SOR TERMS AND CONDITIONS
These SOR Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between arrivia (“arrivia” “We” “Us” and “Our”) and each person who browses this site, shops for travel, and/or purchases products and services marketed herein, including the guests of the purchaser (Collectively referred to herein as a “Member,” “Subscriber,” “You,” or “Your”) By purchasing products and services through SOR, Purchaser acknowledges and agrees to be bound by these Terms and Conditions and any Travel Provider Terms which are incorporated herein. Additionally, Purchaser agrees that it is Purchaser’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through SOR of the contents of these Terms and Conditions and all applicable Travel Provider Terms.
arrivia located at 2173 Salk Ave., Suite 300, Carlsbad, CA 92008. SOR is a registered seller of travel in the following states: Florida # ST37737, Washington UBI# 602986393, Hawaii # TAR7224 (Hawaiian travel agency trust account named SaveOnResorts.com, LLC and # 0089572185 is held at Bank of Hawaii; Iowa 1034 and California #CST 2099136. Registration as a seller of travel does not constitute approval by the State of California. California requires certain sellers of travel to have a trust account or bond. SOR maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $5,000.00.
Transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at:
www.tcrcinfo.org. Passengers purchasing travel services from outside of California are not covered by the Restitution Fund.
Travel Insurance Plans
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA's products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states that We carry Our own producer license, or equivalent, the numbers are (AL 775746; AZ 1800013059; CT 2485378; HI 447049; ID 593498; MA 2045853; MI 0111010; MT 100129788; NY 1279084; OH 1128528; PA 794952; SC 210204; WV 100231297).
Provision of Information
Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party travel providers. While SOR makes reasonable efforts to ensure that this information is accurate and complete, SOR expressly disclaims liability for inaccurate, incomplete, or misleading information.
HOTEL TAXES AND FEES
To facilitate your transactions with Us, We will charge your payment method for “Taxes and Fees.” “Taxes and Fees” includes an the estimated total that we will pay to the hotel or supplier for taxes and government fees it owes related to your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and/or other similar taxes. The amount paid to the supplier for taxes and fees may be less than the amount we estimate and charge to You. The balance of the charge for Taxes and Fees is a service recovery fee we retain as part of the compensation for our services and to cover Our costs for making reservations, including, for example, customer service costs. We may also include Our service fee in the Taxes and Fees section, which is a fee You paid to Us. 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, and may include profit that we retain.
Depending on the type of booking You make through Us, You may be charged additional fees by Our suppliers, including, but not limited to: 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;Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
Our suppliers may require you to put a payment method on file upon check in to pay these and/or other charges directly to the supplier upon check out. Contact the supplier directly to determine what charges apply to your reservation.
Additionally, suppliers 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.
Contact the supplier with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.
All products and services marketed herein are available for purchase by Destinations™ Exchange Program participants only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through SOR.
Cancellations made will be subject to the individual provider’s cancellation policies, and will be disclosed at time of booking.
UPLIFT – PAYMENT PROGRAMS
Uplift is a third-party provider of payment programs that provides payment options for You. Any transaction, agreement, or arrangement that You enter into with Uplift is solely between You and Uplift. We are not a party to such transaction, agreement, or arrangement and disclaim any responsibility or liability for the same. Further, Uplift is solely responsible for the content, materials and/or information contained in any Uplift websites that may be accessed via Our site. Such links are provided by Us solely for your convenience.
LIMITATION OF LIABILITY
SOR SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SOR’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF SOR WILL BE LIMITED TO THE FEES PAID BY PURCHASER FOR THE TRAVEL PURCHASE. IN NO EVENT WILL SOR BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO SOR’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF SOR.
These Terms and Conditions and the website shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Purchaser or a Purchaser’s guest, whether using any product or service or traveling with the Purchaser or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against SOR or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Purchaser or Purchaser’s guest initiates an action at law or in equity and SOR prevails, that Purchaser or Purchaser’s guest shall pay all costs incurred by SOR in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
CLASS ACTION WAIVER
PURCHASER AND SOR 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 PURCHASER OR SOR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH PURCHASER OR SOR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. PURCHASER AND SOR FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PURCHASER AND SOR AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) 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.
DISCLAIMER OF WARRANTIES
All of Our content, products, and services provided to You is 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 or our Website, and/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 website will operate error-free or uninterrupted, that defects will be corrected, or that Our website and/or its servers will be free from viruses and/or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on our Website and/or 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.
We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by Us to You, including but not limited to information, content, products, services, text, and graphic or video content.
Without limiting the foregoing, no representation, warranty, or guarantee is made:
a. Regarding the acceptance of any request;
b. That You will receive the lowest possible price for the products, services, and/or goods We advertise and/or You purchase;
c. Regarding the availability of products, services, and goods advertised by US;
d. Regarding the results that may be obtained from using Our products or services.
DISPUTE RESOLUTION POLICY
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any services, programs or products marketed hereunder, 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 Purchaser and SOR and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. Purchaser hereby consents to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, SOR may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
TELECOMMUNICATIONS AND AGREEMENT TO BE CONTACTED
Call Recording and Monitoring. You acknowledge that telephone calls to or from Us to You may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not Your own. If We discover that any information provided in connection with your registration is false or inaccurate, We may suspend or terminate Your account at any time. Should any of your contact information change, including ownership of Your telephone numbers,You agree to immediately notify Us before the change goes into effect by texting STOP to any text message, calling Us at 855-678-8731, or email Us at
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing Your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Us related to marketing, promotions, your account, any transaction, and/or Your relationship with Us. You acknowledge that automated calls or text messages may be made to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree that We may obtain, and You expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by You or Your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Us, even if You cancel your account or terminate your relationship with Us, except if You opt-out (see below). You understand that You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message You receive, call Us at 855-678-8731, or email email@example.com and specify that You want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming Your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which You are subscribed. If You would like to stop messages from multiple shortcodes, text STOP to each shortcode to which You would like to unsubscribe. To opt-out of automated voice calls (not text messages), You must (i) call 855-678-8731 or send with written notice to firstname.lastname@example.org revoking Your consent to receiving automated calls; and (ii) in Your notice, You must include your full name, mailing address, account number, and the specific phone number(s) for which You wish to stop automated calls. It is Your sole responsibility to notify Us if You no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls or text messages, We reserve the right to make non-automated calls to You.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Us. However, You may incur a charge for these calls or text messages from Your telephone carrier, which is Your sole responsibility. Check Your telephone plan and contact Your carrier for details. You represent and warrant that You are authorized to incur such charges and acknowledge that We are not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify Us immediately of any breach of security or unauthorized use of Your telephone device. Although We will not be liable for losses caused by any unauthorized use of Your telephone device, You may be liable for Our losses due to such unauthorized use.
Your Indemnification of Us. You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to Your voluntary provision of a telephone number that is not owned by You and/or Your failure to notify Us of any changes in Your contact information, including telephone number. You agree to indemnify, defend and hold Us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at Your expense, to defend any such claims.
Release of Claims. In consideration of the services provided by Us, You hereby release Us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service. OFAC and Export Control
TRAVEL SANCTIONS AND REGULATIONS
The United States Department of the Treasury through the Office of Foreign Assets Control ("OFAC") has issued comprehensive sanctions against various countries, currently and specifically: Cuba; Crimea Region of Ukraine, Iran, North Korea, and Syria. Additionally, We are prohibited from doing business with anyone who is identified on the OFAC maintained Specially Designated Nationals and Blocked Persons List (“SDN”), and or any other similar lists published by OFAC (collectively, the “Lists”).
These sanctions and Lists limit the ability for Us, Our affiliates and Our travel suppliers, vendors and related companies to conduct business with these countries and their citizens, and any individuals on the Lists. For this reason, We will be unable to accept Your enrollment or purchases online, on the phone, or via any other source, unless You can satisfy the following conditions:
In the event we need to verify the above information, You agree to provide the necessary information to us in order to verify that SOR is not prohibited from providing products and services to you, otherwise we are unable to provide products or services to you.
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