These Sears Vacations Subscription-Membership (“Subscription”) Terms and Conditions of International Cruise & Excursion Gallery, Inc., also doing business as Sears Vacations (“SV’) and Our Vacation Center (“OVC”), set forth a legally binding contract between SV and each person who applies and is accepted as a subscribing member by SV (“You,” “Subscriber,” and “Member”) including any guests of Subscriber.
To become a basic subscribing-member (“Subscriber”), a properly completed Subscription application must be submitted to SV on-line by the applicant at www.SearsVacations.com.
None of the Subscription benefits may be used for any commercial purpose, including rental or sale or barter.
All SV Subscriptions include a subscription to Privileges Magazine and the ability to access and purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, and airfares.
Privileges Magazine is provided to Subscribers from time to time in electronic format and on-line at www.SearsVacations.com. Subscribers can request a paper version by calling Subscriber Services at SV’s toll free telephone number 1-855-777-9609. A nominal fee will be charged for such requests to cover the cost of shipping.
SV is only responsible for written representations that it makes concerning SV and the Subscription and is not responsible for any verbal representations or written representations made by any other person. Only SV, its authorized representatives, and its designated licensees can perform the obligations of SV under these Terms and Conditions.
The Subscription, and the benefits afforded Subscribers, shall be provided to the Subscriber in perpetuity or until the Subscriber elects to Opt-out, or unless terminated by SV for cause under these Terms and Conditions.
Subscribers and Subscribers’ guests are responsible for ensuring that all travelers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship or legal residence.
Subscribers and Subscribers’ guests must have a valid visa, passport, or proof of citizenship, proof of legal residency status, and immunization evidence, if any, (as required by the countries being visited) in their possession at the time of travel. This applies to all travelers in Subscribers’ group. SV assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements.
SV products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. 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, SV will make reasonable efforts to contact Member, but SV reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, SV will assess a $25 service fee for all returned checks and two or more instances of declined credit cards.
These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating vacations may be changed from time to time by SV. Current Terms and Conditions, benefits, and procedures can be reviewed online at www.SearsVacations.com, which shall supersede all Subscription Terms and Conditions.
Programs and services offered through SV or by third parties with the permission of SV are subject to separate Terms and Conditions and may be changed or eliminated without prior notice.
Failure to comply with these Terms and Conditions or failure to pay any sums owed to SV, may result in the suspension or termination of Subscriber’s Subscription without further obligation. If suspension is based upon non-payment, Subscriber’s Subscription will remain suspended until all sums that are owed are paid in full and will not be extended beyond its original expiration date.
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While SV makes reasonable efforts to ensure that this information is accurate and complete
Subscribers may opt-out or cancel their Subscription by calling Sears Vacations at 1-855-791-4981 then SV written notice of cancellation to Sears Vacations (attn: Cancellation Coordinator), 7720 N. Dobson Rd., Scottsdale, AZ 85256 , or by fax to 602-308-1934.
Subscribers, during the term of their Subscription, have the ability to purchase best price guaranteed (“BPG”) cruise vacations, hotels stays, resort vacations and vacation packages. Subscriber may purchase such travel by calling the SV call center at 1-855-791-4981 or on-line at www.SearsVacations.com.
For cruise, resort, escorted tour, and hotel bookings, there are no booking fees added to the cost of the reservation. A booking fee may be charged to air reservations. Please note that government, taxes, airline, and/or airport taxes and fees may still apply. Fees are subject to change at any time.
SV will apply any reasonable restrictions on Subscriber as required by SV’s affiliated resorts, cruise lines, tour operators, hotels, and other travel providers.
Resort accommodations may be at a resort in active sales. Subscribers are under no obligation to participate and/or attend any sales presentation or take a tour of the resort.
Information provided to Subscriber about cruises, resorts, experiential vacations, and hotels, is based on information obtained from the providers of such. SV makes reasonable efforts to ensure that information provided by SV is accurate and complete as of the date such information is published by SV; however, SV expressly disclaims any liability for inaccurate, incomplete, or misleading resort and cruise information.
The total number of people occupying any vacation accommodations or participating in any tours confirmed by SV must not exceed the maximum occupancy set forth in the SV booking confirmation; otherwise, the travel provider may refuse access or levy an additional charge to Subscriber and/or Subscriber’s guests.
Subscribers are responsible for the payment of any applicable taxes, fees, and personal expenses including, but not limited to, food and beverage expenses, specialty items, tips, personal services, special facilities charges, telephone calls and internet connectivity, cruise line/resort/hotel, utility charges, security deposits, and other fees or charges levied by the travel service provider.
It is the responsibility of the Subscriber to pay all other fees directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the Subscriber and the provider. Subscriber waives any and all claims against SV in this regard.
Subscribers and Subscribers’ guests must occupy and use any accommodations booked through SV in a responsible, careful, and secure manner. Subscribers are responsible for all acts and/or omissions, damage, theft or loss whether caused by Subscribers or Subscribers’ guests.
Any complaints about any accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider
Booking Confirmations (“Confirmations”) are valid only if issued in writing by SV. Subscriber is responsible for verifying all details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying SV immediately if any information on the Confirmation is incorrect. Subscriber is responsible for any ancillary charges incurred as a result of changes to any aspect of the Confirmation. Changes may be treated as a cancellation.
If a confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond SV’s control, you waive any and all claims against SV.
SV reserves the right to revoke any and all Confirmations, terminate or suspend the Subscription of the relevant Subscriber, cancel a Guest Certificate, or deny access to any of the products or services offered in connection with this Subscription, in the event a Subscriber or Subscribers’ guests violate or breach these Terms and Conditions. Penalties, including forfeiture of deposited monies, may apply.
SV reserves the right to cancel a confirmed vacation, cancel any purchased products, cancel a request, or otherwise deny Subscription benefits of any Subscriber whose payment is rejected by the Subscriber’s bank or credit card company. A service fee and/or loss of Deposit will apply.
Subscribers must cancel Confirmations by calling SV at 1-855-791-4981 or in writing at 7720 N. Dobson Rd., Scottsdale, AZ 85256, 85260-1615. Cancellation will be effective on the date of receipt by SV. Changes to a Confirmation may be considered a cancellation subject to re-booking and additional changes or cancellation fees may apply.
All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any SV Deposits. An SV vacation consultant will explain the deposit requirements and booking fees, if any, and the payment schedules, refund-ability, and cancellation policies upon booking a particular cruise, resort vacation, experiential vacation, tour, hotel, or car reservation.
Best Price Guarantee is only applicable on cruises, resorts, tours and hotels. Airfare is not applicable. Best Price Guarantee is valid up to 48 hours after bookings. Verifiable proof is required of public availability of a lower rate at time of booking and must be for identical cruise, tour or resort; cabin, type of room booked, and not be in any violation of vendor pricing policies. Valid on any price advertised and offered to the general public. Not valid on prices requiring a callback or on public pricing offered in e-mails that are not advertised on public accessible websites or otherwise available to the general public. Group, charter, incentive, meeting, convention or interline rates are excluded. If you qualify for a military rate, you must request such at time of booking. If you find a lower rate than the one originally booked within 48 hours, we will match that rate. Purchaser will be responsible for any cancellation fees. For car rental reservations, the price difference will be awarded in the form of vacation cash redeemable with Sears Vacations for future vacations in lieu of a price match.
A booking fee may be charged to air reservations. Please note that government, taxes, airline, and/or airport taxes and fees may still apply. Fees are subject to change at any time.
SV purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. d.b.a. Our Vacation Center ("OVC") and d.b.a. Sears Vacations (“SV”) (Collectively “ICE”). ICE is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #1 is held at First Hawaiian Bank); and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Subscribers hereby permit their telephone conversations with SV representatives to be tape-recorded and/or monitored for training and quality control purposes.
A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into SV to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel, and airline ticket online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of SV. Travel Savings Credits may not be used as a form of payment for the Call Center Fee.
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 are available to residents of the U.S. but 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 SV carries its own producer license, or equivalent, the numbers are (AL 775746; AZ 1099672; CT 2485378; HI 447049; ID 593498; MA 2017779; MI 0111010; MT 100129788; OH 1128528; PA 794952; SC 210204; WV 100231297).
SV, ICE, and OVC are trademarks of their respective owners, which may not be used without their prior written permission from the respective owner. The Sears trademark is registered and used under license from Sears Brands, LLC. Citibank is not responsible for products and services offered by other companies. Sears cards are issued by Citibank, N.A.
These Terms and Conditions and the SV Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or Subscriber’s guest, whether vacationing with the Subscriber or traveling by way of a Guest Certificate, to seek any remedy against SV or its associated entities must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA).
SV DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION FOR, DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY ON ANY CRUISE LINE SHIP OR HOTEL/RESORT ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM CRUISE SHIP, HOTEL/RESORT OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, OIL SPILLS, MECHANICAL BREAKDOWN, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM), OR ACTS OF GOD.
SV SHALL NOT BE LIABLE FOR AND DO 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. SV’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF SV WILL BE LIMITED TO THE FEES PAID BY MEMBER TO SV FOR THE TRAVEL PURCHASE. IN NO EVENT WILL SV 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 SV AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
CLASS ACTION WAIVER
(i) SUBSCRIBER AND SV 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 SUBSCRIBER NOR SV 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 SUBSCRIBER OR SV ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND SV FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUBSCRIBER, SV, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) 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.
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 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 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. You hereby consent 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, IP 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.