Membership Terms and Conditions
[CLUB NAME]
Terms and Conditions
1. GENERAL
1.1. Welcome to the [CLUB NAME] web site (the "Web Site") controlled and operated by Panorama Travel Solutions, LLC f/k/a Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) (referred to herein as "PTS", "We", "Our", "Us" or "[CLUB NAME]"). The goal of this Web Site is to provide you (referred to herein as "Member", "Traveler", "You", or "Your") with easy access to Your [CLUB NAME] membership benefits offered by PTS (except where specified, both Standard Memberships (later defined) and Paid Memberships (later defined) may be collectively referred to herein as "Membership").
1.2. These [CLUB NAME] Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between [CLUB NAME] and You.
1.3. From time to time, [CLUB NAME] products and services may be fulfilled by either an affiliate of PTS or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with PTS or its affiliates (collectively referred to herein as "Provider(s)"). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through [CLUB NAME], including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").
1.4. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, "Guests").
1.5. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through [CLUB NAME] of the contents of these Terms and Conditions and all applicable Provider Terms.
1.6. THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.
1.7. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
2. ELIGIBILITY
2.1. [CLUB NAME] is open to U.S. Residents who are [DESCRIPTION OF ELIGIBLE MEMBERS] as well as anyone with an immediate family relationship (i.e., spouse, mother/father, son/daughter or significant other) with any of the foregoing persons who are not otherwise barred from participating by applicable laws or regulations, such as the prohibition of the inclusion of individuals who appear on the U.S. Department of the Treasury’s Office of Foreign Access Control’s Specially Designated Nationals list. [CLUB NAME] reserves the right to verify, or require proof of eligibility in order to obtain a Membership, and any fraudulent or wrongful information provided in order to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. [CLUB NAME] reserves the right to alter these eligibility requirements at any time.
2.2. Members are responsible for reading and understanding these Terms and Conditions, the Booking Rules, as well as the [CLUB NAME] Privacy Notice, and any other communications from PTS about the [CLUB NAME] program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any [CLUB NAME] services, a Member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that [CLUB NAME] does not control the privacy practices of these Providers. If a Member has any questions about the [CLUB NAME] program or these Terms and Conditions, the Member should contact [CLUB NAME] Customer Service at x-xxx-xxx-xxxx. If a Member has any questions about the [CLUB NAME] Privacy Notice or its collection, use, or disclosure of a Member’s data, the Member should consult the Privacy Notice.
2.3. By accepting any [CLUB NAME] services, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify [CLUB NAME] if they are not eligible to receive any services at any time.
3. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
3.1. [CLUB NAME] is offered and fulfilled by PTS (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.
4. PROVISION OF INFORMATION
4.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While [CLUB NAME] makes reasonable efforts to ensure that this information is accurate and complete, [CLUB NAME] expressly disclaims liability for inaccurate, incomplete, or misleading information.
5. MODIFICATIONS OF THE TERMS AND CONDITIONS
5.1. These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of [CLUB NAME] without prior notice to Members (except where required by law). By enrolling into the [CLUB NAME], Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
5.2. [CLUB NAME] may from time to time change prices, including recurring Paid Membership fees and any other fees applicable to Your Membership. [CLUB NAME] will inform You of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, You accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, You may always reject the price change by canceling Your Membership as set forth herein (See Sections 12 and 13 below).
6. NO COMMERCIAL USE
6.1. Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
7. [CLUB NAME]’S ROLE
7.1. Member and [CLUB NAME] are dealing at arms’ length, creating a commercial relationship. [CLUB NAME] is not Member’s agent or Member’s fiduciary. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and [CLUB NAME].
7.2. In connection with products or services not directly supplied and fulfilled by [CLUB NAME], [CLUB NAME] is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.
8. MEMBER SUSPENSION, TERMINATION, AND AVAILABILITY
8.1. All products and services offered through [CLUB NAME] are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through [CLUB NAME]. Member participation may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to [CLUB NAME].
8.2. We may (without refund or credit) suspend or terminate a Membership (without prior notice, or first being required to suspend, or allow for a cure period), cancel a booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with a Membership upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Notice by the Member or his or her guest(s) ii. Failure to pay any fees due and owing respecting [CLUB NAME] or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in [CLUB NAME]’s sole discretion, of any Member benefit, travel credit, or reservation by the Member or his or her guest; iv. Following suspension, if applicable, if the Member fails to cure the reasons for such suspension within such time as determined by [CLUB NAME], however, suspension is not a condition precedent to termination, therefore a Member may be terminated without first being suspended; v. Upon termination of the [CLUB NAME]; vi. Upon any determination by [CLUB NAME], in its sole discretion, that a Member or guest is abusive to any [CLUB NAME], affiliate, inventory provider or ancillary travel products provider personnel; vii. If a Member or guest causes property damage to any resort, inventory, or other travel product; viii. If required to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. for any other reason in the sole discretion of [CLUB NAME].
9. PRICES AND RATES
9.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay [CLUB NAME] for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
10. CURRENCY
10.1. All fees and charges are payable in United States Dollars (USD).
11. PAYMENT
11.1. [CLUB NAME] products and services may be purchased with any participating valid credit or debit card.
11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, [CLUB NAME] will make reasonable efforts to contact Member, but [CLUB NAME] reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call [CLUB NAME] customer service at x-xxx-xxx-xxxx.
12. STANDARD MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION
12.1. STANDARD MEMBERSHIP – Payment of enrollment fees will not be required for a standard membership in [CLUB NAME] ("Standard Membership").
12.2. Standard Memberships can be cancelled at any time. Member may cancel a Standard Membership by:
- Calling toll-free: x-xxx-xxx-xxxx
- Sending written notice of cancellation to: [email protected] or
- [CLUB NAME]
Attention: Cancellations
9998 N. Michigan Rd.
Carmel, IN 46032
12.3. Please note that upon termination or cancellation of Your Standard Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the terms and conditions associated with the booking.
13. PAID PREMIUM MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION
13.1. PAID MEMBERSHIP
13.1.1. Paid Memberships ("Paid Membership") with a monthly term will automatically renew on a monthly basis on the date You signed up, until You cancel Your Paid Membership in accordance with these Terms and Conditions. You will be charged at the beginning of Your billing cycle and the charge may take several days to appear on Your account. If Your billing date is scheduled for a day that does not occur in every month (for example, the 31st), You will be billed on the last day of the month instead. So long as Member complies with all of the Paid Membership terms, including timely payment of the monthly Paid Membership fees, Member shall be eligible to receive the benefits of Paid Membership.
13.1.2. Paid Memberships with an annual term will automatically renew on an annual basis on the date You signed up, until You cancel Your Paid Membership in accordance with these Terms and Conditions. You will be charged at the beginning of Your billing cycle and the charge may take several days to appear on Your account. So long as Member complies with all of the Paid Membership terms, including timely payment of the annual Paid Membership fees, Member shall be eligible to receive the benefits of Paid Membership.
13.2. The current Paid Membership fee for [CLUB NAME] varies and is dependent on the level of the program under which the Member was initially enrolled. You will find additional details about the Paid Membership You are subscribed to, including monthly charges, applicable fees, next payment due date, payment history and invoices, and account management in Your [CLUB NAME] account in the "Account Summary" section. You may also contact us at x-xxx-xxx-xxxx for assistance.
13.3. By initiating Your first payment, You authorize [CLUB NAME] to charge Your credit card, debit card, or other eligible payment method ("Payment Method") for recurring fees related to the Paid Membership and any taxes on an ongoing basis, as set forth herein. You may be able to stop payment of any scheduled recurring payment by notifying the issuer of your Payment Method or Your financial institution. However, We may continue to charge You for that payment and for other recurring payments until you cancel Your Paid Membership in accordance with these Terms and Conditions. You can update Your Payment Methods from within Your [CLUB NAME] account at [CLUB NAME] account in the "Account Summary" section. You may also contact us at x-xxx-xxx-xxxx for assistance.
13.4. If Member fails to pay the monthly Paid Membership fees or other fees or charges in connection with Paid Membership on or before the respective payment due date thereof, Member will be ineligible to receive any benefits of Paid Membership, and Your [CLUB NAME] Membership will terminate with immediate effect.
13.5. Please note that [CLUB NAME] is not responsible for any fees or charges applied by Your financial institution or Payment Method issuer related to processing of Your Paid Membership fees.
13.6. WITH RESPECT TO AUTOMATIC RENEWALS, UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR PAID MEMBERSHIP, YOU UNDERSTAND THAT YOUR PAID MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE [CLUB NAME] TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR PAID MEMBERSHIP FEE AND ANY TAXES FOR THE APPLICABLE RENEWAL TERM. UPON RENEWAL OF YOUR PAID SUBSCRIPTION, IF [CLUB NAME] DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A PAID SUBSCRIPTION FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR PAID SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS & CONDITIONS, WE MAY IMMEDIATELY CANCEL OR SUSPEND YOUR PAID SUBSCRIPTION UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD.
13.7. In the event Member allows the Paid Membership to lapse due to non-payment, the Paid Membership may be reinstated at the sole discretion of [CLUB NAME], provided that a reinstatement fee shall be payable to [CLUB NAME] before the Paid Membership is reinstated to allow Member to use any benefits of the Paid Membership.
13.8. PROMOTIONS – If We offer promotions (for example, temporary discounted pricing), the specific terms of the promotion will be disclosed during enrollment or in other materials provided to You. We will begin billing Your Payment Methods for Your Paid Membership at the then-current, non-promotional price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed.
13.9. All monthly fees and promotional offers are subject to change at any time without prior notice (unless required by applicable law), in the sole discretion of [CLUB NAME].
13.10. Member may cancel the Paid Membership as follows:
Paid Memberships can be cancelled at any time. If cancelling an annual Paid Membership within thirty (30) days of the date of payment of Your initial Paid Membership annual fee, Your Paid Membership will end promptly, after which You will no longer have access to benefits of the Paid Membership and We will provide You with a full refund of the amount You paid (not including any coupon codes, promo codes or similar discounts applied towards the annual Paid Membership fee) for Your annual fee. If You cancel outside of such initial thirty (30) day period, You will not be eligible to receive any refund or credit and will continue to have access to Paid Membership until the end of Your then-current annual term. Your Paid Membership will not, however, be automatically renewed for any future annual terms.
If cancelling a monthly Paid Membership, You will NOT receive a pro-rated refund or credit for any days remaining in the month in which you cancel. The Paid Membership will be cancelled starting at the beginning of the next monthly billing period after the date notice of cancellation is received. You will continue to have access to Your Paid Membership through the end of your current monthly billing period.
Member may cancel a Paid Membership by:
- Visiting your account and clicking the "Cancel" button
- Calling toll-free: x-xxx-xxx-xxxx"
- Sending written notice of cancellation to: [email protected] or
- [CLUB NAME]
Attention: Cancellations
9998 N. Michigan Rd.
Carmel, IN 46032
13.11. Please note that upon termination or cancellation of Your Paid Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the Booking Rules and the terms and conditions associated with the booking.
13.12. Cancellation of Bundles or Third Party Purchases. Please note that to the extent you purchased your Paid Membership as part of a bundle or if you purchased from a third-party, the cancellation policies of your specific sale shall supersede these Terms and Conditions.
14. LIMITATION OF LIABILITY
14.1. [CLUB NAME] SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS 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 OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. [CLUB NAME]’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF [CLUB NAME], WILL BE LIMITED TO THE FEES PAID BY MEMBER TO [CLUB NAME], FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL [CLUB NAME] BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO [CLUB NAME], ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF [CLUB NAME].
15. DISCLAIMER OF WARRANTIES
15.1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES WE PROVIDE, THE OPERATION OF OUR PROGRAM, OUR WEB SITE, OR THE ACCURACY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS WE PROVIDE YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT OUR PROGRAM OR WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, BOOKINGS OR RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
15.2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY [CLUB NAME] TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.
15.3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:
15.3.1. REGARDING THE ACCEPTANCE OF ANY REQUEST;
15.3.2. THAT YOU WILL RECEIVE THE LOWEST POSSIBLE PRICE FOR THE PRODUCTS, SERVICES, OR GOODS WE ADVERTISE OR YOU PURCHASE;
15.3.3. REGARDING THE AVAILABILITY OF PRODUCTS, SERVICES, AND GOODS ADVERTISED BY [CLUB NAME];
15.3.4. REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES.
15.3.5. WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE "ACTIVITIES"). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
16. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
16.1. MEMBER AND [CLUB NAME] AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR [CLUB NAME] WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR [CLUB NAME] ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND [CLUB NAME] FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, [CLUB NAME], AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
16.2. IF THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
17. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
17.1. ARBITRATION PROVISION ("Provision"). Any dispute, controversy or claim ("Claim"), whether preexisting, present or future, arising from or relating arising from the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors, shall, at the election of you or us, be arbitrated on an individual basis before the American Arbitration Association ("AAA") (www.adr.org, 1-800-778-7879) or Judicial Arbitration and Mediation Services, Inc. ("JAMS") (www.jamsadr.com, 1-800-352-5267) pursuant to their applicable rules and fee schedules, or before any other provider of arbitration services ("other provider") to which you and we mutually agree in writing (provided such other provider adheres to the terms of this Provision). Notwithstanding anything in these Terms and Conditions to the contrary, with respect to any disputes involving a sale, booking, processing or payment of any cruise and travel benefits or vacation club memberships services, programs or products that involve the use or utilization of an American Association of Retired Persons discount code ("AARP Booking"), such AARP Booking’s shall be arbitrated exclusively before the AAA using the AAA’s consumer Arbitration rules. A single neutral arbitrator with expertise in the subject matter of the Claim(s) shall be appointed. If the AAA and JAMS (or other provider) cannot serve, a court with jurisdiction will select the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Provision. Any hearing will be held in a location reasonably convenient to both you and us, such as the state and county in which this agreement was signed, unless otherwise agreed by the parties in writing or ordered by the arbitrator. IF A CLAIM IS ARBITRATED, THERE WILL BE NO RIGHT TO HAVE A COURT OR TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
17.2. "Claim" includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, rescission, cancellation or default; property management; reservations, discounts, points or rewards programs; applications and personal information; marketing or sales solicitations, advertisements, or promotions; disclosures; communications between you and us; collection of delinquent amounts and the manner of collection; use of resort properties; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public personal information about you; documents or agreements identified in or related to any of the foregoing; any prior agreement between you and us; and Claims that arose before the effective date of this agreement. In addition, the term "Claim" includes claims arising out of contracts between the parties that were entered into prior to this agreement. "Claim" also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity.
17.3. "Claim" does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide. But disputes about the validity or enforceability of the Terms and Conditions as a whole are for the arbitrator to decide; or (ii) any individual action by you or us in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court. The institution and maintenance of any such action shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by us. In any such action commenced by us, you may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from us, including, without limitation, damages.
17.4. Solely for purposes of this Provision, "we," "us," and "our" also mean our parent companies, subsidiaries, affiliates and assigns; our and their employees, officers and directors; and any third parties that you bring a Claim against at the same time that you bring a Claim against us or any of the foregoing. "You" and "your" also mean your heirs, successors and assigns.
17.5. Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right to (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except you and us individually.
17.6. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision (the "award"). The arbitrator may award all remedies that would apply in an individual court action, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the administrator’s rules or applicable law. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.
17.7. This Provision shall survive the breach, cancellation, termination or rescission of this agreement, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the agreement or the AAA or JAMS rules, or the rules of any other provider. If any term or provision of this Provision is held to be unenforceable or invalid, the remaining provisions shall be enforced without regard to such unenforceable or invalid term or provision, except that: (i) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding involving you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, then this Provision (except for this sentence) shall be null and void in its entirety with respect to such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that determination becomes final after all appeals have been exhausted, then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim seeking public injunctive relief until the arbitration award.
17.8. Right to Reject Arbitration Provision: You may reject this Provision by sending us a written notice which gives your full name and states that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to [CLUB NAME], 6277 Sea Harbor Drive, Orlando, Florida 32821, Attention: Legal Department. A rejection notice must be signed by you and received by us within thirty (30) days after the first date of your Membership. Rejection of arbitration will not affect any other term of this agreement.
18. GOVERNING LAW
18.1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, the Booking Rules and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against [CLUB NAME], or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and [CLUB NAME] prevails, that Member or Member’s guest shall pay all costs incurred by [CLUB NAME] defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
19. INDEMNIFICATION
19.1. You agree to defend, indemnify and hold harmless PTS and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of PTS’s websites, memberships, or services.
20. SEVERABILITY
20.1. No waiver of these Terms and Conditions by PTS shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of PTS to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
21. AGE RESTRICTIONS
21.1. Members 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 Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
22. GEOGRAPHIC LIMITATIONS
22.1. Unless otherwise specified, [CLUB NAME] and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access [CLUB NAME] from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws.
23. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
23.1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.
23.2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.
23.3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.
23.4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
23.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call x-xxx-xxx-xxxx". Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls, We reserve the right to make non-automated calls to You relating to Your account, any transaction, account collections, or otherwise relating to Your relationship with Us. Your obligations under this Section shall survive termination of these Terms and Conditions.
24. STATE SPECIFIC DISCLOSURES
24.1. For Kentucky Residents:
MEMBERS' RIGHT TO CANCEL
KENTUCKY LAW GIVES YOU THREE (3) DAYS TO CANCEL YOUR AGREEMENT WITH US. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the company. 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 be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to [CLUB NAME], at 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821. If you cancel, the club is required to return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made.
24.2. For Missouri Residents:
Assuming you have returned to the travel club all materials delivered to the purchaser at closing, you have the right to rescind this transaction for a period of three business days after the date of this agreement. To exercise the right of rescission, you must deliver to the travel club, either in person or by first class mail postmarked within the three-business-day period, at the address referenced in this contract, a written statement of your desire to rescind this transaction, and all materials of value that were provided and given to you at the time of the purchase of your travel club membership.
24.3. For Annual Subscribers Residing in Arizona:
You may cancel this transaction within three business days from the date of this agreement. If you cancel, any property traded in, any payments made by you under the contract of sale in excess of twenty-five dollars shall be refunded within fifteen business days following receipt by the seller of your cancellation notice. Any negotiable instrument executed by you will be returned within fifteen business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to [CLUB NAME], at 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821 not later than midnight of the date which is three (3) business days from the date you entered into the contract (date). I hereby cancel this transaction. ____________________ ______________________________ (Date) (Buyer's signature)
Buying Services must be available to You within three (3) days of the date of this agreement.
Arizona law requires certain discount buying services to have a trust account or bond. PTS has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $30,000.00.
24.4. For Annual Subscribers Residing in California:
Buying services shall be available to You within seven (7) days of the date of this agreement.
PTS has established an escrow account ([CLUB NAME] Escrow) for the refund of membership fees at Truist Bank. Refunds from the escrow account may, in addition to other remedies and sources available to you, be obtained by mailing a written request along with proof of membership to Truist Bank Attn: Escrow Services, 2713 Forest Hills Road, Building 2, Wilson, NC 27893. This refund request shall not affect or limit any other remedy at law available to you.
California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $20,000.00.
24.5. For Annual Subscribers Residing in North Carolina:
You, the customer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel you must notify the company in writing of your intent to cancel. North Carolina law requires certain discount buying services to have a trust account or bond. PTS has a bond issued Fidelity and Deposit Company of Maryland in the amount of $50,000.00.
24.6. For Annual Subscribers Residing in Rhode Island:
You, the customer, may cancel this contract at any time prior to midnight of the third (3rd) business day after the date of this contract. To cancel you must notify the company in writing of your intent to cancel.
Buying services shall be available to You within three (3) days of the date of this agreement.
24.7. For Annual Subscribers Residing in New Hampshire:
MEMBER’S RIGHT TO CANCEL IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE COMPANY. 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 BE BOUND BY THE CONTRACT. IF THE NOTICE IS DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT, YOU ARE ENTITLED TO A REFUND OF THE ENTIRE CONSIDERATION PAID FOR THE CONTRACT. OTHER CANCELLATION ENTITLES YOU TO A PRO RATA REFUND FOR THOSEDAYS REMAINING ON THE CONTRACT. THE NOTICE MUST BE DELIVERED OR MAILED TO [CLUB NAME], 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821. IF YOU CANCEL, THE CLUB IS REQUIRED TO RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH YOU GIVE NOTICE OF CANCELLATION, ANY PAYMENTS YOU HAVE MADE.
New Hampshire law requires certain discount buying services to have a trust account or bond. PTS has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $20,000.00.
All savings claims made by PTS are based on price comparisons doing business in the trade area in which the claims are made and with prices at which the services are actually sold.
24.8. For Annual Subscribers Residing in Wisconsin:
CANCELLATION AND REFUNDS
RIGHT TO CANCEL. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying [CLUB NAME] by any writing mailed or delivered to [CLUB NAME], 6277 SEA HARBOR DRIVE, ORLANDO, FL 32821 at the address shown on the contract within the previously described time period. If you do so cancel, any payments made by you will be refunded within 20 days after notice of cancellation is delivered, and any evidence of indebtedness executed by you will be canceled by [CLUB NAME] and arrangements will be made to relieve you of any further obligation to pay the same.
Wisconsin law requires certain discount buying services to have a trust account or bond. PTS has a bond issued by Fidelity and Deposit Company of Maryland in the amount of $250,000.00.
In accordance with state law, to the extent these Terms and Conditions represent a future service contract, then solely with respect to Wisconsin residents (i) assignees, purchasers, or other transferees of the rights of the contractor are subject to all claims and defenses of the customer against the contractor arising out of the future service contract, (ii) these Terms and Conditions provide that any purchase order must specify a date and address of delivery for each item purchased and that the customer may cancel an order and demand refund of any payment the customer made for that order if the goods that the customer ordered are not delivered on or before the delivery date specified in the purchase order or not delivered to the address where the customer requested delivery of the goods, unless the future service contract specifies otherwise, and (iii) these Terms and Conditions permit the seller to change the date or address of delivery specified in the purchase order only if the customer consents in writing to the change.
Please click this link to view Wisconsin disclosures which are required to be on a separate page.
Booking Rules
1. GENERAL
1.1. These rules ("Booking Rules") set forth a legally binding obligation between Panorama Travel Solutions, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) d/b/a [CLUB NAME] (referred to herein as "PTS", "We", "Our", "Us" or "[CLUB NAME]") and you (referred to herein as "Member", "Traveler", "You", or "Your") with respect to your booking, reservation, or other travel or non-travel transaction (each, a "Booking").
In addition to these Booking Rules, your Booking is subject to the [CLUB NAME] Terms and Conditions ("Terms and Conditions") which are available here.
1.2. From time to time, [CLUB NAME] products and services may be fulfilled by either an affiliate of PTS or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with PTS or its affiliates (collectively referred to herein as "Provider(s)"). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Booking Rules and the Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through [CLUB NAME], including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms"). WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE "ACTIVITIES"). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
1.3. By purchasing products and services through [CLUB NAME], Member acknowledges and agrees to be bound by these Booking Rules, the Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, "Guests").
1.4. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through [CLUB NAME] of the contents of these Booking Rules, the Terms and Conditions and all applicable Provider Terms.
1.5. THE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.
1.6. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE BOOKING RULES OR THE TERMS AND CONDITIONS.
2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
2.1. [CLUB NAME] is offered and fulfilled by PTS (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.
3. PROVISION OF INFORMATION
3.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While [CLUB NAME] makes reasonable efforts to ensure that this information is accurate and complete [CLUB NAME] expressly disclaims liability for inaccurate, incomplete, or misleading information.
4. MODIFICATIONS OF THE BOOKING RULES
4.1. These Booking Rules are subject to change at any time at the sole discretion of [CLUB NAME] without prior notice to Members (except where required by law). By making a Booking, Member acknowledges and agrees to be bound by any posted revisions to these Booking Rules.
5. NO COMMERCIAL USE AND OTHER NON-PERMITTED USES
5.1. Bookings may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration or for the purposes of establishing residency or permanent or semi-permanent occupancy. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for the termination of your Booking or the immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
6. AVAILABILITY
6.1. Your Booking is not guaranteed until confirmation is received from the Provider through [CLUB NAME]. Your Booking may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to [CLUB NAME].
7. PRICES AND RATES
7.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay [CLUB NAME] for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
8. TRANSACTION FEES
8.1. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of [CLUB NAME] without prior notice. Additional service fees may also be charged as detailed in these Booking Rules.
9. HOTEL TAXES AND FEES
9.1. To facilitate Your transactions with Us, We will charge Your payment method for "Taxes and Fees". Taxes and Fees includes an estimated total that We will pay to the hotel or Provider for taxes and government fees it owes in connection with Your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and other applicable taxes. The Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as a co-vendor with the Provider with whom we book or reserve our customer's travel arrangements. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount We pay the hotel and the location of the hotel where You will be staying. The actual tax amounts paid by Us to the Provider may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Provider by our customers.
9.2. Depending on the type of booking You make through Us, You may be charged additional fees by Our Providers, including, but not limited to:
9.2.1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;
9.2.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
9.2.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
9.2.4. Fees resulting from a violation of a hotel or travel service’s rules and regulations. You expressly understand and agree that the hotel or other travel service provider may charge You for any violation of its rules and regulations, including but not limited to violations of the smoking and pet policies and any damages to Your room or the hotel caused by You or Your guests.
9.3. Our Providers may require You to put a payment method on file upon check-in to pay these or other charges directly to the Provider upon check-out. Contact the Provider directly to determine what charges apply to Your booking.
9.4. Additionally, Providers may charge destination marketing fees that are collected by the hotel for payment to a local tourist bureau. If You are a citizen of a country You travel to, You may owe additional taxes to the hotel at check-out.
9.5. Contact the Provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to Your booking. It is Your responsibility to determine if any such additional fees, terms, conditions and restrictions apply to Your transaction. We do not warrant the availability of third-party activities or services.
10. CURRENCY
10.1. All fees and charges are payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location. For certain services, the price may have been converted from a different currency for convenience purposes to provide You an estimate of the amount of the purchase in Your local currency. As a result, when You book, the amount charged to Your credit card by the Provider may be slightly different due to currency fluctuations.
11. PAYMENT
11.1. [CLUB NAME] products and services may be purchased with any participating valid credit or debit card.
11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, [CLUB NAME] will make reasonable efforts to contact Member, but [CLUB NAME] reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call [CLUB NAME] customer service at x-xxx-xxx-xxxx.
11.3.1. Seller of Travel Disclosures.
(a) California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS, LLC is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS, LLC has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
12. BOOKING CANCELLATION/CHANGES
12.1. The fees assessed by [CLUB NAME] and the Provider as a result of a cancellation or change are set forth on the Booking Confirmation/Travel Receipt (defined below) and apply to all transactions purchased through [CLUB NAME].
12.2. Each Provider has specific cancellation policies and penalties separate and apart from [CLUB NAME]. Provider policies may treat name changes and departure date changes as cancellations.
12.3. In the event Member must cancel any booking, please do so through the [CLUB NAME] web site or call customer service immediately at x-xxx-xxx-xxxx.
12.4. Cancellations will be effective as of the date of receipt of the request by [CLUB NAME] ("Cancellation Date"). It is Members’ responsibility to ensure cancellation requests are properly received by [CLUB NAME]. Refunds may take up to eight (8) weeks from the Cancellation Date.
12.5. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the Provider with whom the services were arranged, or if the funds were not sent to the Provider, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the refund amount to another travel product or date.
13. ADDITIONAL TRAVEL TERMS AND CONDITIONS
Additional terms and conditions may apply to bookings made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to PTS on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
13.1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by [CLUB NAME], PTS, or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify [CLUB NAME] immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
13.2. We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
13.3. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
13.4. You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.
13.5. You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner.
13.6. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider.
13.7. Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.
13.8. A Booking Confirmation/Travel Receipt may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Booking Confirmation/Travel Receipt may only be used by the person whose name(s) appears on the Booking Confirmation/Travel Receipt.
13.9. We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.
13.10. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. PTS's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond Our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.
WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.
13.11. Identification Documentation. Providers may require that travelers have in their possession proper documentation required by the United States or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. [CLUB NAME] assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if travelers fail to bring proper documentation and are refused travel services by Provider.
13.12. Travel Documents. Booking Confirmations/Travel Receipt and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the Provider’s prior written consent. When a name change is required additional fees may apply. Notify [CLUB NAME] concierge immediately if changes or corrections are required.
13.13. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. [CLUB NAME] urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or such other government or other authority where Member resides or is traveling to prior to booking travel to both domestic and international destinations.
13.14. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, and www.treas.gov/ofac.
13.15. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, [CLUB NAME] DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
13.16. Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
13.17. Travel Insurance. It is Your responsibility to decide whether to purchase travel insurance for Your travel, and if making such purchase, to ensure that the insurance coverage You buy is suitable for You and is enough for Your needs. Travel Insurance provided by third parties may be available through Our website; however, We make no representation or warranty regarding the sufficiency or terms of any such travel insurance offered on Our website, and You should conduct Your own research prior to purchasing.
13.18. Airline Terms. If You have purchased airfare, please ensure You read the full terms and conditions of carriage issued by the air carrier, which can be found on the air carrier’s website. You agree to abide by the terms and conditions of purchase imposed by any air carrier with whom You elect to deal, including, but not limited to, payment of all amounts when due and compliance with the air carrier's rules and restrictions regarding availability and use of fares, products, or services. Airline penalties are in addition to the processing penalties charged by Us and are subject to change at any time. To cancel or modify an existing flight, please call contact Us through the contact information provided on the website. Most air carriers consider a name change to be a cancellation. To avoid penalties for name changes, full and complete names, exactly matching government-issued identification, are required at time of booking. Each scheduled airline has unique cancellation and revision penalties on airfares.
13.19. Car Penalties/Terms: Car only reservations may only be cancelled in accordance with the cancellation policy specified in the reservation and/or by the related rental agency. Car only reservations cancelled after any such the designated deadline will forfeit the full amount equal to the full rental amount. No-shows will not receive any refunds for advance deposits or payments made. All taxes will need to be paid at the counter at the car pick-up location. Please refer to the specific cancellation policy on Your car rental reservation for the specific details of Your reservation. Unless otherwise stated in the reservation or the terms and conditions of the rental agency:
- There may be additional charges for time and mileage.
- The traveler identified as driver on the reservation must match the primary driver and credit card holder.
- Major credit cards for authorization are usually required at time of rental. Debit cards may be accepted at some car counters after authorization and a credit check. Cash deposit may not accepted.
- Taxes and service charge, fuel, additional driver fee, driver under age twenty-five (25) fee, one-way rental fee, drop charges and optional insurances are not included. Time and charges exceeding prepaid amount are payable directly to car counter by renter.
- Minimum driver age is generally twenty-one (21) and valid driver’s license required.
- Unused hours and days are non-refundable.
- Prevent Theft: Remove valuables from the rental car and lock the door.
14. ADDITIONAL CRUISE TERMS AND CONDITIONS
14.1. Cruise services are provided by a third-party provider, World Travel Holdings, Inc., under contract with [CLUB NAME]. All terms and conditions of World Travel Holdings, Inc. related to the booking of any cruise product shall apply to You. [CLUB NAME] may change third-party providers at any time, in its sole discretion and without notice to You. In addition to these terms and conditions, You must also comply with all applicable cruise line and hotel/resort terms and conditions and policies and procedures. Please contact [CLUB NAME] for additional information.
14.2. Booking Cancellations: In the event cancellation of a booked cruise becomes necessary by You, call customer service immediately at the number above or submit the cancellation by providing a written notice to World Travel Holdings, Inc. Please contact [CLUB NAME] for additional information.
Privacy Notice
Last Updated: January 1, 2023
Click to read the Special Notice for Collection of Personal Information Related to the COVID-19 Pandemic.
Introduction to this Privacy Notice
Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama." Panorama's business operations includes many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Extra Holidays, Love Home Swap, TripBeat, @Work International, Alliance Reservations Network, and Resort Rentals, LLC (collectively "Panorama," the "Panorama Group of Companies," "we," "us," or "our"). We care about privacy issues and want you to be familiar with how we collect, disclose, and otherwise use ("Process") information about you. This privacy notice ("Privacy Notice") describes our practices in connection with information we collect through our websites ("Websites"), social media pages we control ("Social Media Pages"), and software applications we make available for use on or through computers and mobile devices ("Apps"), that include a link to this Privacy Notice, and through any of our offline activities, such as when you provide your information on the phone via our call centers or in person ("Offline Activities") (collectively, including the Websites, Apps, Social Media Pages, and Offline Activities, the "Services").
Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements, such that our practices may be more limited in such jurisdictions.
Our privacy practices also may vary among our Affiliates and brands depending upon their function and their offered products and services. Please review the privacy notices linked to or referenced in their respective Services and note that the data controller of your Personal Information will be the Affiliate which provides the Services to you.
Supplementary Privacy Notice for US Residents: Click here to read about "Your California Privacy Rights" and your additional rights if you are a resident of Virginia. Additional rights for residents of Nevada are also provided.
Please read the following to learn more about our privacy practices.
What Information Is Collected and How Is It Collected?
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We may collect "Personal Information" (information that identifies you or relates to you as an identifiable person) about you such as your:
- Name
- Postal address (including billing and shipping addresses)
- Phone number
- Email address
- Credit or debit card number
- Financial information in certain circumstances
- Birthday or Date of Birth
- Social media account information
- Stay, trip, product or service information, such as your preferred location/facilities, dates and number of people/children traveling with you
- Special needs or conditions that may impact your stay
- Driver's license, government-issued ID, or passports
- Geolocation information
- Communication, product, service or other preferences
- Your opinions, comments, suggestions, inquiries and other communications you provide to us
- Demographic information
- Audio/Visual recordings such as when you call our customer service phone number or participate in having a photo taken for an activity, resort, etc.
- Internet Click Activity on our websites
- IP address or Device ID
- Subscribing Account or Membership ID
- Passwords
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We may collect information from you when you interact with us such as when you:
- Register for, subscribe to, use, or make a payment for a product or service
- Contact us with a question or request
- Use our Services
- Make a reservation
- Stay at one of our affiliated resorts
- Provide a testimonial or story, or post or submit a photo, review or comment
- Participate in a competition, promotional activity or sweepstakes
- Provide feedback or participate in a survey
- Participate in any loyalty or other programs
- "Like", "Follow" or otherwise connect with or post to one of our Social Media Pages
- Provide goods or services to us (for example, as a vendor or contractor)
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Other information we collect about you:
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Cookies: Our Services may use "cookies" and similar technologies (collectively, "cookies"). Cookies are small text files this Website sends to your computer for recordkeeping purposes; this information is stored in a file on your computer's hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so we can use these to improve your next visit to our Website.
- One purpose of cookies is to simplify the use of the Website. For example, cookies may save a user's login details, so that they do not need to login every time.
- Cookies may be either "persistent" or "temporary" (or "session") cookies. A persistent cookie retains user preferences for a particular Website allowing those preferences to be used in future browsing sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies are also used for statistical or marketing purposes, to determine how the Website is used. These cookies are provided by us or by third parties (e.g., advertising partners). While we do not control or have access to the advertiser cookies we do permit them to be used on this Website to facilitate tailored advertising and monitor patterns of buying specific goods or interest in - for example, holidays or hobbies. These cookies run advertisements tailored to the user based on your online buying habits.
- Pixels, Beacons: We or third party ad servers, including Facebook, may use cookies or invisible pixels or beacons on this Website to count how many users visit certain pages or take certain actions to collect or receive information from this Website and elsewhere on the Internet. We may use this information to improve our marketing programs and content, and to target advertisements at this Website and/or on other sites.
- From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, data firms, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.
- Mobile Devices: When you use or access our Services from a mobile device, we may collect information such as your unique device ID and your location. If you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number, as well as any other Personal Information specified by the App in its terms or notices.
- Google Analytics: We use Google Analytics to help us get a better understanding of how visitors use this Website and to facilitate interest based advertising associated with your Google Account and other devices you use. The information generated by the Google Analytics cookie about your use of this Website is transmitted to and stored by Google. If you do not want your activity on this Website to be tracked by Google Analytics, you may opt out by using this link: http://tools.google.com/dlpage/gaoptout?hl=en.
- Internet Based Advertising: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Services and other websites, apps or online services, based on information relating to your access and use of our Services and other websites, apps and services on any of your devices, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit www.aboutads.info and www.networkadvertising.org to opt out in mobile apps. You may also opt out in Twitter by going to your account privacy settings and unchecking the box next to "Tailor ads based on information shared by ads partners."
- Do Not Track Signals: At this time, we do not respond to browser ‘do not track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our website. You can learn about how to exercise choice regarding the collection of information about your online activities over time and across third party websites or online services by visiting http://www.aboutads.info/ and http://www.networkadvertising.org/.
- Data Collected Automatically: In addition to any Personal Information or other information you choose to provide to us or that we otherwise collect about you as described in this Privacy Notice on the Services, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain website usage information whenever you visit or interact with the Services. This information may include browser type, operating system, the page served, the time, the source of the request, the preceding page view, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable. When analyzed, usage information helps us determine how our Services are used, such as what types of visitors arrive at the Services, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your website usage information with the Personal Information you provide, but we will treat the combined information as Personal Information.
We use information in a variety of ways, including to analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services.
As aggregated, de-identified or anonymized information does not constitute Personal Information, we may use it for any purpose.
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Cookies: Our Services may use "cookies" and similar technologies (collectively, "cookies"). Cookies are small text files this Website sends to your computer for recordkeeping purposes; this information is stored in a file on your computer's hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so we can use these to improve your next visit to our Website.
Why and How We Use Your Information
We may Process Personal Information in connection with any of the following:
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Our business transactions with you, including, but not limited to:
- Entering into or performing a contract with you
- Responding to your inquiries and fulfilling your requests
- Sending administrative information to you, for example, information regarding the Services or an event you are attending
- Completing and fulfilling any purchases or requests for services
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For our legitimate business interests, including, but not limited to:
- Personalizing your experience on the Services by presenting products and offers tailored to you
- Allowing you to participate in sweepstakes, contests, and similar promotions, and administering such activities (each of which may have additional rules and could contain additional information about how we Process your Personal Information)
- Facilitating social sharing functionalities of your social media account(s)
- Carrying out data analysis, audits, fraud monitoring and prevention, internal quality assurance, developing new products, enhancing, improving or modifying our Services, identifying usage trends, auditing use and functionality of our Services, helping enforce compliance with our Terms of Use, helping protect our Services, determining the effectiveness of our promotional campaigns and operating and expanding our business activities
- Subject to your marketing preferences (which may include consent to marketing under applicable law), sending you newsletters or marketing communications we believe may interest you, for our own products and services, and on behalf of our Affiliates or selected third parties, in accordance with applicable law.
- To allow you to send messages to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend's name and email address.
- In accordance with any consent you may have provided. You have the right to decline to provide your consent and, if consent is provided, to withdraw it at any time.
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As necessary or appropriate for legal reasons, including, but not limited to:
- Under applicable law
- Complying with legal process
- Responding to requests from public and government authorities, including those outside your country of residence
- Enforcing our terms and conditions in connection with the Services
- Protecting our operations or those of any of our Affiliates or other third parties
- Protecting our rights, privacy, safety or property, or that of our Affiliates, you, or other third parties
- Allowing us to pursue available remedies or limit damages we, our Affiliates, or other third parties, may sustain
When We Disclose Your Information
We may disclose your information as follows:
- Affiliates: We may disclose your Personal Information to any other entity that is directly or indirectly controlled by, or under common control with us ("Affiliates") for the purposes described in this Privacy Notice, including under "Why and How We Use Your Information", unless otherwise prohibited by applicable law or by contractual agreement with our vendors, service providers or other third parties. You can find more information about our primary operating Affiliates in our Annual Report as of the date the Annual Report was published or by contacting us at the contact information set forth below in the section titled "How Can You Contact Us?".
- Vendors and Service Providers: We may disclose your Personal Information to vendors and service providers we retain in connection with our business such as: travel services companies, financial services companies, property owners' associations, vacation insurance companies, website hosting, data analysis, payment processing, order fulfillment, magazine publishers, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, legal advisers, accountants, auditing services or others.
- Business Partners, Sponsors, and Other Third Parties: We may disclose your Personal Information to business partners, co-sponsors of promotions, and other third parties in order to provide you with services that may interest you. For example, we may share your Personal Information with the owners and operators of affiliated and unaffiliated hotels and resorts, airlines, car rental services, activity or excursion providers, travel insurance providers, credit agencies, retail stores, magazine publishers, and other third parties to facilitate reservations, to offer you products or services, or in connection with any loyalty program we may provide or a loyalty program of one of our partners. We may also co-sponsor promotions, sweepstakes, or other events with a third party and may share your Personal Information in connection with these events. Further, we may share your Personal Information with third party providers located on-site at hotels or resorts, such as time-share, spa, golf, concierge, and dining providers. If you provide additional information to any of these third parties, such information provided to these third parties will be subject to each third party's privacy practices and policies.
- Resorts or Business Partners: We may share Personal Information with affiliated resort operators in order to provide you with services, facilitate a booking you requested, generate leads in connection with their offers to sell timeshares to you, to facilitate their understanding of their owners’ exchange history and utilization, or to respond to your inquiry for further information about mini-vacations at resorts where a resort tour is either required or requested of you by the resort operator.
- Message Boards: We may make reviews, message boards, blogs, and other such user-generated content facilities available to users. Any information disclosed in these areas becomes public information and you should always be careful when deciding to disclose your Personal Information. We are not responsible for privacy practices of other users including website operators to whom Personal Information is disclosed.
- Change in Control: We may disclose your Personal Information to a third party (e.g., prospective buyers and insolvency practitioners) in connection with any change in control of any part of our business or the business of any of our Affiliates, including, without limitation, merger, consolidation, divestiture, spin-off, purchase of all or a substantial portion of our assets, dissolution, liquidation, administration, receivership or other form of insolvency.
- Third Parties: Subject to your marketing preferences (which may include consent to marketing under applicable law), we may license, sell, or otherwise share your Personal Information with selected third parties for compensation for their own business purposes. Once we share your Personal Information with a third party for such purposes, the information shared becomes subject to such third party's privacy practices.
- Disclosure Permitted by Law: We may disclose your Personal Information to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your information, if required or permitted to do so by law or legal process, to respond to claims, or to protect our rights, interests, privacy, property or safety, and/or that of our Affiliates, you or other third parties.
How Do We Safeguard Your Information?
Security of Your Information: We will take reasonable steps to protect the information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all information you provide to us via the Services.
Other Important Information
- Information Provided on Someone Else's Behalf: If you provide us with information about someone else, please ensure you have the person's permission to do so for the purposes detailed in this Privacy Notice.
- Links to Websites: The Services may have links to other websites that are not operated by us; we have no control over how these websites may collect your information and no liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites before you submit your information through them.
- Social Media Sites: Please note that we are not responsible for the collection, usage and disclosure policies and practices (including data security) of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages. Any posts you make on our Social Media Pages may be available to others who use those pages. Never include sensitive personal, financial, or other confidential information such as your social security number, address, phone number or email address when posting or commenting online. Please refer to the privacy policies of our social media partners when you interact with them online.
- Sensitive Personal Information: The Personal Information we collect from you may include sensitive Personal Information, which we only collect with your consent. We limit the use of your sensitive Personal Information to that use which is necessary to perform reasonably expected services or as required by law. If you refuse to provide such information, it may affect the delivery of our services or make us unable to provide services to you. However, unless specifically requested, we ask that you not send us, and you not disclose, on or through the Services or otherwise to us, any sensitive Personal Information such as Social Security number, passport number, driver’s license number, or other government-issued identification number; financial account details, with or without any information that would permit access to the account, or credit history; or information on race, religion, ethnicity, sexual practices or sexual orientation, medical or health information, genetic or biometric information, political or philosophical beliefs, trade union membership, background check information or criminal records.
- Minors: We do not knowingly collect, maintain or use Personal Information provided by individuals under 18 years of age in connection with, and no part of our Websites, Social Media Pages, and Apps is directed to, individuals under the age of 18. If we do discover we have collected Personal Information from minors in violation of applicable law, we will delete it.
- International Transfers: We are an international company and we may, subject to applicable law, transfer your information, to our Affiliates or selected third parties outside the country where you are located and where information protection standards may differ (e.g., your information may be stored on servers located in other jurisdictions). We will utilize appropriate safeguards governing the transfer and usage of your Personal Information, for example, Standard Contractual Clauses.
- Retention Period: We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
- Changes to Our Privacy Notice: From time to time we may revise this Privacy Notice. Updated versions will be posted on the respective Services.
Your Choices and Rights
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Changes to Your Marketing Preferences: You can change your marketing preferences by:
- Using the unsubscribe function in the email you receive from us;
- Logging into your account (if the Service offers an account with such functionality);
- Contacting us as set forth under "How Can You Contact Us?" below.
- Withdrawing Your Consent: You may withdraw any consent you have provided to us to Process your information at any time.
- Accessing your Information: In accordance with applicable law, you may access the Personal Information we Process about you. Any request to access or obtain copies of your Personal Information must be made in writing by contacting us as set forth under "How Can You Contact Us?" below. We may also ask you to log into your account, to verify your identity and to provide further details relating to your request.
- Correcting your Information: We will take reasonable steps to ensure the accuracy of the Personal Information we retain about you. It is your responsibility to ensure you submit true, accurate, and complete information to us, and timely update us in the event this information changes. You may request that any inaccurate or incomplete Personal Information held by us or on our behalf is corrected, by contacting us as set forth under "How Can You Contact Us?" below.
- Deleting your Information: Under certain circumstances, you may request we delete Personal Information we hold about you by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we are required to delete this information.
- Objecting to Processing: If you would like us to stop the Processing of your Personal Information, you can request this by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we have any justification for the continued Processing.
- Transferring your Information: Under certain circumstances, you may receive your Personal Information in a format that allows you to send it to another company or to direct us to transfer it directly to another company.
Supplementary Privacy Notice for US Residents ("Supplementary US Notice")
- Your Nevada Privacy Rights – Notice to Nevada Residents: If you are a resident of Nevada, under certain circumstances, Nevada Civil Code Section NRS 603A.340 allows you to request operators of websites not to sell your Personal Information. To make such a request, please send an email to our Privacy Group at [email protected] or send a letter to (please indicate our Affiliate or brand you typically do business with):
Panorama
Attn: Legal Services-Privacy
6277 Sea Harbor Drive
Orlando, FL 32821 - California Shine the Light Law: If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the Personal Information we collected and third parties to whom we disclosed your Personal Information for the third parties' direct marketing purposes during the preceding calendar year. To send this request, you may contact us using one of the methods in the "How Can You Contact Us?" section of this Privacy Notice.
- California Consumer Privacy Act ("CCPA"), California Privacy Rights Act ("CPRA"), and Virginia Consumer Data Protection Act ("VDCPA"): This section 2 is intended to satisfy the requirements of the following US privacy laws ("US State Privacy Laws"). This section supplements our Privacy Notice. The rights herein are in addition to any other rights applicable to you in this Privacy Notice. Where there is a conflict between this section and other provisions of this Privacy Notice, this section will prevail for
- California Consumer Privacy Act ("CCPA") as amended ("CPRA")
- Virginia Consumer Data Protection Act ("VCDPA")
- This section supplements our Privacy Notice. We may add additional US State Privacy Laws as they are implemented. The rights herein are in addition to any other rights applicable to you in this Privacy Notice. Where there is a conflict between this section and other provisions of this Privacy Notice, this section will prevail for the applicable US State Privacy Law.
- Personal Information Definition:
"Personal Information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. - Exclusions:
Some Personal Information is not subject to CCPA or CPRA such as consumer credit reports and background checks, publicly available data lawfully made available from state or federal government records, Personal Information governed by the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the California Financial Information Privacy Act, and any other Personal Information exempt from the CCPA or CPRA. A separate privacy notice applies to our applicants and employees. This CCPA/CPRA section does not apply to those groups. - The Categories of Personal Information We Collect and Why We Collect Them.
Generally, where applicable, in our role as a "Business" under CCPA, we may collect the following categories of Personal Information (as set forth in the CCPA) about you for the following purposes:Personal Information Category Identifiers: Identifiers such as your real name, alias, title, military or other service rank, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, account number, rewards program number, and other similar identifiers. Purposes of Collection We may collect this information to establish a business record of you, setup rewards and other accounts, create login credentials for you, and for similar reasons.
We may collect this information to communicate to you about your purchases, transactions, contracts, our business relationship with you, and for similar reasons.
We may collect this information to provide you with surveys for quality assurance, product development and more.
We may collect this information to facilitate communications to you regarding products/services that may be of interest to you.
We may collect this information to provide a list to resorts, homeowner's associations ("HOAs"), and third party partners related to your transactions, election activities, ownership and more.
We may collect this information to verify your identity such as when you request access to your Personal Information or apply for financing.
We may collect this information such as government id related information in order to process your financing application or provide information to a travel provider such as an airline pertaining to your reservation.
We may collect this information to provide a list of your emergency contacts.
We may collect this information to meet a legal requirement such as recording a title or similar functions.
We may collect your signature on documents like contracts, financing terms, waivers, etc.Personal Information Category Customer Records: Paper and electronic records containing Personal Information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification number, insurance policy number, bank account number, credit or debit card number or any other financial or payment information, medical information or health insurance information. Some information in this category may overlap with other categories. Purposes of Collection We may collect this information to set up ownership, membership, online and other accounts you request.
We may collect this information to process and/or administer your financing applications and financing, your contracts, your reservations, your loyalty and/or rewards accounts, and more.
We may collect this information to determine your eligibility for certain products or services.
We may collect this information to process payments and purchases of any of our products or services.
We may collect this information to verify your identity such as when you request access to your Personal Information or apply for financing.
We may collect this information if you engage in certain physical, sports or similar activities at our resorts and other properties.
We may collect this information to detect and prevent fraud.
We may collect this information to comply with applicable laws and to meet other legal obligations.Personal Information Category Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Purposes of Collection We may collect this information to process and/or administer your financing applications and financing, your contracts, your reservations, your loyalty and/or rewards accounts, and more.
We may collect this information to personalize your services/products, provide helpful suggestions, respond to your commercial inquiries, and facilitate communications to you of products/services and related features that may be of interest to you.
We may collect this information to create efficiencies in managing reservations and recurring commercial interactions with you or otherwise managing our ongoing business relationship.
We may collect this information to maintain a record of your consuming history preferences and tendencies to better serve you, to personalize an experience for you, and to meet other needs of offering, providing and maintaining an ongoing service relationship with you.
We may collect your survey answers about events, products/services and more for quality assurance, product improvement, and to facilitate marketing that may be of interest to you.Personal Information Category Protected Classifications: characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information. Purposes of Collection We may collect this information where needed for a legal or financial document such as when we collect your marital status for a financing application.
We may collect this information where needed for a reservation, such as where we may need your gender to report to the airlines. We may also collect this information like gender to address you with the proper salutation.
We may collect this information to provide you with the proper accommodations or assistance such as when you notify us of health related accommodations you require related to a reservation.
We may collect additional information in this category as appropriate.Personal Information Category Biometric Information: physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including fingerprint, faceprint, hand, palm, and voice recordings, and health or exercise data that contain identifying information. Purposes of Collection We may collect biometric information in order for you to access portions of a resort or property or to assist in a law enforcement investigation. Personal Information Category Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a resident's interaction with an internet website, application, or advertisement, as well as physical and network access logs and other network activity information related to your use of any company device, network or other information resource. Purposes of Collection We may collect this information to improve our website functionality, improve transaction throughput, and personalize your experience. We may collect this information to determine what interests you to facilitate targeted communications of products and services to you. We may collect this information to judge the effectiveness of any online marketing campaigns. Personal Information Category Geolocation Data: General or precise geographic location information about a particular individual or device. Purposes of Collection We may collect your postal address and/or the location associated with your device to create demographic analysis of visits to our site, prevent fraud and promote interest in our products to better market to and understand our customers.
Your location may be used to send you messages or notifications depending on your jurisdiction and settings.
We may collect this information because of differences in jurisdictional laws to be sure we are compliant in our presentation of content.Personal Information Category Audio/Visual Data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV images and photographs, and audio recordings (e.g., recorded meetings). Purposes of Collection We may collect this information for quality assurance of product/service presentations or communications, when you pose for videos/photos or provide audio recordings at our resorts or to us in any manner in order to improve our products and services, when you participate in activities or excursions or attend other events as part of service delivery.
We may collect this information in public areas of our facilities and online to provide safe and secure facilities and to ensure quality assurance.Personal Information Category Employment History: professional or employment-related information. Purposes of Collection We may collect details of your employment history such as job title and length of time at your employment to process a financing application. We may collect employment history as part of a larger analysis of you and what products/services would be well suited for you. We may collect details of your employment history as part of your credentials if you run for an elected position within the HOA of your vacation ownership property. Personal Information Category Education Information: information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). Purposes of Collection For example, we may collect this information in order to process financing, in order to match your potential interest and likelihood of purchasing certain products/services, and as part of any office election you may run for as a candidate related to an HOA. Personal Information Category Profiles and Inferences: inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Purposes of Collection For example, we may infer what products or services may interest you, your predicted attachment to your purchased products, your likelihood of purchasing other products, your likelihood of exacting contract and financing terms, and more. We may collect demographic information about you, such as your age, income, etc. Personal Information Category Sensitive Personal Information: Social Security number, passport number, driver’s license number, or other government-issued identification number; financial account details, with or without any information that would permit access to the account, or credit history; or information on race, religion, ethnicity, sexual practices or sexual orientation, medical or health information, genetic or biometric information, political or philosophical beliefs, trade union membership, background check information or criminal records. Purposes of Collection For example, to perform services or provide products requested or reasonably expected; to detect security incidents; to resist fraudulent or illegal actions; to ensure physical safety and natural persons; to service accounts and process payments or transactions; to provide financing or verifying California resident’s information; to maintain quality of or to enhance our services or systems. OTHER PURPOSES FOR COLLECTING AND USING YOUR PERSONAL INFORMATION: Generally, we may use all of the above categories of Personal Information for the following purposes where applicable:
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Security and Monitoring.
In order to monitor and secure our resources, network, premises and assets, including:
- Monitoring for preventing, investigating, and responding to security and privacy incidents
- Providing and managing access to physical and technical access controls
- Monitoring activities, access and use to ensure the security and functioning of our systems and assets
- Securing our offices, premises and physical assets, including through the use of electronic access systems and video monitoring
- Auditing, reporting corporate governance, and internal operations. We process Personal Information for the purposes of performing audits of our business operations, performing security reviews, ensuring we are meeting legal obligations, managing your business record, and other auditing functions.
- M&A and Other Business Transactions. For purposes of planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.
- Defending and Protecting Rights. In order to protect and defend our rights and interests and those of third parties, including to manage and respond to employee and other legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.
- Compliance with Applicable Legal Obligations. Relating to compliance with applicable legal obligations (such responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations.
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Security and Monitoring.
In order to monitor and secure our resources, network, premises and assets, including:
- NOTICE OF FINANCIAL INCENTIVES. We may make available certain programs or offerings that are considered "financial incentives" under the California Consumer Privacy Act, as amended (the "CCPA"). Generally, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of rewards programs, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided and the calculation of the value is based upon a practical and good-faith effort often involving one or more of the following: (i) the categories of personal information collected (e.g., names, email addresses); (ii) the transferability of such personal information for us and our rewards programs; (iii) the discounted price offered; (iv) the volume of consumers enrolled in our Rewards Programs; (v) the expenses associated with offering the incentives; (vi) the net revenue anticipated from or generated by members in comparison to non-members; and/or (vii) the product or service to which the rewards programs, or price or service differences, applies. The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards. As programs are added, we will disclose the terms and conditions related to each, including further details on any incentives.
- WHERE DO WE GET YOUR PERSONAL INFORMATION? We may collect all of the Personal Information categories above primarily from you such as when you fill out a form, contact us, submit documents to us, use our Websites or Mobile Apps, apply for financing, and interact with us in other ways. We may collect it from our Affiliates, third party partners or data management companies. We may collect it from social media accounts such as when you connect to our Websites through such an account. We may collect it from travel agents who provide it to us on your behalf or other persons who provide your information.
- TO WHOM WE DISCLOSE YOUR PERSONAL INFORMATION? We disclose Personal Information to Affiliates, vendors and service providers, legal and regulatory agencies under certain circumstances, third party product and service providers, third party partners, and others under certain circumstances. Please see the "When We Disclose Your Information" section for more.
- SELLING OR SHARING YOUR PERSONAL INFORMATION. Based on the CCPA's broad definition of "sale," certain data collection on our sites and applications by third parties for purposes of internet-based advertising and social media tools, as well as some other activities involving the disclosure of personal information to another business or a third party, may be a "sale" under the CCPA even if we do not share your information for money. Under some circumstances as described below, we may "sell" or license your personal information under this broad definition.
- Partners: We may sell or share your Personal Information to sweepstakes, contest, promotion partners or other third parties so that they can market to you. This will only occur if you agree to participate in such a promotion and will be subject to your marketing preferences.
- Affiliates: We may sell or share your Personal Information to Affiliates so that they can market to you their products and services provided that such sale is subject to your marketing preferences.
- Internet-Based Advertising/Social Media Tools: To the extent certain information collection on our sites and through third-party applications is considered a "sale" under the CCPA, you may either opt-out through the "Do Not Sell or Share My Information" link or as provided in the section "Other information we collect about you" in our general Privacy Notice.
- Opt-Out: You have the right to opt-out of having your Personal Information sold or shared. Please see the section of this Privacy Notice: "California Rights". Once we share or sell your Personal Information with a third party for such purposes, the information shared or sold becomes subject to such third party's privacy practices.
- Data Subject Rights: If you are a resident of a state identified under this Supplementary US Notice, you have certain rights with respect to the collection and use of your Personal Information. These rights vary by state. As required by CCPA/CPRA, we provide detailed information below regarding the data subject rights available to California consumers. Consumers in other states identified in this Supplementary US Notice have similar rights and can be found in more detail by referencing the applicable US State Privacy Law.
- Right to Know: You have a right to know what Personal Information Categories we have collected, used, disclosed or sold about you in the previous 12 months and the purposes of such actions. Former employees have a right to know what Personal Information Categories we have collected, used, disclosed or sold about you and the purposes of such actions. You have a right to know the sources of collection of such information and to whom we have disclosed it to for business purposes or a sale. You also have a right to receive a list of the Personal Information we have collected about you in the last 12 months from the date of your request. You may request any or all of this information up to two times in a 12 month period. You may exercise this right by filling out and submitting a Privacy Rights Request Form where one is available (See "California Consumer Privacy Act and California Privacy Rights Act Request Form Link" below) or by contacting us using one of the methods listed in the "How to Contact Us?" section of this Privacy Notice.
- Right to Delete: You have a right to instruct us to delete certain Personal Information we hold about you. We will assess your request and determine, under CCPA or CPRA, what Personal Information we are required to delete. If we retain any Personal Information, we will notify you of what we have retained and why. For information we delete, we will notify you of the method of deletion. You may exercise this right by filling out and submitting a Privacy Rights Request Form where one is available (See "California Consumer Privacy Act and California Privacy Rights Act Request Form Link" below) or by contacting us using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.
- Right to Opt-Out of Sale or Share of Your Personal Information: You have the right to instruct Us not to sell or share your Personal Information. You may exercise this right by emailing Us at [email protected] or by contacting us using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice. Former employees may exercise this right by emailing Us at [email protected] or by contacting us using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.
- Nondiscrimination: You shall not incur or be subject to any price or quality of service difference from us for exercising any of your rights under CCPA or CPRA. If you feel you have been treated unfairly for exercising any of your rights under CCPA or CPRA, please contact us immediately using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.
- Verification: We will require certain information from you to verify your identity as the requestor. Generally, we will ask you information that we have already collected about you to provide this verification. For instance, if you submit a "Right to Know" request, we may ask your name, address, email address, account number if applicable, and phone number. We reserve the right to ask additional questions and/or to contact you directly if in our discretion we determine we need additional verification.
- Agents: You may have an agent exercise your rights on your behalf. If an agent provides a Power of Attorney in compliance with California Probate Code Sections 4000-4464, we will process such request. If however, your agent does not provide such Power of Attorney, we will need you to provide written permission to us of the agent's right to exercise your rights in this section on your behalf. Please include your full name, the address and email associated with your account with us, your member number if applicable, the agent's full name and address, and the agent's email. Please send this permission to [email protected]. Furthermore, in addition to your written permission, we may contact you and/or your agent for further verification of your request.
- California Consumer Privacy Act Request Form Link:
Access and Deletion Form - California Privacy Rights Act Request for Former Employees: Please email Us at [email protected].
How Can You Contact Us?
If after reviewing this Privacy Notice, you have any questions, complaints or privacy concerns, or would like to make any requests in relation to your Personal Information, or obtain further information on safeguards used for international transfers, please send an email to our Privacy Group at [email protected] or send a letter to (please indicate our Affiliate or brand you typically do business with):
Panorama
Attn: Legal Services-Privacy
6277 Sea Harbor Drive
Orlando, FL 32821
If you have a complaint or concern about how we Process your Personal Information, we will work to address such concern(s). Also, you may call us at 1-800-914-8253. You may also direct your complaint/concern to the applicable data protection authority.
Privacy Notice to Business Relations
Introduction
Travel + Leisure Co., business operations include many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Love Home Swap, TripBeat, @Work International, and Alliance Reservations Network (collectively "T+L," the “T+L Group of Companies” “we”, “us”, or “our”).
The T+L Group of Companies receive products and services from multiple suppliers as well as provide a wide range of products and services to individual consumers and to businesses or other organizations through our websites, mobile and software applications, social media pages we control, and other online and offline activities such as when you provide your information on the phone via our call centers or in person (collectively, the "Services"). When Services are provided to or received from business, enterprise or other organizations but not an individual consumer contracting directly with us, it is referred to as "B2B Services."
The T+L Group of Companies care about privacy issues and wants you to be familiar with how we collect, disclose, and otherwise use ("Process") information about you, including information that identifies or relates to you as an identifiable person ("Personal Information").
Scope and Application
This Privacy Notice to Business Relations (this "B2B Privacy Notice") describes how Panorama Processes Personal Information about employees or representatives of our existing and prospective business clients, suppliers, service providers, agents, consultants, advisors, business partners, and investors ("Business Relations").
Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements, such that our practices may be more limited in such jurisdictions.
Our privacy practices also may vary among entities within the T+L Group of Companies as well as amongst and between Travel + Leisure Co. and any of its other affiliated operating entities ("T + L Affiliates") depending upon their function and their offered products and services. Please review the privacy notices linked to or referenced in their respective Services and note that the data controller of your Personal Information will be the T + L Affiliate which provides the Services to you.
California Residents: Click here to read about "Your California Privacy Rights"
If you or your company or organization have separate contractual agreements with us concerning our collection, use, or disclosure of your Personal Information, those agreements control and supersede anything stated in this B2B Privacy Notice.
Individual Access
This B2B Privacy Notice does not apply to our processing of Personal Information (as defined in the respective privacy notices) about individual consumers (interacting with us in their personal capacity), our employees or our contractors (whether directly or indirectly contracted). Please refer to the privacy notice linked to the specific Service for more information.
Please note that your access to and use of our B2B Services may be administered by your company or other organization to which you are a member. In such cases, authorized personnel at your organization may have access to your Personal Information collected by these B2B Services, and your organization may have policies applicable to your use of them. Panorama is not responsible for our Business Relations' policies and practices related to data privacy and security, which may be different from this B2B Privacy Notice and any applicable specific privacy notices. If your organization is administering your use of our B2B Services, please contact your company with any privacy questions or requests related to your use of the specific B2B Service.
Information We Collect and How It Is Collected
Most of the Personal Information that we handle in connection with the B2B Services is not collected on this website, but rather through separate contractual relationships governing our collection, use, or disclosure of your Personal Information.
When you access this website or engage with us by email or other transaction or interaction, we may collect the following Information, including any of the following as private contact information or business contact or other information:
- We may collect Personal Information about you such as your:
- Name
- Title, rank or other designation held within your organization
- Business or organization name
- Postal address (including billing and shipping addresses)
- Phone number
- Email address
- Billing and financial details, including payment, insurance, fiscal and banking data
- Social media account information
- Stay, trip, product or service information, such as your preferred location/facilities, dates and number of people/children travelling with you
- Special needs or conditions that may impact your visit to our facilities
- Driver's license, government-issued ID, or passports
- Birthday and/or date of birth
- Geolocation information
- Communication, product, service or other preferences
- Your opinions, comments, suggestions, inquiries and other communications you provide to us
- Demographic information
- Audio/Visual recordings such as when you call our customer service phone number or participate in having a photo taken for an activity, resort, etc.
- Internet Click Activity on our websites
- IP address or Device ID
- Account registration ID and password
- Passwords
- Screening. Information required to screen individuals such as directors, officers, sole proprietors, and equity holders of our current and potential counterparties. This screening takes place against publicly available or government issued-sanctions lists and media sources.
The foregoing may include private contact information (versus business contact information), if necessary. It is possible that you may submit other Personal Information to Panorama, for example in a question you ask through a contact page or submit in the comment box with your order.
- We may collect information from you when you interact with us such as when you:
- Register for, subscribe to, use, or make a payment for a B2B Service
- Contact us with a question or request
- Use our Services
- Provide a review or comment
- Participate in a competition, promotional activity or sweepstakes
- Provide feedback or participate in a survey
- Participate in any loyalty or other programs
- "Like," "Follow" or otherwise connect with or post to one of our social media pages
- Provide goods or services to us
- Other information we collect about you:
- Cookies: Our Services may use "cookies" and similar technologies (collectively, "cookies"). Cookies are small text files this Website sends to your computer for recordkeeping purposes; this information is stored in a file on your computer's hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so we can use these to improve your next visit to our Website.
- One purpose of cookies is to simplify the use of the Website. For example, cookies may save a user's login details, so that they do not need to login every time.
- Cookies may be either "persistent" or "temporary" (or "session") cookies. A persistent cookie retains user preferences for a particular Website allowing those preferences to be used in future browsing sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies are also used for statistical or marketing purposes, to determine how the Website is used. These cookies are provided by us or by third parties (e.g., advertising partners). While we do not control or have access to the advertiser cookies we do permit them to be used on this Website to facilitate tailored advertising and monitor patterns of buying specific goods or interest in - for example, holidays or hobbies. These cookies run advertisements tailored to the user based on your online buying habits.
- From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, data firms, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.
- Mobile Devices: When you use or access our Services from a mobile device, we may collect information such as your unique device ID and your location. If you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number, as well as any other Personal Information specified by the App in its terms or notices.
- Google Analytics: We use Google Analytics to help us get a better understanding of how visitors use this Website and to facilitate interest based advertising associated with your Google Account and other devices you use. The information generated by the Google Analytics cookie about your use of this Website is transmitted to and stored by Google. If you do not want your activity on this Website to be tracked by Google Analytics, you may opt out by using this link: http://tools.google.com/dlpage/gaoptout?hl=en.
- Internet Based Advertising: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Services and other websites, apps or online services, based on information relating to your access and use of our Services and other websites, apps and services on any of your devices, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit http://www.aboutads.info/ and http://www.networkadvertising.org/ to opt out in mobile apps. You may also opt out in Twitter by going to your account privacy settings and unchecking the box next to "Tailor ads based on information shared by ads partners."
- Do Not Track Signals: At this time, we do not respond to browser 'do not track' signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our website. You can learn about how to exercise choice regarding the collection of information about your online activities over time and across third party websites or online services by visiting http://www.aboutads.info/ and http://www.networkadvertising.org/.
- Data Collected Automatically: In addition to any Personal Information or other information you choose to provide to us or that we otherwise collect about you as described in this Privacy Notice on the Services, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain website usage information whenever you visit or interact with the Services. This information may include browser type, operating system, the page served, the time, the source of the request, the preceding page view, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable. When analyzed, usage information helps us determine how our Services are used, such as what types of visitors arrive at the Services, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your website usage information with the Personal Information you provide, but we will treat the combined information as Personal Information.
We use information in a variety of ways, including to analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services.
As aggregated, de-identified or anonymized information does not constitute Personal Information, we may use it for any purpose.
- Cookies: Our Services may use "cookies" and similar technologies (collectively, "cookies"). Cookies are small text files this Website sends to your computer for recordkeeping purposes; this information is stored in a file on your computer's hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so we can use these to improve your next visit to our Website.
Why and How We Use Your Information
We may Process Personal Information in connection with any of the following:
- Our business transactions with you, including, but not limited to:
- Entering into or performing a contract with you.
- Responding to your inquiries and fulfilling your requests.
- Sending administrative information to you, for example, information regarding the B2B Services or an event you are attending.
- Completing and fulfilling any purchases or requests for B2B Services.
- For our legitimate business interests, including, but not limited to:
- Personalizing your experience on the Services by presenting products and offers tailored to you.
- Allowing you to participate in sweepstakes, contests, and similar promotions, and administering such activities (each of which may have additional rules and could contain additional information about how we Process your Personal Information).
- Facilitating social sharing functionalities of your social media account(s).
- Carrying out data analysis, audits, fraud monitoring and prevention, internal quality assurance, developing new products, enhancing, improving or modifying our Services, identifying usage trends, auditing use and functionality of our Services, helping enforce compliance with our Terms of Use, helping protect our Services, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- Subject to your marketing preferences (which may include consent to marketing under applicable law), to send you newsletters or marketing communications we believe may interest you, for our own products and services, and on behalf of our Affiliates or selected third parties in accordance with applicable law.
- In accordance with any consent you may have provided. You have the right to decline to provide your consent and, if consent is provided, to withdraw it at any time.
- As necessary or appropriate for legal reasons, including, but not limited to:
- Under applicable law.
- Complying with legal process.
- Responding to requests from public and government authorities, including those outside your country of residence.
- Enforcing our terms and conditions in connection with the Services or any B2B Services.
- Protecting our operations or those of any of our Affiliates, or other third parties.
- Protecting our rights, privacy, safety or property, or that of our Affiliates, you or other third parties.
- Allowing us to pursue available remedies or limit damages we, our Affiliates, or other third parties, may sustain.
When We Disclose Your Information
We may disclose your information as follows:
- Affiliates: We may disclose your Personal Information to any other entity that is directly or indirectly controlled by, or under common control with us, including but not limited to any member of the Panorama Group of Companies ("Affiliates") for the purposes described in this B2B Privacy Notice, including under "Why and How We Use Your Information," unless otherwise prohibited by applicable law. You can find more information about our primary operating Affiliates in our Annual Report as of the date the Annual Report was published or by contacting us at the contact information set forth below in the section titled "How Can You Contact Us?".
- Vendors and Service Providers: We may disclose your Information to vendors and service providers we retain in connection with our business such as: travel services companies, financial services companies, property owners’ associations, vacation insurance companies, website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, legal advisers, accountants, auditing services or others.
- Business Partners, Sponsors, and Other Third Parties: We may disclose your Information to other Business Relations, co-sponsors of promotions, and other third parties in order to provide you with B2B Services that may interest you. For example, we may co-sponsor promotions, sweepstakes, or other events with a third party and may share your Information in connection with these events. If you provide additional information to any of these third parties, such information provided to these third parties will be subject to each third parties’ own privacy practices and policies.
- Message Boards: We may make reviews, message boards, blogs, and other such user-generated content facilities available to users. Any Personal Information disclosed in these areas becomes public information and you should always be careful when deciding to disclose your Personal Information. We are not responsible for privacy practices of other users including website operators to whom Information is disclosed.
- Change in Control: We may disclose your Information to a third party (e.g., prospective buyers and insolvency practitioners) in connection with any change in control of any part of our business or the business of any of the T+L Affiliates, including, without limitation, merger, consolidation, divestiture, spin-off, purchase of all or a substantial portion of our assets, dissolution, liquidation, administration, receivership or other form of insolvency.
- Disclosure Permitted by Law: We may disclose your Information to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your information, if required or permitted to do so by law or legal process, to respond to claims, or to protect our rights, interests, privacy, property or safety, and/or that of our Affiliates, you or other third parties.
Safeguarding Your Information
We will take reasonable steps to protect the Information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all Information you provide to us via the Services.
Other Important Information
- Information Provided on Someone Else’s Behalf: If you provide us with information about someone else, please ensure you have the person’s permission to do so for the purposes detailed in this B2B Privacy Notice.
- Links to Websites: The Services may have links to other websites that are not operated by us; we have no control over how these websites may collect your Information and no liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites before you submit your Personal Information through them.
- Social Media Sites: Please note that we are not responsible for the collection, usage and disclosure policies and practices (including data security) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with our applications or social media pages.
- Sensitive Personal Information: The Personal Information we collect from you may include sensitive Personal Information, which we only collect with your consent. We limit the use of your sensitive Personal Information to that use which is necessary to perform reasonably expected services or as required by law. If you refuse to provide such information, it may affect the delivery of our services or make us unable to provide services to you. However, unless specifically requested, we ask that you not send us, and you not disclose, on or through the Services or otherwise to us, any sensitive Personal Information such as Social Security number, passport number, driver’s license number, or other government-issued identification number; financial account details, with or without any information that would permit access to the account, or credit history; or information on race, religion, ethnicity, sexual practices or sexual orientation, medical or health information, genetic or biometric information, political or philosophical beliefs, trade union membership, background check information or criminal records.
- Minors: We do not knowingly collect, maintain or use Information provided by individuals under 16 years of age in connection with, and no part of our websites, social media pages, and mobile and software applications is directed to, individuals under the age of 16. If we do discover we have collected Personal Information from minors in violation of applicable law, we will delete it.
- International Transfers: We are an international company and we may, subject to applicable law, transfer your Personal Information, to any of the T+L Affiliates or selected third parties outside the country where you are located and where information protection standards may differ (e.g., your Personal Information may be stored on servers located in other jurisdictions). We will utilize appropriate safeguards governing the transfer and usage of your Personal Information.
- Retention Period: We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this B2B Privacy Notice unless a longer retention period is required or permitted by law.
- Changes to Our Privacy Notice: From time to time we may revise this B2B Privacy Notice. Updated versions will be posted on the respective Services.
Your Choices and Rights
- Changes to Your Marketing Preferences: You can change your marketing preferences by:
- Using the unsubscribe function in the email you receive from us;
- Logging into your account (if the Service offers an account with such functionality); or
- Contacting us as set forth under "How Can You Contact Us?" below.
- Withdrawing Your Consent: You may withdraw any consent you have provided to us to Process your information at any time.
- Accessing your Information: In accordance with applicable law, you may access the Personal Information we Process about you.
- Any request to access or obtain copies of your Personal Information must be made in writing by contacting us as set forth under "How Can You Contact Us?" below. We may also ask you to log into your account, verify your identity and to provide further details relating to your request.
- Correcting your Information: We will take reasonable steps to ensure the accuracy of the Personal Information we retain about you. It is your responsibility to ensure you submit true, accurate, and complete information to us, and timely update us in the event this information changes. You may request that any inaccurate or incomplete Personal Information held by us or on our behalf is corrected, by contacting us as set forth under "How Can You Contact Us?" below.
- Deleting your Information: Under certain circumstances, you may request we delete Personal Information we hold about you by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we are required to delete this information.
- Objecting to Processing: If you would like us to stop Processing your Personal Information, you can request this by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we have any justification for the continued Processing.
- Transferring your Information: Under certain circumstances, you may receive your Personal Information in a format that allows you to send it to another company or to direct us to transfer it directly to another company.
Other Global Jurisdictions
A. Your Australia Privacy Rights
1. This section of our B2B Privacy Notice applies specifically to individuals located in Australia. If you are located in Australia, to the extent of any inconsistency between this section of our B2B Privacy Notice and the remaining sections of our B2B Privacy Notice, this section will prevail.
2. This B2B Privacy Notice applies to the Panorama group of companies. Each entity in the T+L Group of Companies may share your Personal Information with other entities within the group.
3. Definition of "Personal Information"
3.1. For individuals located in Australia, "Personal Information" includes an opinion about you.
4. By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this B2B Privacy Notice and any other arrangements that apply between us. We may change our B2B Privacy Notice from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current B2B Privacy Notice.
5. In the course of providing you with products or services, we collect Personal Information in a variety of ways. Unless it is unreasonable or impracticable to do so, we collect your Personal Information from you directly. In some cases however, we will collect information about you from a third party. For example, we may collect Personal Information about you from third party service providers or agents assisting us to provide products or services to you.
6. Overseas disclosure of Personal Information
6.1. As part of a global business, we may disclose your Personal Information to recipients that are located outside of Australia, including to our Affiliates located in the United States, United Kingdom, and Singapore.
6.2. When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that Personal Information in compliance with the Privacy Act 1988 (Cth) and the associated Australian Privacy Principles (APPs). We will, however, take reasonable steps to ensure that any overseas recipient will deal with such Personal Information in a way that is consistent with the APPs.
6.3. The privacy and collection practices of entities to which we disclose Personal Information are governed by their own privacy policies and collection notices.
7. Correcting Personal Information
7.1. If you believe that the Personal Information we hold about you is inaccurate or incomplete, please contact us and we will use all reasonable efforts to correct the information.
7.2. If we do not believe the information to be incorrect, we will take reasonable steps to add a statement to the Personal Information stating that you believe the information is inaccurate, incomplete or out of date.
8. Complaints
8.1. If you have a complaint about our collection, use or disclosure of your Personal Information, or you wish to make a complaint about a breach of the APPs, please contact us at the details set out above. You can also make a complaint to the Office of the Australian Information Commissioner. Further information is available at www.oaic.gov.au.
How Can You Contact Us?
If after reviewing this B2B Privacy Notice, you have any questions, complaints or privacy concerns, or would like to make any requests in relation to your Information, or obtain further information on safeguards used for international transfers please send an email to our Privacy Officer at [email protected] or send a letter to:
Panorama
Attn: Legal Services-Privacy
6277 Sea Harbor Drive
Orlando, FL 32821
If you have a complaint or concern about how we Process your Information, we will work to address such concern(s). Also, you may contact us at [email protected]. You may also direct your complaint/concern to the applicable data protection authority.
Seller of Travel
- Travel services may be provided by a third party under contract with Resort Rental, LLC/RCI, LLC. The terms and conditions of [CLUB NAME] and any applicable third party providers will apply to your booking. RCI, LLC and Resort Rental, LLC, disclaim all responsibility in connection with any third-party services.
- Registration as a Seller of Travel does not constitute approval by the State of California. Exchange: CST: 2081369-50. Fla. Seller of Travel Reg. No. ST-36515. Washington Seller of Travel Reg. No. 602560941.
- Rental offer and rental inventory are made available by a Florida licensed entity Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX), whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, License Number: CQ1059961.
- Hawaii TAT Broker ID #TA-023-193-6000-01
Terms of Use
Please read these terms of use ("Terms") carefully before using the Web Services (defined below).
By accessing and/or using the Web Services, you agree to these Terms.PLEASE DO NOT USE THE WEB SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama." Panorama’s business operations includes many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Extra Holidays, Love Home Swap, TripBeat, @Work International, Alliance Reservations Network, and Resort Rentals, LLC (collectively "Panorama," the "Panorama Group of Companies" "we", "us", or "our"). These Terms constitute a contractual agreement between you ("you" or "your") and us regarding your use of the services covered by these Terms ("Web Services"). The Web Services include our websites, mobile websites, and other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products and delivery of our content to you at your request). You should print a copy of these Terms for your records.
IMPORTANT NOTICE: These Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Web Services.These are found in Sections 10 and 11 below. These Terms only apply to provision of, use of and your conduct in relation to the Web Services. They do not apply to any memberships, products, services or other items made available through the Web Services. These are governed by their own Terms and Conditions. Please read these Terms carefully and make sure that you understand them before continuing with your use of the Web Services to access our memberships, products or services. You should also read our Privacy Policy, which also governs your use of the Web Services, and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Web Services.
Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to the Web Services in addition to our other remedies.
1. CHANGES TO THE TERMS OF USE AND/OR WEB SERVICES
These Terms are meant to protect all of the visitors to and users of the Web Services, and your access to and use of the Web Services signifies your agreement with these Terms. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of the Web Services, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use the Web Services after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THE WEB SERVICES AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. However, any changes to the Arbitration and Governing Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may restrict access to the Web Services or any portion thereof, to users, including registered users, consistent with applicable law and any additional terms governing the particular Web Service.
2. PRIVACY
We and our affiliates (being any other entity that is directly or indirectly controlled by, or under common control with us) understand that you value your privacy and wish to have your personal information kept secure. We will collect, use and disclose your personal information (including but not limited to, registration data and certain other information about you that you may submit or provide to us through the Web Services) in accordance with our Privacy Notice. By providing your personal information to us, you confirm you have read and accept our Privacy Notice.
3. PURCHASES MADE VIA THE WEB SERVICES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Services, including reservations, bookings, rewards programs or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.
4. LINKS TO THIRD PARTY SITES
The Web Services may permit you to link to other web sites or applications that may or may not be affiliated with the Web Services and/or with us. These other linked web sites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, "Providers"), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third party web sites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those web sites and applications. We provide links to third party websites and applications for your convenience and information only, and you use them at your own risk.
Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Web Services or provide any links that state or imply any sponsorship or endorsement of your web site by us.
5. USE OF THE WEB SERVICES & INTELLECTUAL PROPERTY RIGHTS
We control and (either ourselves and/or through our third-party host) operate the Web Services. All content available through the Web Services ("Content"), including but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of us or our Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on the Web Services or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of the Web Services, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by email or other electronic means) for commercial use without the prior written consent of us or our Providers. You may request consent by faxing a request to our Legal Department at 407-626-5222. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of us or our Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on these Web Services, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of ours, or otherwise incorporate into another website any of the Content or other materials in these Web Services, without our express prior written consent. You may not deep link to any page of portions of this website without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of these Web Services provided that you do not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of us, our affiliated or related entities or Providers without our express prior written consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by these Terms, is considered intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
Intellectual Property - Legal
Panorama
6277 Sea Harbor Drive
Orlando, FL 32821
Telephone: 407-626-2018
Fax Number: 406-626-5193
Email Address: [email protected]
6. USER’S RESPONSIBILITIES
You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use the Web Services immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any legally permissible reason, including for violation of these Terms.
You are solely responsible for the content, accuracy and your use of your User Information, as defined herein, and we merely act as a passive conduit for your online publication of your User Information. As used in these Terms, "User Information" means any information or data that you submit to or through the Web Services and any information or data that is generated by the Web Services as a result of your use of or access to the Web Services. Special rules and/or restrictions may apply to your Personal Information or Sensitive Personal Data. For more information on these special rules and/or restrictions, please review our Privacy Notice.
In the event that you are provided with user identification numbers or codes, confirmation numbers, login credentials and/or passwords (as applicable) in the use of the Web Services (collectively, "Login Information"), you shall maintain such Login Information in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your Login Information. It is also your responsibility to immediately notify us upon your knowledge or belief that such Login Information is, or may be, subject to a breach of confidentiality. We may suspend or terminate your access to the Web Services if we believe or have reason to believe a breach of these Terms has occurred including, without limitation, you having shared your Login Information with a third party.
You agree to provide true, accurate, current and complete User Information. If you provide any User Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity, and refuse any and all current or future use, of the Web Services.
7. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of the Web Services, and you agree not to use or permit others to use the Web Services, to do any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services’ infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties, your Login Information for any unauthorized or prohibited purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of your Login Information;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Web Services;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of the Web Services or our, our affiliated or related entities’ or the Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, robots, spiders, scrapers, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise, which includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided via the Web Services;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with the Web Services;
(g) upload, post, email or otherwise transmit any User Information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships;
(h) violate any applicable local, state, national or international law; and
(i) use, permit another person or entity to use, or assist another person or entity in using any robot, spider, intelligent agent, meta-searching, scraper, script or other automatic device or means, or manual process to access, use, search, monitor or copy the Web Services’ pages, domain, or the Content without our prior written permission, provided that generally available third party web browsers such as Netscape Navigator®, Microsoft Internet Explorer®, Microsoft Edge®, Mozilla Firefox®, Safari®, Google®, Google Chrome®, Opera®, Maxthon®, Avast Secure® or Avant® may be used without such permission.
8. INFORMATION POSTED TO THE WEB SERVICES
With respect to all User Information you elect to post to publicly accessible areas of the Web Services, you agree that we have the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, perform and display such User Information (in whole or part) on a worldwide basis, without notice or compensation to you, provided that such use is in accordance with the terms of our Privacy Notice.
You acknowledge and agree that we may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and/or the public.
9. ELECTRONIC COMMUNICATIONS
When you visit the Web Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications that we provide to you via such electronic means satisfy any legal requirement that such communications be in writing.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, it is possible that information contained or made available on the Web Services may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Web Services will be uninterrupted or error free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other security intrusion.
If you notice any errors or omissions in the information contained on the Web Services or other concerns, please report them to us for investigation.
THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEB SERVICES, THE CONTENTS THEREOF, OR THEIR HYPERLINKS TO OTHER INTERNET RESOURCES.
Limitation of Liability. We, our parents, subsidiaries, affiliates, officers, directors, employees and agents (the "Panorama Parties") shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided on the Web Services, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of User Information to the Web Services, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Panorama Parties’ negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.
Indemnification. You agree to indemnify, defend and hold harmless the Panorama Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.
The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law and shall inure to the benefit of us, our affiliates, and/or our respective suppliers.
11. ARBITRATION
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.
TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE WEB SERVICES, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN YOU AND THE PANORAMA PARTIES, BOTH YOU AND THE PANORAMA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE PANORAMA PARTIES MUST BE ARBITRATED IN FLORIDA. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PANORAMA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Panorama Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://adr.org/.
12. GOVERNING LAW
We operate the Web Services from our offices within the State of Florida, USA (which may be subject to change from time to time in our sole discretion). The Web Services can be accessed from all 50 U.S. states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Web Services, you agree that these Terms and your use of the Web Services shall be governed in all respect by the internal substantive laws of the State of Florida, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Orange County, Florida for all disputes, cases and controversies regarding the Web Services, your use of the Web Services, and your relationship with us. Although the Web Services can be accessed outside the United States, we make no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. MESSAGE BOARDS
In the event that we provide message boards, web logs or blogs, or discussion forums on the Web Services (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that you have all necessary rights and permissions to post any uploaded materials and that all moral rights in any uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Forums, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. We do not endorse any User Information posted on the Web Services.
You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or other Content posted by other Users of the Web Services, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content we create or information submitted to us by third parties, including without limitation, information in the Forums, and in all other parts of these Web Services.
14. LOCATION-BASED SERVICES
Your device may be location-enabled, meaning that the device is capable of accessing Content or services that make use of a user’s location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Web Services use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
15. THIRD-PARTY SERVICES
If you access the Web Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of these Terms. However, these third-party beneficiaries are not a party to these Terms. You agree that your access to the Web Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of use or service. You represent to us that you have read and agreed to those terms.
16. OTHER GENERAL PROVISIONS
These Terms are for the benefit of each of us, our affiliated, managed or related entities and the Providers, and each of our and their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Web Services. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and we are dealing at arms’ length, creating a commercial relationship. We are not your agent or your fiduciary. Many of our businesses and facilities are independently owned and operated by third parties. In such cases, these third parties manage and operate the facilities, and they engage the employees and entities who work at the facilities. These third parties are independent from us, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between us (including the Providers), our affiliated or related entities, and you relating to the subject matter hereof, and supersede any prior agreements or understandings not incorporated herein.
PANORAMA RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
If you have any questions or concerns about the Web Services or these Terms, please contact us at:
PANORAMA
Attn: Legal Department
6277 Sea Harbor Drive
Orlando, FL 32821
Last Update: July 7, 2021