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Congratulations on your participation in the CruzVTT Cruise Membership Program, which provides you with access to the CruzVTT Benefits outlined in this Participation Agreement and at www.CruzVTT.com. As a Member, your participation in the CruzVTT Program and access to the CruzVTT Benefits is subject to these Terms and Conditions and other related materials as may be established from time to time, each of which are incorporated herein.
- Vacation Tour & Travel, Inc. Vacation Tour & Travel, Inc. (“VTT”) owns the CruzVTT Program. VTT is located at 225 Tilk Rd, Conway, AR 72032 and may also be reached at (855)-CruzVTT [(855) 278-9888] and info@CruzVTT.com. VTT, together with its affiliates, contractors, and partners, including Carnival Cruise Lines, a division of Carnival Corporation, operates, administers and fulfills the services and benefits of the CruzVTT Program. VTT is registered with the State of Florida as Seller of Travel. Registration No. ST 37152. CST #2101394. Registration as a seller of travel does not constitute approval by the State of California.
- CruzVTT Benefits. The CruzVTT Program provides Members and their immediate family with access to the following CruzVTT Benefits and services: (a) Members only access to www.CruzVTT.com; (b) Member preferred pricing of an average of 25% and up to 50% off Carnival Cruise Line’s lowest published rates; (c) complimentary enrollment in the Carnival VIFP Club, Carnival Cruise Line’s official loyalty rewards and recognition program; (d) access to a Members only Personal Cruise Counselor; (e) Priority notification of special offers such as weekly cruise specials and new Carnival Cruise Lines ships and itineraries; (f) Priority access to discounted cabin upgrades; (g) Member preferred pricing for family and friends cruising with Member on the same sailing; (h) the ability to earn special bonus gifts upon 3 or more cruise bookings; and (i) such other related services and benefits as may be offered and fulfilled in connection with the CruzVTT Program from time to time.
Access to each CruzVTT Benefit is subject to availability, may be changed from time to time, and VTT provides no guaranty or assurance that any specific discount, benefit or service will be available. CruzVTT Benefits have no independent cash or other monetary value and cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated otherwise in the applicable coupon or discount. Without limiting the foregoing, the CruzVTT Benefits cannot be used in conjunction with employee, preferred friends, corporate, or institutional discounts. VTT may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with CruzVTT Benefits. Please refer to www.CruzVTT.com for current and complete details. VTT is not affiliated with, nor an agent of, Carnival Cruise Lines ®, and VTT is solely responsible for performing its obligations under this Agreement.
- Enrollment Fee and Annual Fees. The Enrollment Fee payable to VTT for participation in the CruzVTT Program for the Initial Term is currently $99.00. Thereafter, the Annual Fee payable to VTT for continued participation in the CruzVTT Program after the Initial Term is currently $99.00 per each succeeding 12-month period, but may be increased in the reasonable discretion of VTT.
- Participation in the CruzVTT Program. Participation in the CruzVTT Program and access to the CruzVTT Benefits may only be obtained from or with the approval of VTT. Member’s participation in the CruzVTT Program and access to the CruzVTT Benefits shall commence upon VTT’s receipt and acceptance of this Participation Agreement and the Enrollment Fee and shall continue for an initial term of twelve (12) months thereafter (the “Initial Term”). After expiration of the Initial Term, Member may voluntarily continue participation in the CruzVTT Program for additional twelve (12) month periods (any such additional period is an “Additional Term”) provided that VTT continues to offer and maintain the CruzVTT Program and VTT receives payment of the then current Annual Fee. VTT will provide Member with an Annual Renewal Statement (via email-if provided above or regular mail) at least seven (7) days prior to expiration of the current Term. If VTT does not receive payment of the Annual Dues upon the expiration of the Initial Term or any Additional Term, then such may result in termination of Member’s right to continue participation in the CruzVTT Program. Payment to VTT of a Re-instatement Fee (in an amount to be determined in VTT’s sole discretion) in addition to the unpaid Annual Dues, may then be required to continue to enjoy participation in the CruzVTT Program. Member must be in compliance with all of Member’s obligations in order to access the CruzVTT Benefits. Member may discontinue participation in the CruzVTT Program at any time and VTT may discontinue offering and maintaining the CruzVTT Program at any time.
VTT reserves the right, in its sole discretion, to exclude any individual(s) from the CruzVTT Program or to terminate any Member’s participation for any reason, including, without limitation, abuse of the CruzVTT Program, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of VTT or Carnival Cruise Lines. Any such exclusion or termination may affect eligibility for further participation in the CruzVTT Program and/or any other VTT or Carnival Cruise Lines program.
- Member’s Representations. Member represents that (a) he/she is of legal age and capacity to participate in and to use the CruzVTT Benefits; (b) participation in the CruzVTT Program and access to the CruzVTT Benefits is solely for personal enjoyment and consumption and not for resale or profit; (c) no aspect of the CruzVTT Program has been represented to Member as an investment opportunity; (d) no representations have been made concerning rentals, rental pools, returns, tax advantages, depreciation or investment potential; (e) this Agreement and the other related information contained in the CruzVTT Program website are the only instruments relative to the rights and obligations as between VTT and Member and no representations, oral or written, may otherwise be relied upon; including but not limited to, any such representations made by or on behalf of any third party; (f) Member understands and agrees that the terms and conditions of participation in the CruzVTT Program and access to the CruzVTT Benefits may be changed by VTT from time to time and such changes shall be deemed to be incorporated herein and made part of this Agreement.
- Subject Matter of the CruzVTT Program. Participation in the CruzVTT Program and access to the CruzVTT Benefits does not provide you with direct ownership in, or any contractual right of exclusive occupancy of, any specific accommodation or facility. You are not (a) acquiring any legal or beneficial interest in VTT; (b) entitled to any share of income, gain or distribution of or by VTT or any of its affiliates; or (c) acquiring any voting rights pertaining to VTT or the CruzVTT Program. The CruzVTT Benefits are not obtained or provided from the cooperative purchase of services or merchandise and you are not obtaining ownership or participation in any discount buying service/organization, or the right to purchase goods and services in the future, by this Agreement.
- Changes to the CruzVTT Program and these Terms and Conditions. VTT may in its sole discretion change these Terms and Conditions, including, without limitation, CruzVTT Benefits and fees, at any time and without liability. VTT may notify Member of such changes by any reasonable means, including by posting revised Terms and Conditions on the CruzVTT.com website. Any such changes will not apply to any dispute between VTT and Member arising prior to the date on which VTT posted the revised Terms and Conditions incorporating such changes or otherwise notified Member of such changes. Any such change shall take effect immediately, unless otherwise provided by VTT. Member may view the current version of the Terms and Conditions at CruzVTT. Member may also obtain a copy of the current Terms and Conditions by calling VTT Customer Service at (855)-CruzVTT [(855) 278-9888]. It is Member’s responsibility to check or review the Terms and Conditions from time to time to keep informed of any changes. If Member does not agree to any changes, Member may stop using the CruzVTT Benefits, and may cancel participation after VTT posted or otherwise notified Member of such changes. If Member continues to use the CruzVTT Benefits after VTT changes these Term and Conditions, or if Member does not cancel their participation in the CruzVTT Program as described above, Member will be indicating their acceptance of such changes. If any change to or provision of these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.
- Marketing and E-Mail Communications. Unless Member expressly opts-out, by joining the CruzVTT Program Member, to the extent permitted by applicable law, automatically subscribes to VTT’s Marketing and E-mail Exclusives and will receive, and agrees to receive, promotional mail and emails from VTT and its affiliates. Unsubscribing from VTT’s marketing and/or email exclusives will not discontinue participation in the CruzVTT Program. If Member does not wish to receive future marketing and/or email exclusives, Member can request that they be discontinued by updating their Member profile at CruzVTT.com and/or by calling CruzVTT Customer Service. VTT will seek to implement your request within a reasonable time period. Members who unsubscribe from VTT’s Marketing and/or E-mail Exclusives will continue to receive non-marketing e-mails, U.S. mail and other communications from VTT relating to the CruzVTT Program. By providing your phone number to VTT, Member expressly consents, requests, and agrees that VTT may contact Member at that number by phone (including through the use of autodialed calls and/or prerecorded messages) and/or by text message, including calls and texts for marketing purposes. Member’s consent to receive marketing calls or texts is not a condition of participation in the CruzVTT Program or of any other purchase. Member’s carrier’s message and data rates may apply to calls and texts to Members cell phone and other devices.
- Assignment. The benefits, services, privileges or obligations of participation in CruzVTT are personal to Member and are not assignable or transferable, in whole or in part, by Member. VTT may assign all or any part of its right, title and interest in, under or to the CruzVTT Program to a third party determined by VTT including, without limitation, the assignment to alternative suppliers of the benefits, services, and privileges to be provided hereunder; provided that no such assignment shall materially and adversely affect any rights of Member to receive the CruzVTT Benefits. Upon assignment to a third party, VTT shall be released from all duties, claims, demands, or causes of action arising from or relating to the CruzVTT Program occurring after the date of assignment.
- Intellectual Property. As between you and VTT, all CruzVTT Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of VTT or Carnival Cruise Lines, as applicable, and is protected by United States and international copyright and other intellectual property laws. Carnival®, Carnival Cruise Lines®, The Fun Ships®, the ship names, the ship imagery and any other trademarks and service marks and copyright property used by Vacation Tour & Travel Inc. are owned by Carnival Cruise Lines®.
- Limitation of Liability. You acknowledge and agree that neither VTT nor its affiliates, shall be liable for, and you hereby release such persons from, and waive all claims whatsoever for: (a) any personal or bodily injury, damage, loss or theft of personal property that occurs in connection with your receipt of any CruzVTT Benefits; (b) any damages, losses, penalties, expenses or costs resulting from any act or omission of any third party providing products and/or services in connection with the CruzVTT Program; and (c) any accident, loss, injury, or damage in connection with any accommodations, transportation, cruise, or other services. You further acknowledge and agree that any liability of VTT and its affiliates in connection with any claim or cause of action arising out of or in connection with the CruzVTT Program shall be limited to reimbursement of amounts which you have paid to VTT hereunder.
- Governing Law; Arbitration. This Agreement shall be construed, interpreted, enforced, and governed in accordance with the laws of the State of Arkansas, County of Faulkner, which shall be deemed the proper venue and exclusive jurisdiction for all purposes and to which venue and exclusive jurisdiction Member hereby consents, regardless of Member’s location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN MEMBER AND VTT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND MEMBER AGREES THAT VTT AND MEMBER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. MEMBER AGREES THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND MEMBER IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement.
Rev. August 3, 2016
2016 Vacation Tour and Travel, Inc.