This vacation package is valid for permanent residents of the United States
andCanada for $49 plus a $29.47 processing fee ($78.47 in total). The
purchaser of thisvacation is entitled to an Orlando area vacation for two
adults and up to twochildren in the same room and includes a minimum of three
nights’ accommodationsin the Orlando area at a Resort such as Summer Bay
Resort, The Fountains or similarresort properties. We plan ahead for your
arrival; therefore, we require a $150.00REFUNDABLE reservation deposit to be
applied to your card at the time of bookingyour vacation with us in order to
guarantee your arrival. Your deposit will berefunded in full, via the issuance
of a $150.00 Visa Gift Card, upon completion ofyour required presentation in
its entirety.
In the event the accommodations are not available at any of our partner
resorts, you will be offered alternative accommodations at a resort area hotel
rated 3 stars or higher such as Comfort Inn, The Holiday Inn Express, Rosen
Inn, or similar. All Hotels require valid photo identification and a valid
major credit or debit card upon check-in to cover the cost of incidental
charges such as meals, gratuities, hotel taxes, resort fees and parking which
are not included and are itemized below. Hotel room taxes of approximately
$12-$24 per night (depending on hotel, day of the week, and time of year) are
payable directly to the hotel upon check-in at the hotel. Resort Fees and
Parking of approximately $15 to $35 per day plus tax are payable directly to
the hotel upon check-in. All fees charged and/or credit card
preauthorization’s by the hotel are subject to change at the hotel’s
discretion. This offer includes a separate bonus certificate valid for a 3 or
4-Night Cruise Vacation for two upon completion of your sales presentation and
vacation. It is described below in more detail. Travel must be completed
within twelve months of the purchase date of the vacation. The promoter of
this vacation is VacationVIP, LLC located at 5900 Lake Ellenor Drive Suite 300
Orlando, FL 32809. Vacation reservations are processed and confirmed by its
Reservation partner, Sogno Tours, LLC dba VacationVIP.com a registered
Seller of Travel Florida No. Florida: ST44683 | Washington: 605354522 |
California: 2156600-50 | Hawaii: 7531. Sogno Tours, LLC dba
VacationVIP.com can be reached via 1-407-554-9482 (Monday -Thursday 9 am
ET - 10:30 pm ET, Friday 9 am ET - 8 pm ET, or Saturday & Sunday 10 am ET
- 6:00 pm ET). The verifiable retail value of this promotional vacation based
on February 2025 travel is up to $728 based on applicable hotel taxes and
Resort fees per published rates and online travel agency rates published on
the Internet for the applicable accommodations in Orlando, Florida. The
verifiable retail value of the bonus vacation certificate is up to $1575. The
verifiable retail value of the entire vacation package is up to $2303
depending upon time of year.
Eligibility
To be eligible to participate in this promotional offer, adult couples or
singles must meet the following qualifications: be employed full-time with a
minimum, annual gross household income of $50,000 or retired, if retired must
be 55 years of age or older. All participants must be creditworthy and carry
an active major credit or debit card. Participants must speak English or
Spanish fluently. Additionally, if married or cohabiting, one traveler must be
at least 28 years of age and must travel and attend the entire presentation
together. Married and Cohabiting couples must have matching identification with
the same address. Single women must be at least 30 years of age and meet the
qualifications listed above. Attendance at a sales presentation on the benefits
of a discounted Vacation Membership Program, lasting approximately 90 to 120
minutes, (depending upon your level of interest) is required. Minimum credit
qualifications must be met to stay at the advertised accommodations.
Alternative accommodations may be offered for those that do not meet the
minimum credit qualifications. This vacation is fully transferable to another
party that meets the qualifications with payment of a $100.00 transfer fee.
This offer may not be combined or used in conjunction with any other offer
provided by the promoter, or its affiliates. This offer is limited to one
vacation per household/family within or outside of the same residence and is
not valid for more than one couple traveling together, groups traveling
together, family reunions, two or more families traveling together, or for
anyone attending a convention or conference. Those who violate the previously
mentioned group policy will only be eligible to attend one presentation
together regardless of the number of vacation packages being used. Those who
do not attend the presentation in its entirety will forfeit all monies
collected and will be charged the retail value of the accommodations and
amenities.
Reservations
You may complete your reservation request form online or contact our
Reservation partner, Sogno Tours, LLC dba VacationVIP.com at
1-407-554-9482 (Monday -Thursday 9 am ET - 10:30 pm ET, Friday 9 am ET - 8 pm
ET, or Saturday & Sunday 10 am ET - 6:00 pm ET). Check-ins are available
seven days per week on a space-available basis and are subject to
VacationGurus hotel allotments. Please provide a minimum of 30 days’ advance
notice prior to your requested check-in date as certain days of the week and
times of the year sell out quickly and become extremely limited. Certain times
of the year (such as holidays, peak seasonal travel dates, large conventions,
sporting events, and special events) may be available at an additional fee.
Please contact the Reservations Department for more details. Do not book
airline flights until you have received your final confirmation letter from
VacationGurus. Changes to a confirmed reservation are accepted up to 5 days
prior to a confirmed arrival for a $250 change fee unless you have purchased
Travel Protection in advance of changing your arrival dates. Any
changes to a hotel reservation within 5 days of arrival, No Shows to the hotel
or failure to attend the presentation in its entirety will result in
forfeiture of the vacation package and all monies plus a charge of $500 to
offset the retail rate of accommodations.
Within approximately 7 days after your purchase, you will receive a text
requesting you contact Sogno Tours, LLC dba
VacationVIP.com to
discuss your preferred travel dates and other options. Fourteen days prior to
your arrival you will receive an email, text and/or phone call to contact
VacationGurus to complete your final confirmation of your arrival. Failure to
respond within 5 days of your arrival date will result in your reservation
being canceled and will not be eligible for reinstatement.
Bonus Gift
Bonus Vacation includes a certificate for a complementary 3- or 4-night
Caribbean Cruise. See Certificate for complete terms and conditions.
Additional Terms
The following people are not eligible for this promotional offer: employees of
any fractional resort, vacation ownership company, vacation club, or any hotel
brand affiliated with a timeshare brand or a vacation club, or an agent, or a
family member of an employee or an agent, of the promoter or any of its
affiliates or vendors. Full-time students are not eligible. The Reservation
partner acts as an agent for hotels and all other services supplied as part of
this vacation package and shall not be liable for any loss, cancellation
costs, delays, irregularities, accidents, injuries, damage to persons or
property, indirect, incidental, special or consequential damages, arising
from, or in conjunction with, any of these services. The Reservation partner
will not assume any responsibility and shall not be liable for delays,
cancellations, or interruptions due to nature, strikes, Acts of God, acts of
war or terrorism, and other acts beyond its control. This promotion will be
offered throughout the U.S.; however, it is void where prohibited by law and
where state regulation and/or licensing requirements have not been met.
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30
DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATE,
WHICHEVER OCCURS LATER. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER
IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE AND SENDING
NOTICE TO: VacationGurus AT 725 West SR 434 Suite G, Longwood, Fla. 32750.
NO PURCHASER SHALL RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN
THIS CONTRACT. THIS CONTRACT IS FOR THE PURCHASE OF A VACATION CERTIFICATE
AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER’S RIGHT TO CANCEL UNDER
SECTION 559.933, FLORIDA STATUTES.
MANDATORY ARBITRATION/CLASS-ACTION WAIVER PROVISION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOURRIGHTS. You
have the right to opt out of this Agreement if you follow the instructions set
out in the paragraph titled “You Have the Right to Reject Arbitration or Opt
Out of Arbitration” below.
EXCEPT WHERE PROHIBITED BY LAW, IN THE EVENT OF A DISPUTE OR CLAIMS BETWEEN
YOU AND Sunstate Client Services dba VacationGurus, A FLORIDA CORPORATION
(HEREINAFTER “US”, “OUR”, “VacationGurus” OR “WE” AS APPROPRIATE) INCLUDING
BUT NOT LIMITED TO ANY ARISING OUT OF OR RELATING TO (I) THIS ACCOUNT; (II)
THE RELATIONSHIPS RESULTING FROM THIS ACCOUNT; (III) ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU AND US; (IV) THE PRIVACY POLICY; (V) THE TERMS AND
CONDITIONS; (VI) ANY TELEMARKETING OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT
LIMITED TO SMS//MMS/TEXT MESSAGES) YOU CLAIM TO HAVE RECEIVED FROM US OR ONE
OF OUR PARTNERS; (VII) ANY E-MAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF
OUR PARTNERS; (VIII) YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS OR OUR
PARTNERS; OR (IX) ANY OFFERS OR PROMOTIONS; (X) ANY APPLICATIONS OR
SUBMISSIONS OR (XI) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US (
HEREINAFTER COLLECTIVELY KNOWN AS "CLAIM"), YOU AGREE THAT ANY CLAIM(S) YOU
HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL
ARBITRATION, AS DESCRIBED BELOW, INSTEAD OF IN COURT. ANY CLAIM (EXCEPT FOR A
CLAIM CHALLENGING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, INCLUDING THE CLASS ACTION WAIVER) MUST BE RESOLVED THROUGH BINDING
CONFIDENTIAL ARBITRATION. THIS MEANS NEITHER PARTY SHALL HAVE THE RIGHT TO
LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND YOU VOLUNTARILY, AND
KNOWINGLY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY
JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS DISCOVERY RIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED
IN ARBITRATION OR MAY NOT EXIST. This section applies regardless of whether
such claims are based in contract, tort, statute, fraud, unfair competition,
misrepresentation or any other legal theory.
CLASS ACTION WAIVER: YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING
THAT ARBITRATION MUST BE ON AN INpIDUAL BASIS AND IN YOUR INpIDUAL CAPACITY
AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING(S). THIS MEANS NEITHER YOU NOR WE MAY JOIN
OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS,
COMPANIES, INpIDUALS, ANY OTHER PURPORTED CLASS MEMBERS OR LITIGATE IN COURT
OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY
NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award injunctive relief
only in favor of the inpidual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s inpidual claim. If a
court decides that applicable law precludes enforcement of any of this
paragraph’s limitations as to a particular claim for relief, then after all
appeals from that decision have been exhausted, that claim (and only that
claim) must be severed from the arbitration and may be brought in court. Only
a court, and not an arbitrator, shall determine the validity, scope, and
effect of the Class Action Waiver.
Your Right to Go To Small Claims Court: You may choose to pursue your dispute
or claim in small claims court (or your state’s equivalent court) rather than
by Arbitration if your dispute or Claim qualifies for small claims court for
the entirety of the proceeding. Such a small court dispute or Claim must be
brought in a location where jurisdiction and venue over you and VacationGurus
is proper. However, if such a dispute or Claim is transferred, removed or
appealed to a different court, we may then demand/transfer the dispute or
Claim to Arbitration pursuant to the terms of this Agreement. Additionally,
any such small claims court claim shall be brought and maintained only as an
inpidual action and shall not be joined or consolidated with any class or
other representative action.
Any attempt to maintain a small claims court action as a non-inpidual action
shall result in the immediate dismissal of the action, and you shall be liable
to pay our reasonable attorney’s fees and costs in connection with securing
the dismissal of any such action.
Governing Law and Rules: This arbitration agreement is governed by the Federal
Arbitration Act (FAA). Arbitration must proceed only with JAMS. The rules for
the arbitration will be those in this arbitration agreement and the procedures
of the chosen arbitration organization, but the rules in this arbitration
agreement will be followed if there is disagreement between the agreement and
the organization’s procedures. If the organization’s procedures change after
the claim is filed, the procedures in effect when the claim was filed will
apply.
Arbitration may be conducted through the submission of documents, by phone, or
in person in the county where you live or at another mutually agreed location.
The arbitrator shall follow the substantive laws of the State of Florida,
excluding its conflict of law provisions unless we agree that the substantive
law of the State in which you reside may be followed and applied. Any award
rendered shall include a confidential written opinion and shall be final,
subject to appeal under the FAA. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. For a copy
of each organization’s procedures, to file a claim or for other information,
please contact:
-
JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018,
www.jamsadr.com
(phone 1-800-352-5267).
If JAMS is completely unavailable, and if you and we cannot agree on a
substitute, then either you or we may request that a court with jurisdiction
appoint a substitute arbitration company/arbitrator.
YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF
PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF
ONLY IN FAVOR OF THE INpIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF
THAT PARTY’S INpIDUAL CLAIM.
Fees and Costs: If you wish to begin arbitration against us but you cannot
afford to pay the organizations or arbitrator’s costs, we will advance those
costs if you ask us in writing. Any request like this should be sent to
Sunstate Client Services dba VacationGurus, Attn: Legal Department, 725 West
SR 434 Suite G, Longwood Fla 32750. If you lose the arbitration, the
arbitrator will decide whether you must reimburse us for the money we advanced
for you for the arbitration. If you win the arbitration, we will not ask for
reimbursement of the money we advanced. Additionally, if you win the
arbitration, the arbitrator may decide that you are entitled to be reimbursed
for your reasonable attorneys’ fees and costs (if actually paid by you). The
parties shall each pay their own additional fees, costs, and expenses,
including, but not limited to, those for any attorneys, experts, documents,
and witnesses.
Hearings and Decisions: Arbitration hearings will take place in the federal
judicial district where you live. A single arbitrator will be appointed. The
arbitrator must:
-
Follow all applicable substantive law, except when contradicted by the FAA;
- Follow applicable statutes of limitations.
- Honor valid claims of privilege.
- Issue a written decision including the reasons for the award.
The arbitrator’s decision will be final and binding except for any review
allowed by the FAA. However, if more than $100,000 was genuinely in dispute,
then either you or we may choose to appeal to a new panel of three
arbitrators. The appellate panel is completely free to accept or reject the
entire original award or any part of it. The appeal must be filed with the
arbitration organization not later than 30 days after the original award is
issued. The appealing party pays all appellate costs unless the appellate
panel determines otherwise as part of its award.
Claim Notice and Special Payment: If you have a Claim, before initiating an
arbitration proceeding, you may give us written notice of the Claim ("Claim
Notice") at least 30 days before initiating the arbitration proceeding. The
Claim Notice must include your name, address, phone number and account number
(if applicable) and explain in reasonable detail the nature of the Claim and
any supporting facts. Any Claim Notice shall be sent to us at Sunstate Client
Services dba VacationGurus Attn: Legal Department, 725 West SR 434 Suite G,
Longwood Fla 32750 (or such other address as we shall subsequently provide to
you). If we provide you with a final written settlement offer and you don't
accept it, or we can't otherwise satisfactorily resolve your dispute, you must
submit your dispute for resolution by arbitration as outlined above and in
accordance with the arbitration organizations procedures. If, and only if, (1)
you submit a Claim Notice in accordance with this Agreement on your own behalf
(and not on behalf of any other party); and (2) an arbitrator, after finding in
your favor in any respect on the merits of your claim, issues you an award
that (excluding any arbitration fees or attorneys’ fees and costs awarded by
the arbitrator) is greater than the value of VacationGurus’s last written
settlement offer made before an arbitrator was selected, then you will be
entitled to the amount of the award or $5,000, whichever is greater. If you
are entitled to the $5,000, you will receive in addition any arbitration fees
or attorneys’ fees and costs awarded by the arbitrator. Any arbitration award
may be enforced (such as through a judgment) in any court with
jurisdiction.
Other Beneficiaries of this Provision: In addition to you and us, the rights
and duties described in this arbitration agreement apply to our Affiliates and
our and their officers, directors and employees; any third-party co-defendant of
a claim subject to this arbitration provision; and all joint Account Holders
and Authorized Users of your Account(s) or relationship between us and you,
including assignees. YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS
OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE
ARBITRATION, EVEN IF FAA or JAMS PROCEDURES OR RULES WOULD OTHERWISE ALLOW
ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INpIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INpIDUAL CLAIM.
Survival of this Provision: This arbitration provision shall survive:
- closing of your Account;
- voluntary payment of your Account or any part of it;
- any legal proceedings to collect money you owe;
- any revocation of consent you provide to us;
- termination of any application or submission you provide to us;
- your use or attempted use of any websites of our or our partners;
- any bankruptcy by you; and
- any sale by us of your Account.
You Have the Right to Reject Arbitration or Opt Out of Arbitration: You may
reject the arbitration agreement and litigation & class action waiver, but
only if we receive from you a written notice of rejection within 45 days of
the following triggering events: (a) after your purchase is initiated; (b) you
consent to the Privacy Policy or Terms and Conditions; (c) your use or
attempted use of any of our or our partners websites; (d) your submission of
an application (whether partial, incomplete, complete or otherwise) to us; (e)
your submission or providing express written consent to us to receive
e-mail(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive
any other information from us or our partners; or (f) signing up for or
inquiring about an offer, deal or promotion from us (the 45 day time starts
from whichever of the triggering events (a through f) comes first in time). You
must send the notice of rejection to: Sunstate Client Services dba
VacationGurus, Attn: Legal Department, 725 West SR 434 Suite G, Longwood Fla
32750. Your rejection notice must include your name, address, phone number,
Account number (if applicable), email address and personal signature. No one
else may sign the rejection notice for you. Your rejection notice also must
not be sent with any other correspondence. Rejection of arbitration will not
affect your other rights or responsibilities under this Agreement. If you
reject arbitration, neither you nor we will be subject to the arbitration
provisions for this Account or any Claim or dispute between us and you.
Rejection of arbitration for this Account, or any Claim or dispute between us
and you, will not constitute rejection of any prior or future arbitration
agreement between you and us. IF MORE THAN FORTY-FIVE (45) DAYS HAVE PASSED
FROM THE EARLIEST TRIGGERING EVENT (listed in this paragraph under a through f
above), YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE
YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
