Vacation Getaway Destinations, LLC (hereafter called “Host”) provides its services on the following basis.
The purchaser or shopper of services or goods (hereafter called “Customer”) and a company who features the Host’s services or goods on their site or sites that they have a relationship with (hereafter called “Publisher”) are of the opinion that the Host has the necessary qualifications, experience and abilities to provide services to them and the Customer. The Host is not a travel agency. The Host is a business to business service provider whose sole responsibility is to coordinate the physical delivery of promotional products from third party certificate and fulfillment companies to the Customers of Publishers who have paid the Publishers directly.
The Host is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described below and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree to the terms as follows.
The Customer and Publisher hereby agree to engage the Host to provide the Customer with services (the "Services") described on Host’s advertisements, vouchers, and webpages. The Host hereby agrees to provide such Services to the Publisher and Customer as provided for herein.
The Host, Publisher, and the Customer both acknowledge the sufficiency of this consideration. The amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods or Services will be paid by the Customer, or alternatively, the Customer will provide the Host with a tax exemption certificate acceptable to the applicable taxing authorities.
Services for US and Canadian citizens only. The Customer’s or Publisher’s failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Services or Goods and a waiver by the Purchaser of all claims with respect to the Services or Goods.
Except as otherwise provided in this Agreement, the obligations of the Host will terminate upon the earlier of the Host ceasing to be engaged by the Customer or Publisher or the termination of this Agreement by the Customer, Publisher, or the Host.
No performance penalty will be charged if the Host does not perform the Services within the time frame provided by this Agreement. A Publisher is authorized to sell up to 50 vouchers total. This term also supersedes any other agreement.
Customer and Advertiser shall promote the interest of Host and shall not affect adversely Host’s good standing and reputation.
The Customer and Publisher agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Host, which they has obtained, except as may be necessary or desirable to further the business interests of the Host. This obligation will survive indefinitely upon termination of this Agreement.
Website names of Host on Publisher’s websites must provide a direct link that when clicked on go directly to the respective page. Not having this when an ad goes live is failure of the Publisher to represent the terms correctly and releases any responsibility of the Host. Publisher must take down ads right away if advised by the Host. Host is further not responsible for ads that stay up once they have requested them to be taken down. The Customer or Publisher will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Host.
THE SERVICES OR GOODS ARE SOLD 'AS IS' AND THE HOST EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Host's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the services. All fees are non-refundable.
Customer and Publisher hereby agree to indemnify and hold harmless Host, their agents, servants, employees, and representatives, from any and all claims, debts, advertising costs, liabilities, suits, or proceedings, of any nature whatsoever, that currently exist, or which predate this Agreement, or which may arise subsequent to the date of this Agreement, arising out of any non-adherence to these terms and conditions. This indemnification obligation is not limited in any manner whatsoever and all expenses, including legal fees, judgments, settlements, incurred by Host, their agents, servants, employees, and representatives, in order to give full effect to this indemnification provision, shall be assessable and payable by the claimant (Customer or Publisher), on demand without setoff.
The terms on the travel certificates are subject to change without notice. The user is responsible for the terms and conditions how they appear during redemption time. Customer must redeem their voucher code from the Publisher with the Host the same day they receive it and send in the Activation form the same day as they are receive it from the Host. Customer and Publishers acknowledges that Host is not a hotel or cruise line and that Host’s responsibility is to fulfill the delivery of certificates, vouchers, etc. to Customer after Customer purchases them and pays Publisher. Host is not responsible for the service provided by other parties, including Publisher and travel service providers. While Host has yet to experience increases in processing company’s fees, Customers are responsible for processing redemption fees which are subject to change without notice. Redemption processing fees are fees Host may receive from Customers for the delivery of travel e-books and restaurant gift certificates. The delivery of travel forms is a free service that comes with it. Host makes no money by providing travel services. Customers and Publishers will hold Host harmless from any loss incurred while redeeming through any third party including processing companies, fulfillment companies, hotels, resorts, and cruise lines. If a specific certificate is no longer fulfillable, Host will make efforts to provide Customer with a travel certificate with a similar benefit and at the very least a travel certificate good for any vacation when the terms and conditions are followed during redemption time and/or three Travel E-books, and/or another promotional offer such as savings on groceries; the Host may decide which. These offers may require additional fees to utilize.
Host is also not responsible for any losses due to Customer not following the terms provided at redemption time. Under all circumstances Host’s liability is limited to the amount received directly from any Customer or Publisher. Host is not responsible for any faulty-performance or non-performance fines or fees. In the event that Host states clearly in writing that they are unable to provide their agreed upon service, the Publisher will refund customer’s money and Host will owe nothing to Customer or Publisher or be liable in any way.
This Agreement constitutes the entire agreement between the parties and there are no further terms or provisions, either oral or otherwise. The Purchaser acknowledges that it has not relied upon any representations of the seller as to prospective performance of the Services or Goods, but has relied upon its own inspection and investigation of the subject matter.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States dollars.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is understood by the parties that Host’s offer and Customer’s acceptance are made at Host’s offices in the State of New York. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New York, without regard to the jurisdiction in which any action or special proceeding may be instituted. Any legal action concerning these Terms or this Web site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of New York where our corporate headquarters are located.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, including the New York Uniform Commercial Code and the Seller and the Purchaser hereby attorn to the jurisdiction of the Courts of the State of New York.
Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of New York on the date of execution of this Agreement.
State law changes from time to time. Certain states may prohibit or impose strict regulation on the sale of travel certificates. Services are not for CA, FL, HI, IA, or IL consumers. If a state, processor, or fulfiller, hotel or cruise line restricts or regulates the sale of a travel certificate, the certificate sold shall be deemed a free bonus and the substance of the Customer’s purchase three Travel e-books, redeemable upon request by e-mailing Host. Three Travel E-books are provided with every sale upon e-mail request.
In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any and all outstanding issues may be submitted to mediation in accordance with statutory rules of mediation for the State of New York. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of New York. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of New York.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Host reserves the right, without prior notice, to discontinue, change, modify, or amend any of these terms, conditions, notices relating to certificates to be delivered by Host.
Customer and Publisher agree to the terms and conditions set forth here. These terms shall supersede any other contract, written or otherwise between a Customer or Publisher and the Host.