LEISURE TIME PASSPORT TERMS AND CONDITIONS OF MEMBERSHIP

Effective Date: February 27, 2022

The Leisure Time Passport^® membership program is offered by Worldwide Vacation & Travel, Inc. (“WVT”), a Florida corporation, with a place of business at 9995 S.W. 88th Street, Miami, Florida 33176. WVT agrees to provide you with the benefits of membership in the Leisure Time Passport Membership Program (the “Program”) as described in the Leisure Time Passport Membership Portfolio (the “Portfolio”) and/or on the Leisure Time Passport website (“Site”).

The Program is currently provided by WVT and the third-party providers identified below (each, a “Provider”) that have contracted with WVT or its affiliates. Not all Program benefits will be available to all participants in the Program. If you received a Portfolio upon enrollment, please refer to it for the benefits, products and services included in your Program.  The benefits, products and services listed in the Portfolio are those that are available at the time of printing. No guarantee is made that all the benefits, products and services detailed in the Portfolio will be available for the term of your Program membership.

These terms, any state-specific rescission right, as applicable to you, and the terms and conditions specifically applicable to the accommodations, products, benefits, and services of the Program, along with WVT’s Privacy Policy, are collectively referred to as the “Terms.” The use of “you”, “your” and “yours” throughout these Terms refers to any participant in the Program (“Member”) eligible to access the Site, while ‘we’, ‘us’ and ‘our’ means WVT and our respective related companies that provide services for WVT and the Program. You should carefully read the Terms as they form your membership agreement with WVT. We encourage you to retain a copy of all the documents comprising the Terms for your personal records.

RESCISSION RIGHTS

THOSE PERSONS RESIDING IN THE FOLLOWING STATES HAVE STATUTORY RESCISSION RIGHTS THAT ARE DISCUSSED IN DETAIL ON THIS  SITE.  PLEASE CLICK ON YOUR STATE OF RESIDENCE TO REVIEW YOUR RIGHTS:  ARIZONA,  CALIFORNIA, FLORIDA, GEORGIA,  IOWA,  KENTUCKY,  MINNESOTA,  MISSOURI,  NEW HAMPSHIRE, NORTH CAROLINA,  TENNESSEE,  VIRGINIA.

MEMBERSHIP

Your Program membership begins on the date that WVT receives and processes your name, a valid physical mailing address, email address, and phone number (collectively, your “Registration Data”) and the prescribed fee associated with your membership and ends on the expiration date stated in your online Profile.  Program memberships are renewable for one or more years, unless renewal is prohibited by the third party initially enrolling you in the Program.  You may renew your Program membership directly with WVT at the then applicable fee prescribed by WVT based on your country of residence, plus applicable taxes. You must be a Member at the time travel is booked and through the actual confirmed travel dates.  Renewal membership fees submitted by you are refundable on a pro-rata basis (based on the number of full months remaining in the applicable membership period) at your request if you elect to cancel your membership.  Applicable taxes are not refundable. Renewal membership fees may be increased from time to time by WVT, in its sole discretion. Members will be advised of any such increases on the Site.

You agree that:

• • you are eligible to be a Member;
  • you have read, understood, and accept the Terms, including our Privacy Policy;
  • you consent to our processing and use of your personal information, including, but not limited to, Registration Data, and disclosure of such information to Providers and third parties, in accordance with the Terms, including our Privacy Policy;
  • you consent to your receipt of marketing materials from us and the Providers in connection with the Program;
  • you consent to the recording and monitoring of calls between you and us or between you and any of the Providers; and
  • we may, upon occasion, offer various products and services through telemarketing programs and you consent to such solicitation including, but not limited to, solicitations using an automated system for the selection or dialing of telephone numbers, predictive dialing equipment, and/or prerecorded messages. Where you provide a phone number in connection with your membership enrollment, by doing so, you agree that we may contact you on such phone number, regardless of whether such is a residential, business or cell number, for all purposes including, but not limited to, solicitations noted above.

Membership, including the opportunity to earn and use Loyalty Points, is offered in good faith but may not be available to you, if the provision and use of such is prohibited or restricted by applicable law. Program membership is available to all persons 18 years of age or older.  Corporations, groups, and/or associated entities cannot enroll or register as Members.

If you were enrolled or registered in the Program by a third party, i.e., you did not purchase your Program membership directly from WVT, you acknowledge and agree that we and each of our Providers are independent of and in no way affiliated with the person or entity that sold you a membership in the Program, nor is such person or entity an agent or a joint venturer with us or any Provider. You agree that we and the Providers are not responsible for providing any other benefits that may have been sold to you (or provided on a complimentary basis) in conjunction with your enrollment in the Program by such third party (except if you were provided with WVT accommodation certificate(s) in conjunction with such enrollment). Representations made by any person and/or entity other than us are not valid or binding on us.  We reserve the right to modify the Terms, products, benefits, and services offered through this Site or otherwise through the Program and the Providers associated with such, even though your ability to use any Loyalty Points (as defined below) and other Program products, benefits, and services available to you may be affected.

WVT is prohibited from providing the Program, accommodations, products, benefits, or services or otherwise engaging in business with persons residing in countries subject to sanctions by the United States or appearing from time to time on the Specially Designated Nationals and Blocked Foreign Assets Control (collectively “Blocked Persons”). Blocked Persons are ineligible for membership in the Program. By enrolling in the Program, you certify that you are not a Blocked Person as of such date. In the event that you become a Blocked Person, your membership will be immediately terminated. 

You agree to notify WVT if you become aware of any unauthorized use of your Program membership. The Program may only be used for personal leisure purposes and may not be used for any commercial purpose, including, without limitation, the sale, assignment, or other transfer of any Program benefit to a third party for compensation or consideration of any kind.  You are considered a Member in good standing for so long as you are current in the payment of all fees prescribed by us and the Providers, as may be applicable, and in compliance with the Terms.  Any failure to comply with the Terms, any abuse of Program privileges, any conduct detrimental to the interest of us or the Providers or any misrepresentation of any information furnished may result in the termination of your membership.  Termination of your membership for any reason will result in the cancellation of previously reserved or purchased products, benefits, and services, without refund, as well as the forfeiture of any Loyalty Points then in your Account.  Such termination shall not affect any right to relief to which we or the Providers may be entitled, at law or in equity.

By accessing this Site or otherwise using the Program’s products, benefits, and services after we post any such modifications, you accept the Program, its Terms, products, benefits, and services, as modified.   If you do not agree to the Terms or any future modification, please notify us that you wish to cancel your Program membership. In the U.S. and Canada, please call 305.668.3416 or 1-800-977-7116; for Latin America and the Caribbean, please call 1.305.665.1918. We may be contacted via email at Customerservice@Leisuretimepassport.com.

THE SITE, PROFILE AND ACCOUNT CREATION

At the time that you create a Profile on the Site, an account will be set up with us and Leisure Loyalty (“LL”) the Provider of the loyalty portion of the Program, to record your Program activity (your “Account”).  You must create a Profile on the Site prior to booking any travel or using the Program benefits.  In conjunction with the creation of your Profile, you agree to provide true, accurate, and complete information.  You agree to maintain and promptly update the Registration Data as necessary to keep your Profile and Account accurate and complete.  To ensure the accuracy and integrity of the Program membership database, WVT allows you to change your name if you provide independent verification of the change. However, changes to your physical and/or email addresses and phone number are welcomed and should be promptly made by you. If we determine that any Registration Data or other information that you have provided to us is untrue, inaccurate, or incomplete at any time, we may suspend or terminate your membership and may refuse your access to Program benefits and services.

Within your Account, you will have access to your Dashboard, which is provided and maintained by LL.  You may create and store travel profiles for yourself and your travel companions.  When you provide information about your travel companions or other individuals (if, for example, you have arranged to make a booking on their behalf), you represent that you have obtained their authorization to provide their information and have their consent to the use of their information in accordance with the Privacy Policy. If you cannot make these representations, you must not provide us with any personal information about these individuals.

The Site may provide information regarding quality and user ratings for hotels and resorts that are available for booking. The ratings that are displayed on the Site are intended as general guidelines, and we do not guarantee the accuracy of any of these ratings.  Mapping and distances provided on the Site are for informational purposes only and should not be construed as a guarantee or warranty by us of the exact location of resort or hotel.  The Site content is subject to change without notice. The content is displayed in good faith and, while we do not check the accuracy of information from Providers, we correct any errors or omissions once we become aware of same. We reserve the right to cancel a reservation or purchase without liability to you, if a Site error or omission results in a material and unreasonable outcome to you (e.g., if you are confirmed to a 5-star hotel at a nightly rate of $7).  We retain the right in our sole discretion to deny you access to this Site and the accommodations, products, benefits, and services we offer, at any time and for any lawful reason, including, but not limited to, for your violation of the Terms. All transactions and the calculation of Loyalty Points are in U.S. Dollars.

PROVIDER INFORMATION

In addition to the Terms, all reservations and purchases are subject to the terms and conditions specified by each Provider and its suppliers. Please take the time to carefully read and understand the applicable terms and conditions as they may impact the use and enjoyment of your reservations and purchases and your failure to adhere to those terms and conditions could result in the cancellation of your reservations and/or purchases, without refund.  Availability of accommodations, products, benefits, and services are dependent on the availability of such with the applicable Provider and its supplier(s) and, in all instances, is subject to confirmation upon payment. You acknowledge and agree that we do not control any of the Providers, their suppliers or the accommodations, products, benefits, and services and, as such, the assistance that we can provide in solving customer service issues is limited to working in good faith with the applicable Provider and supplier to determine an amicable solution acceptable to all parties.  When you book a reservation or purchase services facilitated by a Provider, your payment information will be collected and processed by us, the applicable Provider, or its supplier.  We cannot (and do not) guarantee the satisfactory resolution of all customer service issues and are not liable for any damage, loss or claims resulting from such customer service issues.

PROVIDER DETAILS

Currently, our Providers are:

Leisure Loyalty, Inc. (“LL”), located at 3100 West Ray Road, Suite 200, Chandler, Arizona 85226, which provides the Loyalty Points portion of the Program and offers access to book hotels, cruises, events, activities, flights, and rental car reservations. 

Allianz Global Assistance which is a provider of travel insurance. Allianz Global Assistance and Allianz Travel Insurance are marks of AGA Service Company dba Allianz Global Assistance, 9950 Mayland Drive, Richmond, VA 23233. Travel insurance may only be purchased for Resort Getaways offered by WVT.

HSP EPI Acquisition, LLC, (“Entertainment”) 1401 Crooks Road, Troy, Michigan 48084 which provides discounts for use at shops and restaurants. 

We reserve the right to modify, cancel, suspend, or terminate participating Providers at any time, with or without notice to you, even though your ability to use any Loyalty Points or Program products, benefits and services may be affected. 

LOYALTY POINTS

Members may earn Program loyalty points (“Loyalty Points”) for booking and completing eligible travel reservations. Completing travel means that you (or other travelers booked on an itinerary using your Program membership), must stay in the prepaid hotel or Resort Getaway you booked, complete the cruise sailing, use the rental car you reserved or use the tickets for the event/activity for which you booked and paid.  Loyalty Points will not be earned for flights/air travel, the purchase of travel insurance, or use of discounts offered by Entertainment.   Eligible Loyalty Points accumulated in your Account can be incrementally used (e.g., redeemed) to reduce the cost of eligible future travel bookings, subject to these Terms. The accumulation of Loyalty Points does not entitle you to any additional rights with respect to any Program accommodations, products, benefits, or services. To book eligible travel and earn or use Loyalty Points, you must be logged into the Site as a Member or contact customer service. We reserve the right to modify, cancel, suspend, or terminate the rules for earning and redeeming Loyalty Points, the expiration policy for Loyalty Points and the products and services for which Loyalty Points may be used. You acknowledge and agree that the use and redemption of Loyalty Points is one of many benefits offered to Members of the Program and that any decision to discontinue, limit, or otherwise modify your use and redemption of Loyalty Points or to discontinue offering a particular Provider or supplier, product or service through a particular Provider based on the redemption of Loyalty Points shall not result in the termination of your Program membership and will not entitle you or any other person to a refund of any membership fees paid by you or on your behalf to participate in the Program.  Members are responsible for any personal tax liability that may be related to the use of Loyalty Points.    

            Earning Loyalty Points:

Except for a Resort Getaway booking, the earning of Loyalty Points will be based on “Your Price” as stated in the booking process.  After making an eligible booking, the anticipated amount of Loyalty Points to be awarded will be held in pending status until travel is completed. As mentioned previously, "completed travel" means that you, or other travelers booked under your Account, must have completed the stay in the prepaid hotel or Resort Getaway booked, completed the cruise sailing, used the rental car you reserved or used the ticket(s) for the event/activity for which you booked and paid. Pending Loyalty Points are not available for redemption usage. Points will be posted to your Account after completion of travel, based on the time periods identified in the Posting/Reconciliation chart below. Once available, Loyalty Points are eligible to be used by the Member for redemption purposes. The amount of Loyalty Points to be awarded is based on the travel booked. Changes or cancellations to the booked travel may result in differences between the estimated amount of Loyalty Points and the ultimate amount of Loyalty Points that are earned by a Member. No Loyalty Points will be awarded for change or cancellation fees imposed by Providers or their suppliers.

Loyalty Points will be rescinded in cases where a Member receives a refund, from either WVT, LL or a supplier. Loyalty Points earned in violation of the Terms or pursuant to fraudulent, sham, or falsified information will be rescinded by LL and your Program membership may be suspended or terminated.

LL has the right to monitor all Member Account activity. If your Account shows signs of fraud, abuse, or suspicious activity, LL may close or freeze your Account immediately, and you may lose your accrued Loyalty Points. If you have conducted any fraudulent activity, LL reserves the right to take any necessary legal action and may have grounds to confiscate any Loyalty Points redeemed as a result of such activity. In addition, you may be liable for monetary losses to WVT and LL, including litigation costs and damages, and you will not be allowed to participate in the Program in the future.

If you believe your Account has been the subject of any suspicious activity, please contact Customer Service immediately. If it is determined you have been the victim of fraud, the Loyalty Points you have earned may be transferred to a new Account on your behalf.

Loyalty Points have no cash value and may not be traded or redeemed for cash. Loyalty Points may not be assigned, sold, transferred, and/or pledged to any third party. You have no property rights or other legal interests in Loyalty Points. You are responsible for any personal tax liability that may be related to participation in the Program and redemption of any Loyalty Points.

If you believe that you did not receive the correct amount of Loyalty Points for a booking, you must contact Customer Service at 305.668.3416 or 1-800-977-7116 for US and Canada;  305.665.1918 for Latin America; or via email Customerservice@Leisuretimepassport.com within ninety (90) days from the travel end date. WVT and LL will make the final determination as to whether Loyalty Points adjustments of any kind are justified for the travel in question. In no event will any Loyalty Points manually be moved to earned status sooner than after completion of travel and within the time period identified in the Posting/Reconciliation chart below.

Loyalty Point Earn and Conditions:

3 Loyalty Points per each $1 dollar paid for a Resort Getaway excluding taxes and charges.   Loyalty Points will be awarded for all-inclusive and/or resort fees that are paid to WVT in connection with payment of the Resort Getaway. 

2 Loyalty Points per each $1 dollar of Your Price for a prepaid Hotel reservation excluding taxes, charges, and fees.

2 Loyalty Points per each $1 dollar of Your Price paid for a Car Rental booking excluding taxes, prepaid fuel, insurance, upgrades or extra equipment, or other similar charges or fees.

2 Loyalty Points per each $1 dollar of Your Price for a prepaid Event/Activity booking excluding taxes, fees, and insurance.

2 Loyalty Points per each $1 dollar of Your Price paid for the total Cruise fare for all guests in the cabin, excluding government fees and taxes, insurance, prepaid gratuities, excursions or other charges or fees.

Loyalty Points will be awarded for bookings made on the Site or with customer service agents through our call center.

The following categories are not eligible to earn Loyalty Points:

Travel Insurance

Flights/Air Travel

Discounts provided by Entertainment

Taxes and fees on any travel item, unless noted otherwise

Posting/Reconciliation

As noted above, the anticipated amount of Loyalty Points to be awarded are held in pending status until payment has been confirmed and travel is completed. See chart below for the length of time it may take for points to move to available status.

Eligible Booking                                              Point Confirmation Timing

Resort Getaway                                              5 business days after travel completion

Prepaid Hotel                                                  5 business days after travel completion

Car Rental                                                       5 business days after travel completion

Cruise                                                              5 business days after travel completion

  Event/Activity                                                  5 business days after travel completion

Bonus Loyal Point Offers

From time to time, WVT in collaboration with LL, may offer opportunities to earn additional bonus Loyalty Points. All applicable terms and conditions associated with the specific bonus offer must be met to earn bonus Loyalty Points for your booked and completed travel. Bonus Loyalty Points will be posted to your Account after the travel completion date based on the time periods identified in the Posting/Reconciliation chart above, unless otherwise specified in the promotion-specific terms and conditions. Bonus Loyalty Point offers do not apply to cancelled bookings. Offers are limited to the offer recipient and are not transferable. Bonus Loyalty Point offers are not redeemable for cash. Void where prohibited by law.

Loyalty Points Expiration

All Loyalty Points in your Account will expire twenty-four (24) months after the date posted to your Account.  Loyalty Points will also expire if your Program membership expires or there is no qualifying purchase or redemption activity for a period of twenty-four (24) months. Once expired, Loyalty Points will not be reinstated.

Loyalty Point Redemption

Loyalty Points can be redeemed for Resort Getaways, cruises, prepaid hotel bookings, rental cars, flights/air travel and events/activities. Loyalty Points cannot be redeemed for cash and have no cash value. Pending Loyalty Points cannot be used toward reward redemption. All Loyalty Point redemptions and bookings are subject to availability and restrictions of the relevant supplier.

Additional Loyalty Point Redemption Conditions:

Resort Getaways:  Members can redeem available Loyalty Points to pay for the partial or full cost of a Resort Getaway, excluding taxes and any insurance.  Loyalty Points may be redeemed to pay for all-inclusive and/or resort fees collected by WVT in connection with payment of the Resort Getaway. 

Hotels:  Members can redeem available Loyalty Points to pay for the partial or full cost of Your Price for a prepaid hotel, excluding taxes and fees.

Car Rental: Members can redeem available Loyalty Points to pay for the partial or full cost of Your Price for a prepaid car rental, excluding taxes, fees, insurance, upgrades, or extra equipment.

Activity/Events: Members can redeem available Loyalty Points to pay for the partial or full cost of Your Price of an activity.

Cruise: Members can redeem available Loyalty Points to pay for the partial or full cost of Your Price for a cruise fare, excluding government fees, taxes, insurance, prepaid gratuities, excursions or other charges or fees.

Flights/Airline Travel:  Members can redeem available Loyalty Points to pay for the partial or full cost of airline tickets, excluding taxes, fees, and surcharges. Flights do not have to be roundtrips. Flights into and out of different airports are not permitted.

Airline availability may vary from market to market. Holds cannot be placed on flight reservations. For information regarding airline liability limitations, baggage liability, and other regulations, please consult with the specific airline.  Only the Member can redeem Loyalty Points, but the flight may be booked in the name of the Member or any other person the Member designates. Once tickets are issued, the tickets are not transferable and may be used only by the individual named on the ticket. Tickets booked with Loyalty Points are subject to all ticket restrictions issued by the airline, including refundability and change or cancellation fees. Tickets do not include baggage fees, which may be an additional charge. Airline schedules, terms, points of service, and fares are subject to change without notice. Airline schedule changes, flight cancellations, interruptions, and oversold flights are outside of the control of WVT and LL. These situations must be remedied by the airline and may be subject to Federal or State regulations.

Airline tickets will be issued as e-tickets unless paper tickets are required by the airline. For bookings made via customer service, electronic confirmation and documentation will be sent to the e-mail address associated with your Account within 12 hours of booking. The Member is responsible for destroyed, lost, and/or stolen tickets, and any fees imposed to replace such travel documents.

Any additional costs must be paid by credit card. Where Loyalty Points applied covers 100% of the eligible booking cost, the Member is not eligible to earn Loyalty Points on that transaction. Where Loyalty Points applied does not cover 100% of the eligible booking cost, the Member is eligible to earn Loyalty Points on the portion of the cost paid by credit card, subject to the exclusions stated in these Terms.

RESORT GETAWAYS

Getaways are resort accommodations of seven nights.  We cannot guarantee the fulfillment of a specific request. Holidays and highly demanded weeks are generally not available through the Program. Getaway confirmations are FINAL and NONREFUNDABLE. Getaway accommodations may only be used for personal and noncommercial purposes. Only the individual named on the confirmation and persons traveling with that individual may occupy the accommodations. Members are expressly prohibited from selling or renting their Getaway accommodations or otherwise using them for commercial purposes. The applicable Getaway fee is based upon the unit size, the location of the accommodations, and the occupancy date, and is subject to any applicable tax. Some jurisdictions have imposed a tax on the occupant of resort accommodations. Consequently, any bed tax, transient occupancy tax, or similar tax that is imposed shall, in those circumstances, be the responsibility of the Getaway purchaser. You may be required to contact the resort to which you are confirmed prior to arrival to prepay taxes and certain other resort fees. Additionally, you are responsible for all personal charges (e.g., telephone calls, meals, and use of resort amenities) at the resort, and any mandatory all-inclusive meal plan or other permissible charges imposed by the resort, as well as any damage to or loss or theft from the resort accommodations and facilities that are caused by Members or their guests.  WVT reserves the right to limit the number of Getaway confirmations issued to a particular Member annually or during in any given occupancy period or the number of units confirmed to a Member for any given resort or travel date. Additional terms and conditions may apply. 

HOTEL RESERVATIONS

Unless stated otherwise, all hotel bookings are final and non-refundable.  You must be at least 18 or 21 years old to check-in to a hotel, depending on the specific property’s requirements. A government-issued photo ID or other travel document(s) is required. In addition to the government-issued photo ID required for security and check-in, proof of citizenship may be required for international destinations. It is your responsibility to provide the required documents, and we suggest that you check with the country’s local consulate if you have any questions. A passport is strongly recommended. You will not be eligible for refunds if lack of, or improper, documentation results in delayed or an unused reservation.  Frequent traveler points for a specific hotel chain will not be available for any reservation.  Unless otherwise indicated in the hotel details and descriptions, all hotel rates are based on a maximum of double occupancy. Charges for additional guests may apply and must be paid directly to the hotel at check-in. You are responsible for any incidental charges at your hotel, including, but not limited to charges for telephone access, in-room movies, energy surcharges, wi-fi, room service, mini-bar, and any applicable increases in taxes and fees.

ENTERTAINMENT®

For the terms and conditions of the Entertainment®, Dining, and Leisure Discounts program, please click: https://memberservices.entertainment.com/

ALLIANZ GLOBAL ASSISTANCE

For Members residing in the U.S., plan(s) are underwritten by BCS Insurance Company or Jefferson Insurance Company, depending on insured’s state of residence. Allianz Global Assistance (AGA) Service Company is the licensed producer and administrator of this plan.  For additional terms and conditions of Allianz Global Assistance Travel Insurance, refer to the Terms of Use and Legal Information section at www.allianztravelinsurance.com.

SECURITY AND HEALTH MATTERS

Prior to booking any travel, please review all travel restrictions, warnings, and advisories available through the appropriate government agency.  Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at: state.gov, tsa.gov, transportation.gov, faa.gov, cdc.gov, treas.gov/ofac, and cbp.gov.  We do not guarantee or warrant that travel to any of the destinations offered on the Site is advisable and/or within acceptable risk guidelines as outlined by the appropriate authorities.  It is your responsibility to determine whether vaccinations or other health restrictions, documentation, or precautions are necessary for travel. You assume all risks associated with your travel and the products, benefits and services offered ancillary thereto.  We and the Providers are not liable for damages or losses that may result from or during travel.

SELLER OF TRAVEL REGISTRATIONS

WVT is registered with: the State of Washington, as a Seller of Travel, Registration Number 601 765 244; the State of Iowa as a Travel Agency, Registration Number 837; and the State of California as a Seller of Travel, Registration Number 2030985-50 (Registration as a Seller of Travel in California does not constitute approval by the State of California). WVT is exempt from registration as a Seller of Travel with the State of Florida (ST-10224). California and Washington law require certain sellers of travel to have a trust account or bond. WVT has bonds issued by Fidelity and Deposit Company of Maryland in the amount of $50,000 each in the State of California and the State of Washington. WVT does not participate in the Travel Consumer Restitution Fund in California.

DISCOUNT BUYING BONDS

WVT maintains a discount buying bond in the State of California.

GENERAL LEGAL INFORMATION AND LIMITATION OF LIABILITY

WVT is not involved in the sale of real estate, and nothing contained in the Portfolio or on the Site is a solicitation or an offer to purchase real estate. Some resorts to which you may be confirmed through your Program membership may have ongoing sales for the ownership of real estate or vacation ownership products. Neither you nor your guests are required to participate in any sales presentation to enjoy the accommodations, products, benefits, and services made available to you through the Program. We and the Providers act only as distributors of accommodations, products, benefits, and services offered by suppliers through the Program and, as such, do not assume responsibility for damage to or of any person or property, loss, expense, or inconvenience arising from or related to the use of any accommodations, product, benefit or service provided by a supplier. All accommodations, products, benefits, and services are provided “as is” without warranty of any kind. We and the Providers expressly disclaim all warranties and conditions regarding the accommodations, products, benefits, and services offered on the Site including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular response, title, and non-infringement. Neither we nor any Provider will be liable for any loss, damage, or expense of any sort arising from any act or omission of any individual, firm, or corporation furnishing accommodations, rental cars, transportation, or any other product, benefit or service, or for any additional cost or expense due to disruption or change of advertised schedules, rates, or services, acts of God, liability for defective products or services or products or services otherwise not conforming to representations made by the applicable supplier or for any other cause beyond our or their control. We and the Providers will be excused from any act, omission, or obligation to perform hereunder when such failure or default arises out of causes beyond the control and without the fault or negligence of us or the applicable Provider. Your participation in the Program shall be deemed an acceptance of this limitation of liability.  No inquiry has been made into such accommodations, products, benefits, and services, or into the quality of the accommodations, products, benefits, and services offered, and the offering of their accommodations, products, benefits, and services does not constitute an endorsement or recommendation of such by us.  You release us and the Providers and waive your rights against us for any personal or bodily injury, death, or illness that occurs during or related to your participation in the Program, including, without limitation, those arising from the use and reservation of accommodations and/or products, benefits or services purchased on the Site or otherwise pursuant to the Program. Providers and their suppliers are independent contractors, and we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider or supplier. You release us and the Providers from any and all liability arising from your participation in the Program, including, without limitation, the earning, redemption and use of Loyalty Points, including any Loyalty Points that, after receipt, may be lost, stolen or destroyed. You further agree to defend, indemnify, and hold us and the Providers harmless from any and all damages, losses or claims arising from your Program membership, including without limitation, the earning, redemption and use of Loyalty Points and your access and use of the Site and/or any accommodations, products, benefits or services booked or purchased on the Site or otherwise through the Program.  Notwithstanding the foregoing, if we, the Providers or suppliers are found liable for any loss or damage which arises out of or in any way connected with your participation in the Program, then the liability of such will in no event exceed, in the aggregate, the greater of (a) the fees you paid to us in connection with the transaction(s) giving rise to such liability or (b) One Hundred Dollars (US$100.00) or the equivalent in local currency.

DISPUTE RESOLUTION AND ARBITRATON AGREEMENT.  THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.  All disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with the Program shall be resolved individually, without resort to any form of class, consolidated or representative action. As it relates to any such dispute, you agree to first attempt to work with us in good faith to resolve said dispute on an informal basis for a period of thirty (30) days.  If a resolution is not achieved by the thirtieth (30th) day following the commencement of informal discussions, you or we may submit the dispute to arbitration. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Arbitration Rules and Procedures as such are in effect as of the date applicable to your use of the Program (the “JAMS Rules”) and conducted in Miami, Florida by a single arbitrator mutually selected by you and us. The arbitrator will resolve the dispute expeditiously, the objective of the parties being to have a determination rendered within 120 days of the date on which the claim was filed with JAMS.  The arbitrator’s award will be final and binding.  Judgment upon any award may be entered in any court having jurisdiction.  Arbitration fees will be split by the parties.   The Terms shall be construed in accordance with, and governed by, the laws of the State of Florida without regard to its conflicts of law provisions. If for any reason a claim proceeds in a court rather than through arbitration, any action or proceeding arising out of or relating to the Program shall be brought exclusively in the federal or state courts located in Miami Dade County, Florida. In the event of litigation between the parties, the prevailing party shall be entitled to all costs incurred, including reasonable attorneys’ fee.  

Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to Associate General Counsel, Worldwide Vacation & Travel, Inc., 6262 Sunset Drive, Miami, Florida 33143, U.S.A., or email dmca@leisuretimepassport.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.  It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.