FULFILLMENT TERMS AND CONDITIONS
These Fulfillment Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between a third-party fulfillment provider Arrivia, Inc. (“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 “You”, “Your”, “Purchaser”) By purchasing products and services through Arrivia, 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 Arrivia of the contents of these Terms and Conditions and all applicable Travel Provider Terms.
Purchases, benefits and transactions on this website are fulfilled by a third-party Arrivia, Inc. (“Arrivia"). Arrivia is located at 15147 N. Scottsdale Road, Suite 210., Scottsdale, AZ 85254. Arrivia 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 #21-136301), and California #CST 2066521-50. Registration as a seller of travel does not constitute approval by the State of California. Arrivia is not a participant in the California Travel Consumer Restitution Fund. California requires certain sellers of travel to have a trust account or bond. Arrivia maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
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 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 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 ARRIVIA makes reasonable efforts to ensure that this information is accurate and complete, ARRIVIA expressly disclaims liability for inaccurate, incomplete, or misleading information.
MODIFICATIONS OF THE TERMS AND CONDITIONS
These Terms and Conditions are subject to change at Our discretion without prior notice. By purchasing products and services through Us, Purchaser acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.
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 purchased by You. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through ARRIVIA.
Cancellations made will be subject to the individual supplier’s cancellation policies and requirements which will be disclosed at time of purchase and/or booking.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
We are not responsible for and otherwise disclaim any responsibility, liability, or other damages related to third-party suppliers’ cancellation and refund policies or their issuance of future cruise or travel credits, certificates or other forms currency in exchange for a future right to travel with the third-party supplier. In addition, We may facilitate options to cancel, rebook, or receive such credits to be used in the future with third-party suppliers, however, by doing so We are not making any recommendations or representations as to the financial condition of the third-party suppliers.
BEST VALUE GUARANTEE
What is the Best Value Guarantee?
The Best Value Guarantee ensures that the price paid when combining our already low prices with the redemption of any loyalty currency (where applicable) will be better than the lowest publicly available market price of any other qualified seller. If at the time of Your purchase or within 24 hours after Your purchase our combined value is not better than the lowest publicly available market price of any other qualified seller, We will match the qualified seller’s lowest market price and credit Your account 110% of the price difference in the form of Rewards Credits. Such guarantee is subject to these Best Value Guarantee terms provided herein.
The Best Value Guarantee is valid for up to 24 hours after booking. A lower price than our combined value must be found within 24 hours of booking, and verifiable proof is required of public availability of such lower price. If you find a price lower than our combined value by greater than one dollar and your request is approved, we will match that lower price and credit Your account 110% of the price difference in the form of Rewards Credits. You will be responsible for any change or cancellation fees. To verify a lower price, proof must be provided by calling Customer Service at 866-724-5190 and by providing advertisements or web site addresses as directed by the Our customer service representative. We reserve the right to determine the validity and authenticity of the proof provided.
Comparison of Products
The Best Value Guarantee applies only to identical products and must meet the exact match comparison criteria as outlined below. The Best Value Guarantee is only valid on prices advertised and offered to the general public. Further, the product for purchase must be in stock at the time of Claim. Products must meet an “Apples to Apples” comparison and all non-governmental processing, booking, or similar fees will be considered when analyzing the overall prices charged by third parties. Product prices must be advertised and available to the general public on an English language website. Websites that do not reveal the supplier or product details until after payment has been completed (including bidding websites) do not qualify. Best Value Guarantee does not apply to products requiring a call-back or on products offered on e-mails that are not advertised on public access websites, or otherwise available to the general public, on prepaid products that involve a voucher, or certificate, or on-board credit, or flash sales, or discount buying clubs or on products available on auction websites, or with discount offered to members who must meet specific criteria. The lower price must be quoted and booked in U.S. dollars (without reference to currency converters).
You must have paid for your reservation in full and received a valid confirmation number from us in order to report a lower price claim. You must contact us within 24 hours after Your purchase or booking with us to make a claim under the Best Value Guarantee (“Claim”). The lower price must still be available for purchase at the time You contact us, as determined solely by our customer service representatives. All qualifying purchases or bookings must be made using a valid credit card with a United States billing address.
The lower price must be for an identical product or booking as determined in our sole discretion. All product or booking details must exactly match the details of the product You purchased or booked through Us, for example the specific carrier or provider (including class of service), the specific hotel (including room type), the specific rental car company and vehicle class, the applicable refund policy, the dates and times of travel or service, the specific routings (for example, same stopovers), the specific merchandise, wine, golf, box office or other lifestyle product, and other purchase or booking details including cancellation policies.
The product price must be available to the general public online and must be accurate on an English-language website. For example, this does not include prices offered on other membership program websites, corporate discounts or prices, military prices, group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices, prices obtained via auction or similar process, or prices available only by using a coupon or other promotion not offered to the general public or a pay in advance coupon promotion. The lower price may not come from a website where you call-in in order to get the price, or from an e-mail that You received. The price must be quoted, booked, and paid for in US dollars. Lower prices do not include errors or mistakes.
All requests, including receipts, are subject to our verification. We will not accept screenshots or other purported evidence of a lower price that cannot be independently confirmed by Our customer service representatives. Nor will We verify any request that We believe, in our sole discretion, is the result of a printing or other error or mistake or is made fraudulently or in bad faith.
Each Member Account shall be limited to three (3) Best Value Guarantee Claims per calendar month, regardless of the number of members use the account. Any modifications, changes or cancellations made to an existing purchase or booking that has an associated Best Value Guarantee Claim will result in voiding of the Claim. Purchaser will be responsible for any applicable cancellation fees.
Best Value Guarantee Rewards Credits shall be issued within fourteen (14) business days following your vacation (i.e., Accommodations, Cruises, and Worldwide Tours) and/or vacation add-on (i.e., Car Rentals, Activities, and Golf). Any cancellation or modification will void the approved claim and no Reward Credits shall be issued. We shall not be held liable to credit for claims that have been submitted due to rates that were displayed in error.
We reserve the right in Our sole discretion to modify or discontinue the Best Value Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to You. The terms that are in effect at the time of your claim will determine your eligibility under the Best Value Guarantee. The failure to enforce any provision of these Best Value Guarantee Terms shall not constitute a waiver of that provision.
Special Conditions for Certain Travel Products
Stand-Alone Products. Best Value Guarantee for any stand-alone product purchased (for example, a hotel room or car rental) applies only to the exact same product purchased as stand-alone through the other website (i.e., not part of a hotel + car package or any combination). Except as otherwise noted herein, the Best Value Guarantee only applies to the base cost, excluding taxes, service fees and government or other charges, of stand-alone hotel, resort, or car bookings.
Vacation Packages. Best Value Guarantee applies to Vacation Packages/Guided Vacations in any combination of any travel Products, Product descriptions, package inclusions and exclusions, all taxes, service fees and other charges will be included in determining whether You have found a comparable Product and lower rate/price.
Cruises. The Best Value Guarantee applies only to the cost of the cruise, not government fees, taxes, and port charges. In addition, the cost of additional items in your cruise booking, such as air or land components or excursions, insurance, shipboard credits, free upgrades, transfers, pre- or post-cruise hotel stays, onboard amenities, gift cards/certificates, cash back and/or dollars off, or other add-ons or optional items are not subject to the Best Value Guarantee and shall not be considered in determining whether you have found a lower price. To qualify for the Best Value Guarantee on a cruise booking, you must have either paid in full or paid a non-refundable deposit on the booking. If you have made a non-refundable deposit, then any credit under the Best Value Guarantee will be applied toward the outstanding balance due for your booked cruise. The lower price must be for identical cruise itinerary, ship, sailing date, and cabin category. Also, the Best Value Guarantee is not valid on prepaid prices that involve voucher, or certificate, or on-board credit, or on prices available on auction web sites, or on discount prices offered to members who must meet specific criteria. Group, charter, incentive, meeting, convention, package, or interline prices are excluded.
Air. Best Value Guarantee does not apply to any air travel.
Subject to all Best Value Guarantee Terms and Conditions herein, the Best Value Guarantee is not available for bookings on websites where the specific carrier, property, rental car company, itinerary or similar booking details are unknown until after the purchase.
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.
We are committed to environmentally sustainable practices and encourage Our customers to consider the same. We have adopted many business practices and policies to further our commitment and help combat climate change by minimizing its global emissions, increasing our recycling efforts, and promoting efficiency in travel and transportation. To ensure you are being environmentally conscience while traveling, please seek to use reusable water bottles, support accommodation provider initiatives to reuse sheets and towels, turn off all lights and air conditioning units when not needed and when leaving your room for long periods, and stick to designed paths when hiking to preserve natural habitats. We thank you for your cooperation in supporting Our commitment to sustainable practices.
An inherent risk of exposure to Covid-19 (“COVID”) exists in all places where people are present. COVID is extremely contagious and can lead to severe illness, disability, and/or death. According to the Centers for Disease Control and Prevention (“CDC”), individuals with underlying medical conditions and/or older adults are especially vulnerable. By visiting any destination, property, or by traveling on any vehicle, airplane or cruise ship, you voluntarily assume all risks related to exposure to COVID and agree to adhere to health and safety protocols that may be required by law, the travel provider, property manager, cruise operator, including, but not limited to, social distancing measures, face mask requirements, health screenings, proof of vaccination and COVID testing, which may change from time to time and for which you may incur additional fees. Travel providers, including but not limited to cruise lines, may in their sole discretion, modify, cancel or reschedule any travel plans or arrangements for reasons due to COVID or otherwise. The CDC publishes travel advice, warnings and recommendations related to COVID, which along with the travel providers website should be reviewed before travel.
COVID-19 REQUIREMENTS FOR CRUISE TRAVEL
COVID TESTING & VACCINATION REQUIREMENTS
Cruise lines may require guests to test for COVID and/or show proof of vaccination, on or before embarkation. Please verify the cruise line's requirements by completing your pre-cruise registration and visiting the cruise line's website. Failure to do so at least 14 days prior to departure may result in your booking being cancelled or denied boarding with no refund.
COVID RESTRICTIONS BY PORT
It's important for guests to familiarize themselves with the health & safety protocols for all ports visited during their cruise. Refer to the cruise line's website for details, restrictions, or any changes to the itinerary. Failure to comply with applicable COVID vaccination/testing requirements could result in denied boarding with no refund.
Depending on the cruise line and ship, guests 12 years or older that are NOT vaccinated may not be permitted to travel or may require proof of Travel Insurance upon check-in. Failure to provide proof will result in denied boarding with no refund. Please contact the cruise line directly for regulations.
Also, it is imperative that you provide your direct contact information to the cruise line via your pre-cruise registration so they can advise you of any lastminute changes with regard to vaccination/testing requirements and/or changes to your sailing.
In no event shall You hold Us liable for any delay or failure in performance or interruption of service, including but not limited to booking cancelations and website outages, resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, acts of terrorism, strikes, fires, extreme weather conditions, epidemics, pandemics, or other catastrophes, or other events of force majeure which are:
If We claim such an excuse, We will promptly notify You of the occurrence and shall advise You of the extent of the disability and the expected duration of Our inability to perform Our obligations under this Agreement.
LIMITATION OF LIABILITY
ARRIVIA 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. ARRIVIA’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ARRIVIA WILL BE LIMITED TO THE FEES PAID BY PURCHASER FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ARRIVIA 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 ARRIVIA’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF ARRIVIA.
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 ARRIVIA 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 ARRIVIA prevails, that Purchaser or Purchaser’s guest shall pay all costs incurred by ARRIVIA in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
CLASS ACTION WAIVER
PURCHASER AND ARRIVIA 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 ARRIVIA 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 ARRIVIA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. PURCHASER AND ARRIVIA 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 ARRIVIA 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:
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 ARRIVIA 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, ARRIVIA 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 firstname.lastname@example.org.
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.
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; Russia; 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 ARRIVIA 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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