CAREFREE JOURNEYS, LLC MEMBERSHIP AGREEMENT
ARTICLE 1 - Membership
1.1 Carefree Journeys, LLC ("Carefree Journeys") is a provider of travel and entertainment related discounts and provides access to these discounts and services via a membership ("Concierge Service"), subject to the terms and conditions set out in this agreement ("Agreement") and the Terms of Use as set forth from time to time by Carefree Journeys (collectively the "Concierge Service Terms"). This is not a timeshare and there is no required use or annual fee. Members and users of our website (hereinafter referred to as "You") are under no obligation to renew your membership. Each membership number is exclusive to the registered member. Carefree Journeys membership options provided under this Agreement are as follows:
Diamond
Carefree Journeys Diamond Membership is the pinnacle of luxury resort travel. It includes all the benefits of a Platinum Membership, and gives members UNLIMITED reservation access to the finest Five Star Resort accommodations located worldwide. Members also have exclusive access to the "Diamond" Resort Portfolio (up to eight weeks per year). Diamond Membership is available by invitation only.
Platinum
Carefree Journeys Platinum Membership includes all the benefits of a Gold Membership, but with reservation access to the finest Five Star Resort accommodations located worldwide. Members also have access to the "Platinum" Resort Portfolio (up to four weeks per year). Carefree Journeys Platinum Membership was particularly designed for the luxury travel connoisseur. Platinum Members are assigned their very own vacation concierge, and receive "Platinum Choice" benefits when making a reservation.
Gold
Carefree Journeys Gold Membership includes all the benefits of a Silver Membership, in addition to allowing members to travel up to two weeks annually at some of the finest Resort destinations located worldwide. It also includes unlimited access to savings on Hotels, Airfare, Car Rental, Cruises, Dining, Entertainment, and many more travel accommodations. Gold Members are assigned their very own vacation concierge.
Silver
Carefree Journeys Silver Membership includes all the benefits of a Bronze Membership, in addition to reservation access to some of the finest Five Star Resort accommodations located worldwide. Carefree Journeys Silver Memberships allow members to travel one week (7 nights) annually at some of the finest Resort destinations, in addition to unlimited access to savings on Hotels, Airfare, Car Rental, Cruises, Dining, Entertainment, and many more travel accommodations. Silver Members also have access to a Carefree Journeys’ vacation concierge.
Bronze
Carefree Journeys Bronze Membership provides members unlimited access to savings on Hotels, Airfare, Car Rental, Cruises, Dining, Entertainment, and many more travel accommodations. Bronze Membership also includes access to Monthly Member Specials on all travel accommodations including resort access based on availability.
1.2 Your access to and membership in the Concierge Service is conditional upon payment of the membership fee and your acceptance and compliance with the Concierge Service Terms and this Agreement. Use of Carefree Journeys’ benefits, services and/or access to www.Carefreejourneys.com forms a binding agreement between Carefree Journeys and you under the terms set forth herein. Please read these Concierge Service Terms carefully. By accessing and/or using the Concierge Service, you accept, without limitation or qualification:
(a) the Concierge Service Terms and any amendments made at the sole discretion of Carefree Journeys;
(b) any additional terms, directions or conditions provided to you as part of the Concierge Service;
(c) the general Terms of Use for the Carefree Journeys website attached hereto; and
(d) the terms and conditions of Carefree Journeys' Privacy Policy attached hereto.
1.3 In the event of any inconsistency between the Concierge Service Terms and any of the other provisions listed in 1.2 above, the Concierge Service Terms will prevail to the extent of that inconsistency.
1.4 If Carefree Journeys does not expressly specify the period of your Concierge Service membership, the period of your Concierge Service membership is deemed to be twelve months. After the initial term and each year thereafter, you may renew your membership by paying the renewal fee of $99.00 (U.S. Dollars). This renewal fee is non-refundable and not subject to change or increase. In case of lapse or non-renewal, Carefree Journeys will be under no obligation to honor any request made under your member number or by you. Any reservation accepted by Carefree Journeys for a date after the expiration date of current membership term will automatically include a membership renewal charge for the applicable year(s). Your membership will be temporarily inactive until payment is received and membership fees are current. Once brought current, your account will be reinstated without penalty. As it relates to the membership fee, your membership is cancelled only upon your request or if membership fees are in arrears for more than two years.
1.5 Carefree Journeys reserves the right to refuse membership or renewal to any person at its sole discretion.
ARTICLE 2 - Concierge Service Products and Services
2.1 Carefree Journeys will provide the members of the Concierge Service, travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, accommodation and discounts with third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants as disclosed in the website www.carefreejourneys.com or any other written material published by Carefree Journeys, the website information controlling ("Concierge Service Products and Services").
2.2 You acknowledge that Carefree Journeys is only a conduit for discount Concierge Service Products and Services. You agree that your legal recourse for any of the Concierge Service Products and Services is against the specific provider, not Carefree Journeys. This is not a timeshare or vacation ownership. You are not purchasing any resort or real estate. Carefree Journeys only provides discount vacation services.
2.3 All Concierge Service Products and Services are subject to availability and may be offered on a restricted basis or not at all. Special conditions may apply in relation to Concierge Service Products and Services including when the service provider makes the relevant product, service or other benefit available.
2.4 Any additional expense, fees or charges payable to a provider of Concierge Service Products and Services are your responsibility.
2.5 Carefree Journeys may withdraw, limit, modify, cancel or increase the continued availability of Concierge Service Products and Services. You expressly acknowledge that Carefree Journeys has no obligation to continue to provide any of the Concierge Service Products and Services which were available when you joined the Concierge Service or continue to provide any Concierge Service Products and Services offered to you from time to time during your membership with the Concierge Service.
2.6 Carefree Journeys is not liable for any disruption to the Concierge Service or any delay or inability to provide any Concierge Service Products and Services caused by circumstances beyond its control, including any failure of a third party to provide a Concierge Service Products and Services. All benefits and services offered are subject to separate terms & conditions. Carefree Journeys is not responsible for acts of omissions or any third parties providing such services or benefits to members.
2.7 If you obtain, or Carefree Journeys obtains on your behalf, a refund or reimbursement on the cancellation or termination of any Concierge Service Products and Services ("Cancelled Concierge Service Products and Services") for any reason, you will, as directed by Carefree Journeys, either:
(a) repay to Carefree Journeys an amount equal to the original acquisition of that Cancelled Concierge Service Products and Services and allow Carefree Journeys to hold an amount equal in an account on your behalf; or
(b) retain for yourself the amount of that refund or reimbursement.
ARTICLE 3 - Booking Conditions
3.1 Travel restrictions and conditions apply to the Concierge Service Products and Services. These conditions will be notified to you from time to time as you make reservations or bookings for the relevant Concierge Service Products and Services. Please ask us about these conditions.
3.2 Generally, the Concierge Service Products and Services are subject to the following booking terms and conditions:
(a) the terms and conditions specified by the supplier of the relevant products, such as the resorts, airlines, hotels, wholesalers and tour operators;
(b) the published prices may change without notice including any changes due to currency fluctuations or use of a different exchange rate by your credit card company. Also, prices are subject to availability at the time of booking and seasonal surcharges may apply depending on the travel dates. Resort/Condo accommodations are typically based upon a 7-night, 8-day stay beginning Friday, Saturday or Sunday check-in/out, subject to availability. Current pricing begins at approximately $389.00 (U.S. Dollars) and typically does not exceed $749.00 (U.S. Dollars). The price varies based on unit size, resort location, and season of the reservation. Holiday (e.g. Christmas, New Year's) and Event (e.g. Bike Week, Mardi Gras) Weeks are subject to an additional surcharge.
(c) the published prices are subject to verification and revision at the time of purchase;
(d) the published prices exclude taxes, levies and government charges unless otherwise stated;
(e) cancellations of reservations less than ninety (90) days prior to the scheduled arrival date are non-refundable. All other cancellations are refundable, subject to a minimum $99.00 cancellation fee (Per Unit).
(f) Concierge Service Products and Services are available to the registered member only and any dependants traveling with the registered member. In order to provide the best services possible to its members and maintain the discounts provided, membership does not entitle members to group Concierge Services beyond a members dependants traveling with the member.
(g) In order to maintain availability of properties for our actual members, guest reservations are limited to two per membership number per year, subject to availability and require an additional reservation surcharge (as described in Section 3.2b) of $99.00 each.
(h) Each reservation request will require a $99.00 reservation deposit to be applied as a credit toward the reservation. If the applicable reservation request is fulfilled but the member elects not to complete the transaction, the deposit will be applied by Carefree Journeys, LLC and a member‘s account will receive a credit toward future reservations. If no reservation is made prior to the annual renewal anniversary, the reservation deposit shall be applied toward the member‘s annual renewal and the membership shall be extended accordingly.
Article 4 - Termination
4.1 You can terminate your Concierge Service membership at any time by giving notice in the manner directed by Carefree Journeys. For further details, contact info@carefreejourneys.com.
4.2 Carefree Journeys may terminate your Concierge Service membership immediately and without notice if it believes that you breached these Concierge Service Terms or if it is unable to verify or authenticate any information you provide to us.
4.3 Carefree Journeys may terminate the Concierge Service at any time by giving you [5 business days] notice.
4.4 Transfer Policy. If a Platinum or Diamond Member desires to transfer the balance of his/her membership term to another party without terminating membership, he/she may do so provided the following conditions are satisfied: the term of the membership has not expired; a transfer certificate is obtained from Carefree Journeys and completed by the initiating member and must include the account #, the name and address and phone number of the receiving party to whom the Platinum Membership is to be transferred; a transfer fee of $999 is paid to Carefree Journeys, LLC unless waived by Carefree Journeys, LLC in writing; Carefree Journeys accepts and agrees to the transfer (Carefree Journeys has complete discretion in accepting or rejecting a transfer for any reason and may require any mark-up to be paid to Carefree Journeys LLC); the transferee agrees to be subject to the terms and conditions of the Membership Agreement; and the transferee must register online or via telephone in order to use the benefits. Carefree Journeys reserves the right to unilaterally modify these terms.
Article 5 - Changes to Concierge Service Terms
5.1 Carefree Journeys may, at any time, revise or amend the Concierge Service Terms by updating this agreement without prior notice to you, in which case the Concierge Service Terms as modified will apply to you from the date upon which Carefree Journeys publishes the modification or notifies you in writing (including by way of e-mail to the address last notified to us). You should periodically visit the Carefree Journeys website to review the then current Concierge Service Terms.
5.2 The Concierge Service Terms may not be altered, supplemented, or amended by you unless agreed to in writing by Carefree Journeys. Any attempt by you to supplement or amend this document shall be void.
Article 6 - Privacy
6.1 Carefree Journeys may seek to access, collect, use or disclose your personal information for:
(a) administering the Concierge Service and the provision or performance of service relating to the Concierge Service; and
(b) planning, research, and the promotion and marketing (whether targeted, direct or indirect) of goods, services or products of Carefree Journeys or any organization associated with the Concierge Service, and you specifically authorize Carefree Journeys and any of its agents or contractors to seek access to, collect, use or disclose that information between themselves, for those purposes.
Article 7 - Warranties
7.1 Your use of the Concierge Service is at your own risk. Subject to this clause 7.1, Carefree Journeys makes no warranties or representations with respect to type, quality, standard, fitness or suitability for any purpose of Concierge Service Products and Services. Carefree Journeys specifically disclaims any liability or responsibility for any errors or omissions in the Concierge Service whether Carefree Journeys is aware of such errors or omissions or not. Please note that state legislation may confer rights and remedies on you in relation to the provision by Carefree Journeys of goods or services which cannot be excluded, restricted or modified ("Non-excludable Rights"). Carefree Journeys does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, Carefree Journeys' liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Carefree Journeys, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again or a refund of the purchase price of your membership, whichever is less; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired or a refund of the purchase price of your membership, whichever is less.
7.2 If you are not completely satisfied, you may cancel your Membership within 5 days of purchase or until your first secured reservation (whichever occurs first) for a full price refund. In addition to the 100% money back guarantee, Diamond Members will also get to keep any Gift, Leather Portfolio and Levenger Pen.
Article 8 - No Liability
8.1 Carefree Journeys does not accept:
(a) any liability with respect to death, injury or any consequential loss arising from the supply or non-supply of Concierge Service Products and Services;
(b) any responsibility for inaccurate information provided to you in any communication concerning the Concierge Service or any of the Concierge Service Products and Services, including but not limited to information contained in the text or illustration in advertisements or pictures of any accommodations or geographic location of accommodations; and
(c) any tax liability that you may have in relation to the Concierge Service or any of the Concierge Service Products and Services.
Article 9 - Dispute Resolution
9.1 If you have any complaints, concerns or disputes in relation to or arising out of your Concierge Service membership or the Concierge Service Terms, you should contact Carefree Journeys immediately. Carefree Journeys will aim to respond to you within 30 days of receipt of your correspondence. You waive any and all claims against Carefree Journeys, LLC. Your sole remedy for any dispute is the refund of the purchase price for your membership.
Article 10 - Assignment and subcontracting
10.1 Carefree Journeys may assign this agreement to any other person without the need to obtain your consent or approval.
10.2 Carefree Journeys may subcontract any part of this agreement to any person, including its related entities or third parties. You agree that Carefree Journeys does not need to notify you of any subcontracting arrangements.
Article 11 - Governing Law
11.1 These Concierge Service Terms are to be governed by and construed in accordance with the laws of Florida and venue rests in Orange County, Florida.
11.2 California: If the purchase or sale of a Membership occurred in California, the following Disclosures apply:
(a) Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesaler seller of travel, proof of current registration of that wholesaler.
(b) This Seller of Travel is NOT a participant in the California Travel Consumer Restitution Fund.
(c) California Law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by Liberty Mutual in the amount of $100,000.