rules apply, including arrival and departure times. OVC is not responsible for notifying travelers of any changes to these.
18. Redeemer is required to be 21 years of age or older. Guests under the age of 21 must be accompanied in the same room by a parent, relative or guardian 25 years of age or older. Certain other age and/or physical restrictions may apply.
19. In no event, can the total number of people occupying the cabin exceed the maximum occupancy set forth in the Booking Confirmation.
20. Redeemer and guests must occupy and use any cruise line cabins in a responsible, careful, and secure manner. Redeemer is responsible for any damage, theft or loss caused by Redeemer and/or guests.
21. In the event cancellation of the booked cruise becomes necessary, Redeemer must submit the cancellation in writing and it must be received by OVC in conformance with cruise line terms and conditions and cancellation policies and procedures policies. All cancellations are subject to OVC cancellation fees and any cruise line cancellation fees.
22. Information provided by OVC, or its affiliates and licensors, about any cruise line or sailing is based on information obtained from cruise line management. OVC makes reasonable efforts to ensure the information is accurate and complete. However, OVC expressly disclaims liability for any inaccurate, incomplete, or misleading information.
23. OVC does not assume any liability or responsibility for damage, expense, inconvenience, loss, injury, death or damage to persons or property on any cruise line ship or on any aircraft/ship in transit to and from said cruise line ship, or for any cause whatsoever due to delays, cancellations due to nature, mechanical breakdown, strikes, civil unrest, or acts of God.
24. OVC does not control the cruise line or cruise ship and is not responsible for the cruise line’s or cruise ship’s actions or inactions including, without limitation, performance, lack of availability, of products or services. If you, your family or guests should incur injury, loss or damage through use of this Certificate (whether directly or indirectly), OVC’s liability shall be limited to the fees paid to OVC to acquire or redeem the certificate (if applicable) and in no event shall OVC be liable for consequential, incidental, punitive or indirect damages (including but not limited to lost profits or savings), arising from, relating to, or in connection with the use or the inability to use this Certificate even if OVC has been advised of the possibility or could have foreseen such damages. This limitation applies regardless of the form of action, whether in contract, tort or otherwise.
25. Under no circumstances is OVC responsible for any actual, incidental, or consequential damages associated with the redemption of this Certificate.
26. This offer is void where prohibited by law and is not valid for sponsors, distributors, employees, or family members of the cruise line.
27. Terms and Conditions are subject to change at the discretion of Destinos Unlimited and OVC.
28. All fees and charges are payable in US Dollars.
29. These Terms and Conditions are governed by Arizona law. All complaints must be filed in the court of proper jurisdiction in the County of Maricopa, State of Arizona.
30. International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”), and d.b.a. Destinos Unlimited (“DU”) is the seller, issuer, administrator and redemption fulfiller of this Certificate. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI# 602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. ICE is not a participant in the California Travel Consumer Restitution Fund. California requires certain Sellers of Travel to have a trust account or bond. ICE maintains a Consumer Funds Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.