Terms Of Use

CAREFREE JOURNEYS, LLC TERMS OF USE

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. However, a service charge will be applied only when an exchange is made, said service charge to be per point.  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.  Membership provides you with the right to a certain number of allotted points per year as further described below.  This does not provide the right to occupy any specific accommodation but provides the registered member the right to exchange those points for a vacation service.  The properties exchanged will be delivered at a point value based upon availability, season, size and other factors.  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 the most points-based exchange access to the finest Five Star Resort accommodations located worldwide.  Members also have exclusive access to the “Diamond” Resort Portfolio. Diamond Membership is available by invitation only.
Platinum
Carefree Journeys Platinum Membership includes all the benefits of a Gold Membership, but with bonus points of exchange access to the finest Five Star Resort accommodations located worldwide annually. These Five Star Resort Condos are available exclusively to Platinum Members. 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 an exchange.
Gold
Carefree Journeys Gold Membership includes all the benefits of a Silver Membership, in addition to allowing members to exchange  up to twice as many points annually for  access to 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 exchange access to some of the finest Five Star Resort accommodations located worldwide. Carefree Journeys Silver Memberships allow members to exchange typically the sufficient number of points to provide a 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 Journey’s 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 as Exhibit “A”; and

(d) the terms and conditions of Carefree Journeys’ Privacy Policy attached hereto as Exhibit “B”.

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. Your membership is cancelled only upon your request or if membership fees are in arrears for more than two years.  After the two (2) year period of membership dormancy, a reinstatement fee of $995 will be required in order to reactivate the membership.

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 cfreejourneys.wpengine.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.

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 point value summary may change without notice. Also, point exchange rates are subject to availability at the time of booking and seasonal point values 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. Point exchange rates begin at approximately 500 points and typically do not exceed 2000 points. The point value 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 point value surcharge.  Member is not paying for the rental of any particular property; member is only paying a service fee for the services provided by Carefree Journeys.  Carefree Journeys earns its service fee per point at the time of Exchange reservation and the member will only be billed the service fee at that time.  If no reservation is made, no reservation service fee will be charged.

(c) the published point values are subject to verification and revision at the time of exchange;

(d) the exchange may also require special government taxes, levies and government charges in some jurisdiction;

(e) cancellations of exchanges 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 service fee deposit to be applied as a credit toward the reservation service fee. If member elects not to complete the applicable reservation transaction, then the 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. If a member decides to cancel his or her membership and the deposit has not yet been applied to a reservation transaction or membership renewal, then the deposit will be refunded in full once written membership cancellation notice has been received.

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 [email protected].

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 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 Membership is to be transferred; a transfer review fee of $599 is paid to Carefree Journeys, LLC for 3rd party transfers unless waived by Carefree Journeys, LLC in writing (this fee is waived for all transfers to immediate family members); 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.

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
Assignment and subcontracting

9.1           Carefree Journeys may assign this agreement to any other person without the need to obtain your consent or approval.

9.2           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 10
Governing Law and Dispute Resolution

10.1         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.

10.2         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.

10.3         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 11
POINT VALUATION AND ALLOCATION USE YEAR

11.1         All vacation services are assigned points by the “Network Administrator”.  The Network Administrator is Carefree Journeys, LLC and its successors or assigns in interest.  The assigned value is determined by the Network Administrator in its sole discretion and is based upon factors including but not limited to, supply and demand of vacation time of the Concierge Service Products and Service, unit type, seasonality and historical occupancy percentages, season and availability and type of core amenities at the accommodations.  The Network Administrator may revalue the vacation service from time to time, which may lead to an increase or decrease in the assigned point value for that vacation time.  A Copy of the current Points Value Summary is attached hereto.  The initial allocation of points to a member is determined by the Network Administrator when the Member makes its first deposit into the Network Depository.  Network Depository is the collection of inventory from which points exchange requests and other demand needs are confirmed.  The number of points which a Member receives annually is the aggregate of points allocated to the Member.  Points cannot be accumulated or rolled over from year to year.  A member will be allocated its points each year on its anniversary and subsequent year’s allocations shall expire simultaneously.

EXHIBIT “A”
INTRODUCTION AND ACCEPTANCE OF TERMS AND CONDITIONS

Please read the following information carefully before you access this website. By entering this website and/or using it to obtain any benefit, product or service, you are agreeing to be bound by the following terms and conditions of use, as the same may be revised, supplemented, or amended from time to time (“Terms Of Use”). When using any particular benefit, product or service available through this website, you will also be subject to each and every term and condition applicable to that particular benefit, product or service, as the same may be revised, supplemented, or amended from time to time (“Special Use Terms”). Any revision, supplement, or amendment to the Terms Of Use and/or the Special Use Terms shall be effective and binding upon you from the time it is incorporated into this website, and no other notice is required or will be provided to you. If you do not agree to the Terms Of Use and/or the Special Use Terms, please do not enter or use this website. For members of Carefree Journeys, the Terms Of Use and the Special Use Terms shall be deemed to supplement the terms and conditions contained in any purchase agreement for a Carefree Journeys membership (“Concierge Service Terms”). In the event of any conflict between either of the foregoing and the Terms Of Use and/or the Special Use Terms, the provisions of the Concierge Service Terms shall prevail.

COPYRIGHT

Carefree Journeys, its logo, design, and carefreejourneys.com are copy written and owned by Carefree Journeys, LLC. The marks may not be used in whole or in part without the prior written consent of Carefree Journeys, and any use without such permission may constitute trademark infringement and unfair competition in violation of international, national, and state/provincial law.

OWNERSHIP OF MATERIAL INCLUDED IN THIS WEBSITE

The information and content included in this website is copyrighted and may not be used, copied, distributed, revised or reproduced in any medium, in whole or in part, without the prior written permission of Carefree Journeys. The images included in this website are either owned by Carefree Journeys or are used with the permission of their respective owners or assigns. This website is owned by Carefree Journeys, which also owns all associated intellectual property rights, including, without limitation, all copyrights, patents, trademarks and trade secrets. The material contained in this website is derived in whole or in part from materials protected by international copyright and other intellectual property laws. Under no circumstances may the information and content included in this website be displayed, reproduced, or published without the express written consent of Carefree Journeys, and all rights not otherwise granted are fully reserved.

YOUR MEMBERSHIP AND PERSONAL INFORMATION

In granting you access to this website as a member of Carefree Journeys, you agree to provide true, accurate, current, and complete information when you communicate using this website. You are responsible for maintaining the confidentiality of your membership number and any password(s) assigned to you or selected by you, and you are further responsible for any and all activities that take place on this website using your membership number and password(s). You agree that Carefree Journeys or any third party providing any product, program, benefit or service (“Providers”) may communicate with you about any matter pertaining to your membership or the purchase of any product, program, benefit or service made available to you through the use of this website by using the email address, the facsimile number, and/or the mailing address you provide. Unless you notify Carefree Journeys in writing through this website of any change in your personal or membership details, Carefree Journeys and/or the Providers will continue to communicate with you using the personal and membership details included in your original Membership Agreement.

MEMBER CONDUCT IN CONJUNCTION WITH THE USE OF THIS WEBSITE

This website may offer Carefree Journeys members access to bulletin boards or other electronic media that allow communication and/or member feedback to Carefree Journeys. In conjunction with, and as a condition to, your use of any such bulletin board or other electronic medium, you agree not to (1) email or otherwise transmit any unlawful, threatening, abusive, defamatory, obscene, pornographic or indecent information or images of any type, including any transmission that would constitute a criminal offence or that could result in a violation of any local, state/provincial, national or international law; (2) impersonate any other person, including but not limited to another Carefree Journeys member, an employee of Carefree Journeys, or an employee of a Provider; (3) harass or stalk another person; (4) collect, store or communicate to any other person any information about any other user of this website; or (5) transmit or exploit any information or benefit, product, or service offered through this website for commercial purposes. You agree to indemnify Carefree Journeys and Providers and hold each of them harmless from any claim or demand made by any third party resulting from your violation of any of the foregoing, including reasonable attorney fees incurred by Carefree Journeys. You further agree that by violating any of the foregoing, Carefree Journeys may also suspend or terminate your access to this website and/or terminate your Carefree Journeys membership.

YOUR PRIVACY

Carefree Journeys will collect and utilize information about you pursuant to the guidelines established by Carefree Journeys’ privacy policy, as the same may be revised, supplemented, or amended from time to time. A copy of the current privacy policy may be obtained by written request to Carefree Journeys.

LINKS TO THIRD PARTY WEBSITES

Carefree Journeys may, in its discretion, provide links from this website to websites owned and operated by Providers or other third parties. In addition, links to this website may be provided from other websites, with or without the knowledge of Carefree Journeys. Carefree Journeys is not responsible for the content of any such website, nor does Carefree Journeys control the content or the operation of any website linked to this website or to which this website may be linked. Carefree Journeys therefore disclaim any liability or responsibility arising from the use of any other website by any Carefree Journeys member or any other user of this website. Any link to another website through this website does not constitute an endorsement the other website, nor does it indicate that Carefree Journeys is responsible for providing or delivering any benefit, product, or service offered through any such third party website.

NO WARRANTIES

Carefree Journeys intends that the data and information included in this website is up to date and accurate. However, since a substantial portion of the data and information contained in this website has been obtained from a variety of third party sources, it is made available to Carefree Journeys members and other users of this website on an “as is” and “as available” basis, without any express or implied warranty of any kind. To the fullest extent possible under applicable law, Carefree Journeys expressly disclaim any warranty, express or implied, including, but not limited to, implied warranties of fitness or merchantability for a particular purpose with respect to the content of this website and the information and materials contained in it, or with respect to any product, program, benefit, or service made available through this website. In particular, Carefree Journeys does not warrant that the rates for the various types of travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, transport, accommodation and other third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants as disclosed in the website cfreejourneys.wpengine.com. or any of the brochures published by Carefree Journeys (“Concierge Service Products and Services”) offered to Carefree Journeys members through this website will be available at the time a reservation request is made, and each further advises that price as well as availability is subject to change without prior notice. Carefree Journeys makes any representation regarding the use or the results of use of any information or data obtained from a third party or from a third party website to which this website may be linked. Furthermore, Carefree Journeys does not warrant that the functions associated with the use of this website will be uninterrupted, timely, secure, or error free, or that the website or the servers that make it available are free from viruses or other harmful features. By using this website, you acknowledge and agree that any information or data you access or download is obtained at your own risk and that you will be solely responsible for any damage to your computer system or for the loss of any information or data that may result from your use of this website.

ROLE OF CAREFREE JOURNEYS MEMBERSHIP SERVICES

Carefree Journeys Membership Services acts only in the capacity as a conduit for Carefree Journeys members in requesting and confirming reservations for resort accommodations based upon availability and terms of use of each resort. Carefree Journeys is not responsible for any damage, expense, or injury to property, or for any damage, expense, or injury resulting to any person caused by the use or the unavailability of any of the Concierge Service Products and Services, or for any change or delay in the delivery or the provision of the Concierge Service Products and Services for any reason whatsoever.

NOTIFICATION REGARDING TERMS AND CONDITIONS

Carefree Journeys may revise, supplement, or amend any of the terms and conditions set out above, and, further, may revise, supplement, or amend any of the terms and conditions contained in the Carefree Journeys Membership Agreement, by publishing any such revision, supplement, or amendment at this website. Any such revision, supplement, or amendment shall be effective upon publication. Carefree Journeys therefore invites Carefree Journeys members to visit this website on a regular basis to remain apprised of all such revisions, supplements, or amendments.

MODIFICATION OF THIS WEBSITE

Carefree Journeys reserves the right to modify, add, or delete information and content included in this website in its sole discretion, and to modify, add or delete any benefit, product, or service made available to Carefree Journeys members through this website.

GOVERNING LAW AND DISPUTE RESOLUTION

The Terms Of Use associated with this website shall be governed by and construed in accordance with the laws of the Florida and venue shall rest in Orange County, Florida without giving any effect to any conflict of laws principles. Any dispute involving or relating to the Terms of Use associated with this website shall be subject to the laws of Florida, whatever the nationality of the user or the Carefree Journeys member. In the event such Terms Of Use are translated into a language other than English, the English text shall be deemed controlling and shall prevail in the event of any conflict with a translated version of the Terms Of Use. Any user of this website, including any Carefree Journeys member, agrees that the courts of Orange County, Florida shall have exclusive jurisdiction to resolve any disputes that arise in connection with the use of this website.