ARTICLE 1 - Membership
Carefree Destinations membership provides member with the right to a trial use of lodging services for of a specific size accomodation, for a specific number of nights, and at a specific location as described in your Agreement and may include other optional benefits as described in the Agreement (“Carefree Destinations benefits”).
- (a) the Concierge Service Terms and any amendments made at the sole discretion of Carefree Journeys;
- (b) any additional terms, directions or conditions provided to you as part of the Concierge Service;
1.4 If Carefree Journeys does not expressly specify the period of your Concierge Service membership, the period of your Concierge Service membership is deemed to be twelve months. After the initial term and each year thereafter, you may renew your membership by paying the renewal fee of $99.00 (U.S. Dollars). This renewal fee is non-refundable and not subject to change or increase. In case of lapse or non-renewal, Carefree Journeys will be under no obligation to honor any request made under your member number or by you. Any reservation accepted by Carefree Journeys for a date after the expiration date of current membership term will automatically include a membership renewal charge for the applicable year(s). Your membership will be temporarily inactive until payment is received and membership fees are current. Once brought current, your account will be reinstated without penalty. Your membership is cancelled only upon your request or if membership fees are in arrears for more than two years. After the two (2) year period of membership dormancy, a reinstatement fee of $995 will be required in order to reactivate the membership.
1.5 Carefree Journeys reserves the right to refuse membership or renewal to any person at its sole discretion.
ARTICLE 2 - Concierge Service Products and Services
2.1 Carefree Journeys will provide the members of the Concierge Service travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, accommodation and discounts with third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants (“Travel Providers”) as disclosed in the website www.carefreejourneys.com or any other written material published by Carefree Journeys, the website information controlling (“Concierge Service Products and Services”). Carefree Destinations memberships will involve a stay and/or accomodations provided by a hotel or resort (“Resort”) 2.2 You acknowledge that Carefree Journeys is only a conduit for discount Concierge Service Products and Services. You agree that your legal recourse for any of the Concierge Service Products and Services is against the specific provider, not Carefree Journeys. This is not a timeshare or vacation ownership. You are not purchasing any resort or real estate. Carefree Journeys only provides discount vacation services.
2.3 All Concierge Service Products and Services are subject to availability and may be offered on a restricted basis or not at all. Special conditions may apply in relation to Concierge Service Products and Services including when the service provider makes the relevant product, service or other benefit available.
2.4 Any additional expense, fees or charges payable to a provider of Concierge Service Products and Services are your responsibility.
2.5 Carefree Journeys may withdraw, limit, modify, cancel or increase the continued availability of Concierge Service Products and Services. You expressly acknowledge that Carefree Journeys has no obligation to continue to provide any of the Concierge Service Products and Services which were available when you joined the Concierge Service or continue to provide any Concierge Service Products and Services offered to you from time to time during your membership with the Concierge Service.
2.6 Carefree Journeys is not liable for any disruption to the Concierge Service or any delay or inability to provide any Concierge Service Products and Services caused by circumstances beyond its control, including any failure of a third party to provide a Concierge Service Products and Services. All benefits and services offered are subject to separate terms & conditions. Carefree Journeys is not responsible for acts of omissions or any third parties providing such services or benefits to members.
ARTICLE 3 - Booking Conditions
3.1 Travel restrictions and conditions apply to the Concierge Service Products and Services. These conditions will be notified to you from time to time as you make reservations or bookings for the relevant Concierge Service Products and Services. Please ask us about these conditions.
3.2 Generally, the Concierge Service Products and Services are subject to the following booking terms and conditions:
- (a) the terms and conditions specified by the supplier of the relevant products, such as the resorts, airlines, hotels, wholesalers and tour operators;
- (b) the published point value summary may change without notice. Also, point exchange rates are subject to availability at the time of booking and seasonal point values may apply depending on the travel dates. Resort/Condo accommodations are typically based upon a 7-night, 8-day stay beginning Friday, Saturday or Sunday check-in/out, subject to availability. Point exchange rates begin at approximately 500 points and typically do not exceed 2000 points. The point value varies based on unit size, resort location, and season of the reservation. Holiday (e.g. Christmas, New Year’s) and event (e.g. Bike Week, Mardi Gras) weeks are subject to an additional point value surcharge. Member is not paying for the rental of any particular property; member is only paying a service fee for the services provided by Carefree Journeys. Carefree Journeys earns its service fee per point at the time of Exchange reservation and the member will only be billed the service fee at that time. If no reservation is made, no reservation service fee will be charged.
- (c) the published point values are subject to verification and revision at the time of exchange;
- (d) the exchange may also require special government taxes, levies and government charges in some jurisdiction;
- (e) cancellations of exchanges less than ninety (90) days prior to the scheduled arrival date are non-refundable. All other cancellations are refundable, subject to a minimum $99.00 cancellation fee (Per Unit).
- (f) Concierge Service Products and Services are available to the registered member only and any dependants traveling with the registered member. In order to provide the best services possible to its members and maintain the discounts provided, membership does not entitle members to group Concierge Services beyond a members dependants traveling with the member.
- (g) In order to maintain availability of properties for our actual members, guest reservations are limited to two per membership number per year, subject to availability and require an additional reservation surcharge (as described in Section 3.2b) of $99.00 each.
- (h) Each reservation request will require a $99.00 reservation service fee deposit to be applied as a credit toward the reservation service fee. If member elects not to complete the applicable reservation transaction, then the member’s account will receive a credit toward future reservations. If no reservation is made prior to the annual renewal anniversary, the reservation deposit shall be applied toward the member’s annual renewal and the membership shall be extended accordingly. If a member decides to cancel his or her membership and the deposit has not yet been applied to a reservation transaction or membership renewal, then the deposit will be refunded in full once written membership cancellation notice has been received.
Article 4 -Termination
4.1 You can terminate your Concierge Service membership at any time by giving notice in the manner directed by Carefree Journeys. For further details, contact [email protected]
4.3 Carefree Journeys may terminate the Concierge Service at any time by giving you 5 business days notice.
4.4 Transfer Policy. If a Member desires to transfer the balance of his/her membership term to another party without terminating membership, he/she may do so provided the following conditions are satisfied: the term of the membership has not expired; a transfer certificate is obtained from Carefree Journeys and completed by the initiating member and must include the account #, the name and address and phone number of the receiving party to whom the Membership is to be transferred; a transfer review fee of $599 is paid to Carefree Journeys, LLC for 3rd party transfers unless waived by Carefree Journeys, LLC in writing (this fee is waived for all transfers to immediate family members); Carefree Journeys accepts and agrees to the transfer (Carefree Journeys has complete discretion in accepting or rejecting a transfer for any reason and may require any mark-up to be paid to Carefree Journeys LLC); the transferee agrees to be subject to the terms and conditions of the Membership Agreement; and the transferee must register online or via telephone in order to use the benefits. Carefree Journeys reserves the right to unilaterally modify these terms.
Article 6 - Privacy
6.1 Carefree Journeys may seek to access, collect, use or disclose your personal information for:
- (a) administering the Concierge Service and the provision or performance of service relating to the Concierge Service; and
- (b) planning, research, and the promotion and marketing (whether targeted, direct or indirect) of goods, services or products of Carefree Journeys or any organization associated with the Concierge Service, and you specifically authorize Carefree Journeys and any of its agents or contractors to seek access to, collect, use or disclose that information between themselves, for those purposes.
Article 7 - Warranties
7.1 Your use of the Concierge Service is at your own risk. Subject to this clause 7.1, Carefree Journeys makes no warranties or representations with respect to type, quality, standard, fitness or suitability for any purpose of Concierge Service Products and Services. Carefree Journeys specifically disclaims any liability or responsibility for any errors or omissions in the Concierge Service whether Carefree Journeys is aware of such errors or omissions or not. Please note that state legislation may confer rights and remedies on you in relation to the provision by Carefree Journeys of goods or services which cannot be excluded, restricted or modified (“Non-excludable Rights”). Carefree Journeys does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, Carefree Journeys’ liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Carefree Journeys, to:
- (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again or a refund of the purchase price of your membership, whichever is less; and
- (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired or a refund of the purchase price of your membership, whichever is less.
7.2 If you are not completely satisfied, you may cancel your Membership within 5 days of purchase or until your first secured reservation (whichever occurs first) for a full price refund. In addition to the 100% money back guarantee, Diamond Members will also get to keep any Gift.
Article 8 - No Liability
8.1 Carefree Journeys does not accept:
- (a) any liability with respect to death, injury or any consequential loss arising from the supply or non-supply of Concierge Service Products and Services;
- (b) any responsibility for inaccurate information provided to you in any communication concerning the Concierge Service or any of the Concierge Service Products and Services, including but not limited to information contained in the text or illustration in advertisements or pictures of any accommodations or geographic location of accommodations; and
- (c) any tax liability that you may have in relation to the Concierge Service or any of the Concierge Service Products and Services.
Article 9 -Assignment and subcontracting
9.1 Carefree Journeys may assign this agreement to any other person without the need to obtain your consent or approval.
9.2 Carefree Journeys may subcontract any part of this agreement to any person, including its related entities or third parties. You agree that Carefree Journeys does not need to notify you of any subcontracting arrangements.
Article 10 - Governing Law and Dispute Resolution
10.2 California: If the purchase or sale of a Membership occurred in California, the following Disclosures apply:
- (a) Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesaler seller of travel, proof of current registration of that wholesaler.
- (b) This Seller of Travel is NOT a participant in the California Travel Consumer Restitution Fund.
- (c) California Law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by Liberty Mutual in the amount of $100,000.
ARTICLE 11 - POINT VALUATION AND ALLOCATION USE YEAR
11.1 All vacation services are assigned points by the “Network Administrator”. The Network Administrator is Carefree Journeys, LLC and its successors or assigns in interest. The assigned value is determined by the Network Administrator in its sole discretion and is based upon factors including but not limited to, supply and demand of vacation time of the Concierge Service Products and Service, unit type, seasonality and historical occupancy percentages, season and availability and type of core amenities at the accommodations. The Network Administrator may revalue the vacation service from time to time, which may lead to an increase or decrease in the assigned point value for that vacation time. A Copy of the current Points Value Summary is attached hereto. The initial allocation of points to a member is determined by the Network Administrator when the Member makes its first deposit into the Network Depository. Network Depository is the collection of inventory from which points exchange requests and other demand needs are confirmed. The number of points which a Member receives annually is the aggregate of points allocated to the Member. Points cannot be accumulated or rolled over from year to year. A member will be allocated its points each year on its anniversary and subsequent year’s allocations shall expire simultaneously.
- 1 The Network Administrator will collect a service charge reflected in the attached Carefree Journeys Points Value Summary prior to confirming each transaction requested by a Member. Service fees are established by the Network Administrator and may change from time to time and among Members. The Network Administrator may, in its sole discretion, offer the Member the opportunity to purchase additional points for use in any particular use year. The purchase rate for points is determined by the Network Administrator and may change from time to time.
- 2 Use of points by a Member may not be for commercial purposes, including through auction, rental or sale.
Carefree Journeys, its logo, design, and carefreejourneys.com are copy written and owned by Carefree Journeys, LLC. The marks may not be used in whole or in part without the prior written consent of Carefree Journeys, and any use without such permission may constitute trademark infringement and unfair competition in violation of international, national, and state/provincial law.
OWNERSHIP OF MATERIAL INCLUDED IN THIS WEBSITE
The information and content included in this website is copyrighted and may not be used, copied, distributed, revised or reproduced in any medium, in whole or in part, without the prior written permission of Carefree Journeys. The images included in this website are either owned by Carefree Journeys or are used with the permission of their respective owners or assigns. This website is owned by Carefree Journeys, which also owns all associated intellectual property rights, including, without limitation, all copyrights, patents, trademarks and trade secrets. The material contained in this website is derived in whole or in part from materials protected by international copyright and other intellectual property laws. Under no circumstances may the information and content included in this website be displayed, reproduced, or published without the express written consent of Carefree Journeys, and all rights not otherwise granted are fully reserved.
YOUR MEMBERSHIP AND PERSONAL INFORMATION
In granting you access to this website as a member of Carefree Journeys, you agree to provide true, accurate, current, and complete information when you communicate using this website. You are responsible for maintaining the confidentiality of your membership number and any password(s) assigned to you or selected by you, and you are further responsible for any and all activities that take place on this website using your membership number and password(s). You agree that Carefree Journeys or any third party providing any product, program, benefit or service (“Providers”) may communicate with you about any matter pertaining to your membership or the purchase of any product, program, benefit or service made available to you through the use of this website by using the email address, the facsimile number, and/or the mailing address you provide. Unless you notify Carefree Journeys in writing through this website of any change in your personal or membership details, Carefree Journeys and/or the Providers will continue to communicate with you using the personal and membership details included in your original Membership Agreement.
MEMBER CONDUCT IN CONJUNCTION WITH THE USE OF THIS WEBSITE
This website may offer Carefree Journeys members access to bulletin boards or other electronic media that allow communication and/or member feedback to Carefree Journeys. In conjunction with, and as a condition to, your use of any such bulletin board or other electronic medium, you agree not to (1) email or otherwise transmit any unlawful, threatening, abusive, defamatory, obscene, pornographic or indecent information or images of any type, including any transmission that would constitute a criminal offence or that could result in a violation of any local, state/provincial, national or international law; (2) impersonate any other person, including but not limited to another Carefree Journeys member, an employee of Carefree Journeys, or an employee of a Provider; (3) harass or stalk another person; (4) collect, store or communicate to any other person any information about any other user of this website; or (5) transmit or exploit any information or benefit, product, or service offered through this website for commercial purposes. You agree to indemnify Carefree Journeys and Providers and hold each of them harmless from any claim or demand made by any third party resulting from your violation of any of the foregoing, including reasonable attorney fees incurred by Carefree Journeys. You further agree that by violating any of the foregoing, Carefree Journeys may also suspend or terminate your access to this website and/or terminate your Carefree Journeys membership.
LINKS TO THIRD PARTY WEBSITES
Carefree Journeys may, in its discretion, provide links from this website to websites owned and operated by Providers or other third parties. In addition, links to this website may be provided from other websites, with or without the knowledge of Carefree Journeys. Carefree Journeys is not responsible for the content of any such website, nor does Carefree Journeys control the content or the operation of any website linked to this website or to which this website may be linked. Carefree Journeys therefore disclaim any liability or responsibility arising from the use of any other website by any Carefree Journeys member or any other user of this website. Any link to another website through this website does not constitute an endorsement the other website, nor does it indicate that Carefree Journeys is responsible for providing or delivering any benefit, product, or service offered through any such third party website.
Carefree Journeys intends that the data and information included in this website is up to date and accurate. However, since a substantial portion of the data and information contained in this website has been obtained from a variety of third party sources, it is made available to Carefree Journeys members and other users of this website on an “as is” and “as available” basis, without any express or implied warranty of any kind. To the fullest extent possible under applicable law, Carefree Journeys expressly disclaim any warranty, express or implied, including, but not limited to, implied warranties of fitness or merchantability for a particular purpose with respect to the content of this website and the information and materials contained in it, or with respect to any product, program, benefit, or service made available through this website. In particular, Carefree Journeys does not warrant that the rates for the various types of travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, transport, accommodation and other third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants as disclosed in the website www.carefreejourneys.com. or any of the brochures published by Carefree Journeys (“Concierge Service Products and Services”) offered to Carefree Journeys members through this website will be available at the time a reservation request is made, and each further advises that price as well as availability is subject to change without prior notice. Carefree Journeys makes any representation regarding the use or the results of use of any information or data obtained from a third party or from a third party website to which this website may be linked. Furthermore, Carefree Journeys does not warrant that the functions associated with the use of this website will be uninterrupted, timely, secure, or error free, or that the website or the servers that make it available are free from viruses or other harmful features. By using this website, you acknowledge and agree that any information or data you access or download is obtained at your own risk and that you will be solely responsible for any damage to your computer system or for the loss of any information or data that may result from your use of this website.
ROLE OF CAREFREE JOURNEYS MEMBERSHIP SERVICES
NOTIFICATION REGARDING TERMS AND CONDITIONS
Carefree Journeys may revise, supplement, or amend any of the terms and conditions set out above, and, further, may revise, supplement, or amend any of the terms and conditions contained in the Carefree Journeys Membership Agreement, by publishing any such revision, supplement, or amendment at this website. Any such revision, supplement, or amendment shall be effective upon publication. Carefree Journeys therefore invites Carefree Journeys members to visit this website on a regular basis to remain apprised of all such revisions, supplements, or amendments.
MODIFICATION OF THIS WEBSITE
Carefree Journeys reserves the right to modify, add, or delete information and content included in this website in its sole discretion, and to modify, add or delete any benefit, product, or service made available to Carefree Journeys members through this website.
GOVERNING LAW AND DISPUTE RESOLUTION
OUR COMMITMENT TO YOUR PRIVACY
With our services, We are proud to be a leader in the field of electronic commerce and a true innovator in the way people travel.
We value your trust in us and will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to your friends and family.
INFORMATION WE COLLECT
We collect personally identifiable information (“Personal Data”) about you that you specifically and voluntarily provide to us while using the Website. Personal Data includes information that can identify you as a specific individual, such as your name, address, phone number, IP address, credit card number or e-mail address.
PROTECTING YOUR PERSONAL DATA
The Personal Data you provide us is saved in a secure environment and is kept in our records to make it easier for you to use our services on return visits. Information collected by us is stored in a single, secure database, accessible only by us. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies. We have created a secure environment for credit card transactions.
HOW WE USE THE INFORMATION WE COLLECT
We use the Personal Data we collect to provide you with the products and services you purchase or offer to purchase from our Website, and to build features that will make the services available on the Website easier to use. This includes faster purchase requests, better customer support and timely notice of our services and special offers. From time to time, we may contact you to request feedback on your experience using the Website, to assist us in improving the Website, or to offer special savings or promotions to you, as a Website user. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving those by replying to the hyperlink provided in these notices. At its sole discretion, we may use your feedback regarding its services in marketing materials and may attribute them to you without revealing your full name or contact information.
SHARING YOUR PERSONAL DATA
Services: Many of the services we provide you require that we share information with buyers/sellers/agents/brokers/etc.—you agree that we may share this information in order to provide the services promised to you to these persons and to affiliated and subsidiaries of us as needed to perform the services.
Agents: Many of the operations we perform require us to hire other companies to help us with these tasks. For example, We hire other companies to help us handle mail and e-mail (including sending and delivering packages, postal mail and e-mail), analyze the data we collect, market our products and services, handle credit card transactions and provide customer service. The companies we employ to help us with these tasks have access to Personal Data to perform their functions, but may not use it for other purposes. Also, we require all agents to whom Personal Data is disclosed to enter into confidentiality agreements to protect your Personal Data.
Advertisements, Marketing Material and Other Offers: Unless you tell us that you do not want to receive these offers, we will occasionally send advertisements; marketing material or other offers on behalf of other businesses that we think might be of interest to you. This material is sent by us or other companies. If you do not want to receive these advertisements, marketing material or other offers, please notify us to unsubscribe.
Future Business Transfers: Our business is constantly changing. As part of that process, we may sell or buy other companies and Personal Data may be transferred as part of these transactions. It is also possible that we, or substantially all of our assets, may be acquired by another company, whether by merger, sale of assets or otherwise, and Personal Data may be transferred as part of such a transaction.
Compliance with Law and Protection: We reserve the right to release Personal Data in order to comply with the law. We may also release Personal Data to enforce or apply the terms and conditions applicable to our products and services, or protect the rights, property or safety of us, our users, or others.
Consent: If none of the categories described above apply, we will notify you to obtain your consent if we believe it is necessary and appropriate to share your Personal Data with someone else. You will have the right to tell us not to share your Personal Data.
OUR POLICY CONCERNING COOKIES
We also use a third-party advertising company to serve ads when you visit our Website. The company may use information (not including your name, address, e-mail address or telephone number) about your visits to our and other Websites, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services of interest to you. In addition, we share Website usage information about visitors to our Websites with this company for the purpose of managing and targeting advertisements and for market research analysis on our Website and other sites. For these purposes, we and our third-party advertising company may note some of the pages you visit on our Website through the use of pixel tags (also called clear gifs).
We also permit other companies that show advertisements on some of our pages to place and access cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies and not ours. Such advertisers do not have access to our cookies.
A SPECIAL NOTE ABOUT CHILDREN
Persons under the age of 18 are not eligible to use any services on our Website and we do not knowingly collect personal information from children under 13. If you know we have collected information about a child under age 13, please notify us immediately. If we learn from any source that we have collected personal information from a child under age 13, we will delete that information as quickly as possible, and you agree that you have no claim to recover that information.
HOW TO CONTACT US
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We do not sell your information and we do not disclose your Personal Information or information about your use of Website (such as the areas you visit or the services you access) to anyone, except in the following situations:
To third parties if you consent to such disclosure or if such disclosure is necessary for you to receive the services you want. For example, if you wish to be contacted via e-mail regarding certain services, we send your e-mail address to these third parties only. We do not give out names, addresses, or phone numbers. If you are reserving a product with a third party through us, we may provide your Personal Information to the third party. We cannot monitor and have no control over the use of your Personal Information by such third parties, whether individuals or companies such as resorts.
To Website employees, contractors, affiliates, and partners who we believe need that access in order to do their jobs, to provide products and services to you, or to offer you related products and services. Many of the services we perform require us to hire others to help us with certain tasks. For example, Website hires companies to help us handle the delivery of information to you, including sending and delivering packages, postal mail and e-mail. We may also work with contractors who help us analyze the data we collect, market our products and services, and improve the Website to serve you better. The companies we employ to assist us with these tasks have access to Personal Information to perform their functions, but are not permitted to use Personal Information for any other purposes. Both Website employees and the third parties with whom we contract are required to sign confidentiality agreements that forbid the use of Personal Information other than for purposes of performing their work for Website.
To outside credit card processing companies and bank check processing companies. These companies do not retain, share, store, or use Personal Information for any purposes other than to support the Website in providing our Services and to support you in purchasing Services. For legal and safety purposes, (a) in response to subpoenas, court orders, or legal process, or if needed to establish or exercise our legal rights or defend against legal claims; (b) if requested to do so by a governmental entity; or (c) if we believe in good faith that such action is necessary to prevent a crime, protect national security, or protect the personal safety of users or the public. We may transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets.