Terms and Conditions
CLUB VACAY BY GRAND PACIFIC RESORTS MEMBERSHIP RULES
Welcome to Club Vacay! These Membership Rules set forth the terms for use and enjoyment of Club Vacay by Grand Pacific Resorts. Please read these Membership Rules carefully.
Club Vacay Subscription Terms
Membership enrollment in Club Vacay is a three year subscription term and is subject to these Membership Rules, which may be updated by Sponsor in its sole discretion. A subscription in Club Vacay entitles Members to Club Benefits [NC1] [JF2] [BS3] for annual vacation nights at participating resorts and one cruise certificate. Members are also able to access discounted travel benefits from independent vendors. Club Accommodations Certificate (described below) are available for Members to reserve a Club Unit for a specific number of nights per year. The number of annual room nights available to the Member is determined by the Membership Level purchased. Members will be issued an annual Club Accommodations Certificate identifying the number of nights available per year. A Cruise Certificate (described below) is available for Members to reserve a five night Cruise. The destination and cabin type available to the Member is determined by the Membership Level purchased and subject to availability. Members are also entitled to an annual allotment of points for use in purchasing discounted services and merchandise, including hotel lodging, cruise bookings, merchandise, wine and rental cars[NC4] [JF5] [BS6] . The number of annual points is determined by the Membership level purchased. Club Vacay is not a legal entity. Membership enrollment is not an equity interest. Except as provided in these Membership Rules, no other rights are conveyed. The Sponsor of Club Vacay reserves the right to change these Membership Rules, change, add or remove resort accommodations, travel benefits, and vendors as it determines in its sole discretion. The Membership Fee will not increase during the subscription term of the individual Member. Club Vacay is a program offered by Grand Pacific Resort Services, L.P., a California limited partnership (“Sponsor”) located at 5900 Pasteur Court, Suite 200, Carlsbad, CA 92008. Marketing and sales are conducted by Global Reservations, LLC, a Wyoming limited liability company (“Global Reservations”), 30 N Gould Street, Suite N, Sheridan, WY 82801.
Club Vacay Membership Enrollment Terms
Individuals may enroll in Club Vacay by (1) accepting the Membership Rules, Membership Enrollment Agreement, and Privacy Policy, and (2) payment of Club Vacay Membership Fees. The Membership Fee Schedule is shown on the Club Vacay dashboard in Addendum A and may be updated by Sponsor in its sole discretion. Club Vacay is a thirty-six month term offered at four Membership Levels: 1) Club Vacay Standard; 2) Club Vacay Silver; 3) Club Vacay Gold; and 4) Club Vacay Platinum. Membership Fees are based on the special value of the Club Accommodations, exclusive of the points allowance for the Club Cruise. Membership is open to any resident of the United States of America. Members must be at least 18 years of age or older. Club Benefits may be used by the Member and the Member’s immediate family or residential household members[NC7] [JF8] [BS9] . Membership may only be held in the individual name(s) of the Member. Club Vacay does not accept Membership applications in multiple names of individuals from multiple households, partnerships, or trusts, or in the names of, or on behalf of, business entities. Membership is personal to the enrolled Member. The enrolled Member may transfer, assign or gift the use of the Member’s Club Benefits provided that the payment obligation remains the responsibility of the Member. Membership shall terminate automatically on the death of the individual Member of record. Club Benefits are for personal leisure travel. Commercial use of Member’s Club Benefits is strictly prohibited. Member or their designated guests may not use Club Accommodations, Cruise certificate, or third party travel benefits for commercial purposes or monetary gain or other consideration, including without limitation, rental, auction, barter, resale, raffle or sale. Any commercial use shall be grounds for immediate termination of Club Membership with no refund.
Club Accommodations Certificate Terms
Membership entitles the Member to an annual Club Vacay Certificate for accommodations in a standard one-bedroom unit during various non-peak demand seasons of the year (“Club Unit”) at a participating resort (“Club Accommodations”). Participating resorts are shown on the Club Vacay dashboard in Addendum B and may be updated based on availability. At time of booking and subject to availability, Members may request to reserve a Club Unit for additional nights, at peak demand time of the year or in a larger unit type by paying an additional per night fee. The maximum number of travelers per booking is based on the room occupancy and requires at least one (1) adult on the booking which may be the Member or an adult aged 18 years of age or older, immediate family or residential household member. Resort check-in/check-out times, property rules and policies, services, and amenities (“Resort Rules”) vary by location and resort. Resort Rules apply during the stay. Club Units may vary in size, quality and décor. Sponsor does not make any representation regarding the resort’s compliance with ADA requirements. The total number of people occupying the unit must not exceed the maximum occupancy of the unit-type set forth in the booking confirmation. Exceeding occupancy may result in denial of access or an additional charge may be levied by the resort. Upon arrival at the resort, and subject to availability, the Member may request an upgrade view without an additional fee. The availability of specific features such as room amenity features or view upgrades is not guaranteed and is subject to limits on availability. Members may request downgrade to a smaller studio unit, but downgrade credits will not be issued. In the rare event that a resort becomes uninhabitable due to a natural disaster or other event outside of anyone’s control (such as a pandemic or unexpected labor shortage), Club Vacay will attempt to re-book or provide substitute accommodations. In no event is Sponsor liable for consequential losses, travel costs or other expenses arising from cancellations outside of its control.
Club Vacay Accommodations Travel Dates and Reservation Requests Terms
Members in good standing are permitted to submit reservation requests to Sponsor for Club Accommodations. Reservation Requests. All reservations are made of a first-come, and availability basis. Reservations are booked subject to availability, commencing no earlier than one year prior to the travel date. Sponsor makes no guaranty or assurance of availability of a resort or unit type; provided however, any elimination of a resort or unit type will not result in a “downgrade” as determined by Sponsor in its reasonable discretion. Members are encouraged to make reservations as far in advance as possible (up to a year) particularly if desired booking date falls within specific travel season when availability is at its highest level of demand. Travel Dates. Travel dates are based on availability. There are no black-out travel dates. Members may divide their annual allocation of nightly stays into stays of not less than three (3) nights. Stays of two nights, if available, will require an additional fee. Annual bookings must be completed within the 12-month period(s) starting on the Membership activation date and ending on the first anniversary date, and thereafter on the second anniversary and third anniversary date. Annual travel not completed within the applicable 12-month period expires and does not carry-over to the following 12-month period. Cancellation Policy for Club Accommodations. Cancellation of travel booking must be made more than seven (7) days prior to the travel date to retain travel nights for the portion of the 12-month period remaining for the Membership travel year. Cancellation seven (7) days or less prior to the travel date will result in forfeiture of the travel nights. Members may opt to pay a fee to recover expired and unused travel nights.
Club Vacay Cruise Certificate Terms
Membership entitles the Member to one Club Vacay Certificate, which covers cruise fare only on select cruises with select cruise providers for you and a guest and includes all regular onboard meals and entertainment. Regular onboard meals are those in the ship’s main dining rooms and buffet locations. The cruise certificate does not include taxes, fees and port expenses, gratuities, alcoholic beverages, baggage fees, upgrades, additional guests, travel expenses (airlines, ground transfers), onboard expenditures, or any other expenses not specified as being included. The cruise certificate is non-transferrable and must be redeemed within thirty (30) months of the Membership Enrollment for a cruise sailing date that is within thirty-six (36) months of the Membership Enrollment, or termination of this Membership, whichever is earlier. Any unused certificates are non-refundable. The cruise is subject to the terms and conditions of the cruise line’s passage contract. Member is responsible to confirm all applicable terms of travel and restrictions prior to booking. Cruise guests (if purchaser chooses to add a guest to the booking) must meet all eligibility requirements to sail as described on the cruise line’s website as of the date of departure. Any cruise guest under twenty-five (25) years of age (“Minor Guest”) must be accompanied by a guest who is twenty-one (25) years or older. If the Minor Guest is the child of the Member, then such Minor Guest must be accompanied at all times during the cruise by the Member. All cruise travelers must have all necessary identification and/or cruise documents (including but not limited to a valid passport, visa, if applicable, and all other necessary travel documents, which include any health certifications/proofs of vaccination that are required by the cruise line and/or applicable governments/ports) required for the cruise. As set forth in more detail in the passage contract, the cruise line reserves the right to refuse to embark any traveler, at any time if, in the sole opinion of the cruise line, a traveler is unfit for any reason for the cruise. Neither Sponsor nor Global Reservations shall be responsible for any cancellations, delays, diversions or substitution or any acts or omissions whatsoever by cruise operators or any other persons providing any cruise-related services or accommodations. Purchaser and any guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that travel insurance or any other form of insurance has not and will not be obtained or provided by Sponsor or Global Reservations.
Club Vacay Cruise Reservation Requests and Requirements Terms
Reservation Requests. All reservations are made of a first-come, and availability basis. Reservations are booked directly with the cruise operator, subject to availability. Confirmation of booking is provided directly by the cruise operator. Cancellation or modifications of cruise booking are subject to the policies (and applicable fees) of the cruise operator.
Club Vacay Payment Terms
Membership Fees are payable in United States Dollars (USD). Payment for Membership Fees are considered acceptance of these Membership Rules. Club Membership Enrollment. Membership for a subscription term of thirty-six months commencing on the date of Membership Enrollment. All payments are non-refundable. Third-party financing is available at time of purchase and is subject to the terms, conditions, and obligations between the Member and the finance company. Electronic Payment Transactions. Credit cards are accepted provided the Member is an authorized user of the card. By utilizing a credit card for payment of Membership Fees, or any additional fee due, the Member authorizes Sponsor to charge the credit card (or any other payment device or method accepted by Club Vacay) by the payment processor or its vendor (“Payment Processor”). If there is any change to the Member’s credit card account number, expiration date, or other information of any credit or debit card account associated with the Membership, please contact Club Vacay to update the payment of record as soon as possible. Lodging Tax. Membership Fees do not include any applicable local lodging, occupancy, transient or other taxes due at the resort at the time of the stay. See Resort Folio Charges (Section 8). Cruise Travel. Membership Fees do not include any applicable taxes, fees, port expenses, government fees, gratuities/service charges or fuel surcharges. Additional fees may also apply.
Club Vacay Resort Folio Charges and Taxes Terms
Members are solely responsible for payment of any applicable personal expenses, telephone or wireless/wi-fi charges, and other charges properly levied by a resort or third party for the use of amenities and facilities (“Folio Charges”). Members are solely responsible for bed tax, sales tax, transient occupancy tax and all other taxes imposed by and payable to the resort in connection with the use and occupancy of the Club Accommodations. Club Vacay will publish any disclosures provided by the individual resorts and encourages any Members with questions to contact the resort in advance of their stay.
Club Vacay Third Party Market Savings Points Terms
Membership entitles the Member to an annual allotment of points for use in an online market for discounted purchase of travel services, merchandise, and wine. All points in an annual allotment of points expire after twelve (12) months. Any unused points also expire upon the expiration, termination or rescission of the Membership. The points have a zero cash value, may not be exchanged, and are not eligible for a refund. The points may not be redeemed toward payment of taxes, fees, and port expenses. Third-party travel services, wine, and merchandise independently operated, owned, managed and/or marketed by independent providers and are not agents or representatives of Club Vacay. The online marketplace is hosted, operated, and maintained by Global Reservations. Purchases through the online marketplace are subject to Global Reservations’ terms and conditions and the independent third-party providers’ terms and conditions. Any travel, travel provider, and product and service information on the online marketplace is based on information Global Reservations received from third-party providers. While reasonable efforts are taken to ensure that this information is accurate and complete, Global Reservations expressly disclaims liability for inaccurate, incomplete, or misleading information. In the event of any errors relating to the pricing or specifications of any item, product or service, Global Reservations may refuse or cancel any orders in its sole discretion. If Global Reservations charged your credit card or other account prior to cancellation, it will issue a credit to your account in the amount of the charge. Additional terms may apply. All travel products and services are based on space availability and are subject to change without notice. Products and services are not guaranteed until confirmation is received from the provider or supplier through Global Reservations. All travel prices or rates and dates may not be available at time of booking. 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 or rate 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 the individual transaction. Club Vacay may suspend, alter or terminate any such third-party services and benefits at any time. Club Vacay is not responsible, and assumes no liability, for changes or discontinuances of any third-party service or products offered or available through the Club Benefits. Sponsor does not control any third party product or service provider and is not liable for any damage, loss or related claims. Club Vacay may share personal information about Members with such third-party providers so that such third-party providers may provide member services, products, and benefits to Members, or to Club Vacay and its vendor providers. For more information about Privacy Policy, please select the link on our website [insert web address] or request information by contacting Club Vacay at club@gpresorts.com. Discounted Travel Benefits. Membership Fees do not include payments due to travel, wine, or merchandise partners for the optional purchase of discounted travel benefits, wine, or merchandise offered to Club Members. Cancellation Policies for Third Party Travel Benefits. Third party travel benefits are booked subject to the third party booking terms and cancellation policy applicable to each booking. Members are responsible to ensure their compliance with the booking terms provided with each booking reservation. Club Vacay is not responsible for failure to comply with third party independent resort policies, restrictions, or requirements.
Club Vacay Membership Suspension; Termination Terms
Suspension of Membership. Membership shall remain in good standing provided (i) all payments and applicable fees are timely paid; (ii) Member is in compliance with the Membership Rules; (iii) Membership is not suspended or terminated; (iv) Member is in good standing with Club Vacay; (v) Member has not asserted any unresolved claims with Club Vacay or any of its affiliates or vendors; and (vi) Member is in good standing with resorts, cruise operators, and any third party vendor offering travel benefits to Members. Membership standing and any bookings for Club Accommodations or travel benefits will be suspended for any non-compliance with resort rules or cruise operator rules. For Cause Termination of Membership. Sponsor reserves the right, in its sole discretion, to terminate and cancel, without refund or credit any booking for Club Accommodations, or travel benefits for any account that ceases to be in good standing, whether caused by expiration of the Membership 36-month term or breach of compliance with any requirements under the Membership Rules. If a Member does not agree to modification of the Membership Rules or Privacy Policy, the Member may cancel their Membership at any time. Suspension or early cancellation of Membership results in cancellation of any bookings for Club Accommodations or travel benefits or use of the Member’s Club Benefits. No refunds of Membership Fees are permitted. Each Club Membership automatically terminates at the thirty-six month anniversary of Membership Enrollment.
Club Vacay Rescission of Membership Enrollment Terms
Sponsor will honor rescission or cancellation of enrollment provided that written request of cancellation is made within the time period applicable for the Member’s resident state.
Arizona
Pursuant to Arizona Revised Statutes §44-1797.01, Grand Pacific Resort Services, L.P. maintains a bond in the principal sum of $30,000 with the Arizona State Treasurer's Office.
Notice to Purchaser
1) the terms and conditions contained in these Membership Rules comprise your agreement with Sponsor of Club Vacay and other providers. Do not complete your Membership Enrollment or pay your Membership Fees if you are unable to review all of these terms and conditions in their entirety.
2) you are entitled to a copy of the Membership Rules at the time you complete your Membership Enrollment. Please be sure one is provided to you.
3) Membership Fees are due in full at the time you complete your enrollment and registration. Sponsor does not provide any financing of Membership Fees.
4) you may cancel your Membership any time prior to midnight of the third business day after the date of this transaction, which is the date on which you complete your Membership Enrollment and pay your Membership Fees. Please print and retain the Notice of Cancellation form provided immediately below for an explanation of this right.
AZ Notice of Cancellation
You may cancel your Club Vacay Membership within three business days from the date on which you complete your Membership Enrollment and pay your Membership Fees.
If you cancel your Club Vacay Membership using this procedure, any Membership Fees paid by you under in excess of Twenty-Five Dollars (USD) shall be refunded within fifteen business days following receipt by Club Vacay of your cancellation notice. Your Membership Fees are due in full at the time of your Membership Enrollment. Club Vacay does not provide any financing of Membership Fees. Consequently, there are no negotiable instruments or security interests arising out of your Membership Enrollment that need to be returned to you or otherwise released by Club Vacay.
To cancel your Membership, call us at _________ (U.S., Canada) or mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008 or send an email to club@gpresorts.com not later than midnight of the third business day following the date on which you complete your Membership Enrollment stating that you wish to cancel your Club Vacay Membership.
California
Pursuant to California Civil Code §1812.107, Grand Pacific Resort Services, L.P. maintains a bond in the principal sum of $20,000; a copy of a bond is on file with the California Secretary of State.
You, the buyer, may cancel your Club Vacay Membership at any time prior to midnight of the third day after the date on which you complete your Membership Enrollment and pay your Membership Fees. Please print and retain the Notice of Cancellation form provided immediately below for an explanation of this right.
CA Notice of Cancellation
You may cancel your Club Vacay Membership, without any penalty or obligation, within three days of the date on which you complete your Membership Enrollment and pay your Membership Fees. If you cancel your Club Vacay Membership using this procedure, any Membership Fees paid by you shall be refunded within ten days following receipt by Club Vacay of your Cancellation Notice. Your Membership Fees are due in full at the time of your Membership Enrollment. Club Vacay does not provide any financing of Membership Fees. Consequently, there are no negotiable instruments or security interests arising out of your Membership Enrollment that need to be returned to you or otherwise released by Club Vacay.
To cancel your Club Vacay Membership, you may call us at _________ (U.S., Canada) or mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008 or send an email to club@gpresorts.com not later than midnight of the third business day following the date on which you complete your Membership Enrollment stating that you wish to cancel your Club Vacay Membership.
Florida
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may do so by delivering or mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). The notice shall state that you do not wish to continue your Club Vacay Membership. To exercise this right, you must call us at the number above or provide us written notice of your cancellation by midnight of the 30th calendar day from the date on which you complete your Membership Enrollment and pay your Membership Fees (“Florida Cancellation Date”). If you cancel using this procedure, leisure time passport will return, within ten days following receipt by Club Vacay of your cancellation notice, a total refund of membership fees. If you cancel in writing, to prove that you canceled, it is recommended that you mail the notice of cancellation by certified mail, return receipt requested, check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the Notice of Cancellation, which you mail. Your request to cancel your Club Vacay purchase must either be received by us by the Florida Cancellation Date, if delivered personally or by delivery service that authenticates and confirms the date of actual delivery or is postmarked on, or before the Florida Cancellation Date. If you are a legal resident of Florida, any cancellation requests received or postmarked after the Florida Cancellation Date will not be honored, your Club Vacay membership purchase will be final and any amounts you paid will be non-refundable.
Georgia
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may do so by delivering or mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). The notice shall state that you do not wish to continue your Club Vacay Membership and shall be delivered or mailed before 12:00 midnight or the third business day after the date on which you complete your Membership Enrollment and pay your Membership Fees. If you cancel using this procedure, leisure time passport will return, within ten days following receipt by Club Vacay of your cancellation notice, a total refund of membership fees. If you cancel in writing, to prove that you canceled, it is recommended that you mail the notice of cancellation by certified mail, return receipt requested, check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the Notice of Cancellation, which you mail.
Iowa
You, the buyer, may cancel your Club Vacay Membership at any time prior to midnight of the third business day after the date on which you complete your Membership Enrollment and pay your Membership Fees. Please print and retain the Notice of Cancellation form provided immediately below for an explanation of this right.
IA Notice of Cancellation
You may cancel your Club Vacay Membership, without any penalty or obligation, within three business days from the date on which you complete your Membership Enrollment and pay your Membership Fees. If you cancel using this procedure, any payments of your Membership Fees made by you will be returned within ten business days following receipt by the seller of your Notice of Cancellation, currently, the Membership Fees are due in full at the time of execution, and Club Vacay not provide any financing of Membership Fees. Consequently, there are not negotiable instruments or security interests arising out of your Membership. To cancel your Club Vacay Membership, call us at _________ (U.S., Canada), or mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice, or send a telegram, to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008 not later than midnight of the third business day following the date on which you complete your Membership Enrollment and pay your Membership Fees stating that you wish to cancel your Club Vacay Membership.
Kentucky
Pursuant to Kentucky Statute 367.403, Grand Pacific Resort Services, L.P. maintains a bond in the principal sum of $________ with the office of the Attorney General of Kentucky.
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may do so be delivering or maintaining a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). If you wish to cancel in writing, certified mail would provide greater protection than first class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. The Notice must state that you do not wish to continue your Club Vacay Membership. If the notice is delivered or mailed before midnight of the third business day after the date on which you complete your Membership Enrollment and pay your Membership Fees, you are entitled to a refund of the Membership Fees paid for your Club Vacay Membership. If you cancel using this procedure, Club Vacay will return, within ten days from the date on which you give Notice of Cancellation, any payments of Membership Fees.
Minnesota
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may do so by delivering our mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). If you wish to cancel in writing, the notice must state that you do not wish to continue your Club Vacay Membership and shall be delivered or mailed before 12:00 midnight of the third business day after you complete your Membership Enrollment and pay your Membership Fees. If you cancel using this procedure Club Vacay will refund, within ten days from the date on which you give Notice of Cancellation, any payments of Membership Fees.
Missouri
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may do so by delivering or mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. If you deliver the notice personally, you are entitled to a receipt. You may also call us at _________ (U.S., Canada). If you wish to cancel in writing, the notice must state that you do not wish to continue your Club Vacay Membership and shall be delivered or mailed before 12:00 midnight of the third business day after you complete your Membership Enrollment and pay your Membership Fees. If you cancel using this procedure, Club Vacay will refund, within fourteen business days from the date on which you give Notice of Cancellation, any payments of Membership Fees.
New Hampshire
Pursuant to New Hampshire Statute §358-j:8, Grand Pacific Resort Services, L.P. maintains a bond in the principal sum of $________ with the office of the Attorney General of New Hampshire.
Notice to prospective member: do not complete your Membership Enrollment or pay your Membership Fees until you have read and understand all of the Membership Rules. Also, do not complete your registration if the Membership Rules are not accessible and complete.
Member’s Right to Cancel
If you wish to cancel your Club Vacay Membership, you may cancel by delivering or mailing a written notice to Club Vacay, you may do so by delivering or mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). If you wish to cancel in writing, certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to continue your Club Vacay Membership. If the notice is delivered or mailed before midnight of the third business day following the date on which you complete your Membership Enrollment and pay your Membership Fees, you are entitled to a refund of the Membership Fees paid for your Club Vacay Membership. If you cancel using this procedure, Club Vacay is required to return your Membership Fee within ten days from the date on which you give Notice of Cancellation.
North Carolina
You, the customer, may cancel your Club Vacay Membership at any time prior to midnight of the third business day following the date on which you complete your Membership Enrollment and pay your Membership Fees. To cancel you must notify Club Vacay in writing of your intent not to continue your Club Vacay Membership by mailing your cancellation notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada).
Tennessee
If you wish to cancel your Club Vacay Membership, you may do so by delivering or mailing a written notice to Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008. You may also call us at _________ (U.S., Canada). If you cancel in writing, certified mail would provide greater protection than first class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. The notice must make known that you do not wish to continue your Club Vacay Membership. If the notice is delivered or mailed before midnight of the third business day following the date on which you complete your Membership Enrollment and pay your Membership Fees, you are entitled to a refund of the Membership Fees paid for your Club Vacay Membership. If you cancel using this procedure, Club Vacay will refund, within fourteen days from the date on which you give Notice of Cancellation, any payments of Membership Fees.
Virginia
Buyer’s Non Waivable Right to Cancel
You may cancel your Club Vacay Membership, without any penalty or obligation, within seven calendar days following the date on which you completed your Membership Enrollment and pay your Membership Fees unless you have already used services provided in connection with your Club Vacay Membership. If you have already used services provided in connection with your Club Vacay Membership, you may still cancel this transaction within seven calendar days from your enrollment and registration, but you are not entitled to a refund of any payments made for the services utilized.
To cancel your Club Vacay Membership, you may call us at _________ (U.S., Canada), or mail or deliver a signed and dated copy of this cancellation notice or any other written notice or send a telegram to: Club Vacay at 5900 Pasteur Court, Suite 200, [Attention: Legal], Carlsbad, CA 92008.
Washington
If you are a legal resident of the State of Washington, you may cancel this Membership without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to Club Vacay, at the address indicated below. The notice must be postmarked by midnight of the 15th calendar day following the day on which you completed your Membership Enrollment and pay your Membership Fees (the “Washington Cancellation Date”). However, if the 15th calendar day falls on a Sunday or legal holiday, then the right to cancel this Membership expires on the day immediately following that Sunday or legal holiday. TO CANCEL THIS MEMBERSHIP, SEND A COPY OF THIS NOTICE OF CANCELLATION OR OTHER WRITTEN NOTICE OF CANCELLATION TO:
Club Vacay
Attention: Legal
5900 Pasteur Court, Suite 200
Carlsbad, CA 92008
and the words: I HEREBY CANCEL THIS MEMBERSHIP. You must sign the cancellation notice, print your name legibly under your signature, include the date and your address.
Other U.S. Residents
If you are not a legal resident of the State of Florida or the State of Washington, you have a seven (7) day right of cancellation of your purchase of a Club Vacay membership. That means if you purchase a membership, you will have seven (7) days from your purchase date to cancel and rescind your purchase and obtain a full refund of any payments you have made to us. To exercise this right, you must call us at _________ (U.S., Canada) or provide us written notice of your cancellation by midnight of the seventh calendar day from the date of your purchase (“General Cancellation Date”) by sending the notice to:
Club Vacay
Attention: Legal
5900 Pasteur Court, Suite 200
Carlsbad, CA 92008
Your request to cancel your Club Vacay membership purchase must be received by us by the General Cancellation Date, if delivered personally or by delivery service that authenticates and confirms the date of actual delivery or is postmarked on or before the General Cancellation Date. Except for legal residents of the State of Florida and State of Washington as referenced above, if your cancellation request is received or postmarked after the General Cancellation Date it will not be honored, your Club Vacay membership purchase will be final and any amounts you paid will be non-refundable.
Club Vacay General Terms
Member Information. For Membership Enrollment and communication about the Membership, each Member voluntarily provides their contact information which includes full name, physical residential address, mailing address (if different from physical address), email address, and contact telephone number (collectively “Membership Data”). Member authorizes Sponsor and Global Reservations to utilize the Membership Data for all methods of communications (including text messages) from Club Vacay, their service providers and third party providers for Member’s Club Benefits. Member is responsible to notify Club Vacay of any changes or updates for the Membership Data. In addition, Member may opt-in to provide credit card for purchases, names of travel party participants, preferences for booking, and other travel related information. Consent to receive marketing communication is not a condition of Membership and may be unsubscribed at any time. For more information about Privacy Policy, please select the link on our website [insert web address] or request information by contacting Club Vacay at club@gpresorts.com. Club Vacay Member Dashboard. Members will have access to the Club Vacay dashboard by personal user name and password. Members are solely responsible for protecting their login credentials. The Club Vacay dashboard will be used to communicate and deliver documents to the Member. If desired, Member may submit a written request to obtain a paper copy of any document which will be processed and delivered by U.S. Mail to the Member’s address of record. Club Vacay Website. The Club Vacay website (“Site”) may provide information about the Club Benefits, including Club Accommodations and the Participating Resorts. Any information provided is for general guidance and although Sponsor will strive to provide the latest available information and will correct any errors or omissions as management becomes aware of necessary change, Sponsor does not guaranty the accuracy of any general guideline or statement. The content on the Site including updates to the Membership Rules and the Privacy Policy will be subject to change without notice. Electronic Consent and Communication. Member voluntarily agrees (initially and on an ongoing basis) upon selecting “Agree”, “Accept” or other similar “click to accept” option constitutes their electronic consent and binding agreement or acceptance of these Membership Rules, and to receipt of certificates, documents, reservation confirmation, and other documents related to the Member’s Club Benefits. Membership Rules, Membership Fees, Privacy Policy, other terms and conditions will be updated from time to time and posted on the Member dashboard and/or the Club Vacay website. Electronic communications and any records delivered by electronic means will have the same force and effect as if delivered to Member in paper form. Members are responsible to review any updates provided on the Member dashboard and/or the Club Vacay website for communications. Telephonic Communications. Telephone calls to or from Sponsor, Global Reservations, service providers, or third party vendor operators may be monitored and recorded and Member agrees to such monitoring and recording. No Agency. Club Vacay is not the fiduciary or agent for any Member. Members are solely responsible for their own purchases, services or products. Activity Waivers. Resorts, independent cruise operators, and other third party providers may require activity waivers to participate in the service or activity. Sponsor assumes no responsibility and does not make any representation (or omission thereof) of the risks associated with the activity or services. No refunds will be issued if travel is denied or interrupted for any reason. No Liability for Loss. ALL CLUB BENEFITS AND SERVICES ARE PROVIDED “AS-IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OF MERCHANTABILITY OF ANY KIND. SPONSOR OF CLUB VACAY SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSONS OR PROPERTY, loss, claim, OR damage ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE MEMBER’S CLUB BENEFITS OR SERVICES INCLUDING, WITHOUT LIMITATION, CLUB ACCOMMODATIONS, CRUISE TRAVEL, OR MARKET SAVINGS PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OMISSION, DISRUPTION, ACT OF GOD, STRICT LIABILITY OR OTHERWISE. SPONSOR will not be liable for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any travel PROVIDER, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if SPONSOR HAS been advised of the possibility of any such damages. In the event of non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a travel PROVIDER, you agree that your sole recourse shall be toward such travel PROVIDER and not toward SPONSOR. NOTWITHSTANDING THE FOREGOING, IF SPONSOR OR PROVIDERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH MEMBERSHIP, CLUB ACCOMMODATIONS, OR PARTICIPATION IN TRAVEL RELATING TO CRUISE TRAVEL OR MEMBER BENEFITS, THEN THE LIABILITY OF SUCH WILL IN NO EVENT EXCEED IN THE AGGREGATE, THE GREATER OF (A) THE MEMBERSHIP FEES PAID IN CONNECTION WITH THE MEMBERSHIP ENROLLMENT OR (B) ONE HUNDRED DOLLARS ($100 USD). MEMBER ENROLLMENT IN CLUB VACAY SUBSCRIPTION AND PARTICIPATION IN CLUB BENEFITS IS DEEMED ACCEPTANCE OF THIS LIMITATION OF LIABILITY. Arbitration. Any dispute, claim, suit, demand, or controversy arising out of or relating to Club Vacay, the Membership Rules, or any travel accommodations, services or the Member’s Club Benefits, which cannot be resolved on an individual basis, shall be determined exclusively by individual arbitration, except any claims that may be filed in small claims court, if applicable. It is intended that the agreement by the Member to arbitrate be broad and comprehensive. Members expressly agree to waive any right to a jury trial and any right to bring or participate in a class action. The exclusive forum for resolving a dispute shall be arbitration administered by Judicial Arbitration and Mediation Service (“JAMS”), pursuant to applicable rules and procedures. Member and Sponsor will mutually agree on one arbitrator from the list provided by JAMS; provided if the parties cannot agree, then one arbitrator will be selected according to the then prevailing rules of JAMS. Venue shall be exclusively in San Diego County, California. The arbitrator shall follow governing substantive law and issue a written decision on the merits. The arbitration award shall be final and binding on the Parties, and if the arbitrator’s award is equal to or less than $5,000.00, there shall be no right of appeal. Governing Law. The Membership Rules are governed by the laws of the State of California.
Club Vacay Seller of Travel Registration Terms
Global Reservations LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST44475. Washington UBI # 605-291-379, Hawaii #TAR-7517, and California #CST 2155052-50. Registration as a seller of travel does not constitute approval by the State of California.
Club Vacay Privacy Policy Terms
Upon issuance of a Club Membership, Sponsor will maintain information private and confidential at all times and agrees not to pass this information onto any other third party except as disclosed in the Grand Pacific Resorts Privacy Policy. A full copy of the privacy policy is available on the Club Vacay’ website www.clubgrandpacific.com or upon written request.