EXPERIENCE COLLECTION - MEMBER EVENTS TERMS AND CONDITIONS
- ELIGIBILITY. Only Club members and other permitted users of the Club, their respective Spouses and guests, and guests of the Club may participate in Member Events. My guests may only participate in Member Events unaccompanied by me or my Spouse in accordance with the terms of my membership agreement with the Club ("Club Membership Agreement").
- RELATIONSHIP TO VENDORS. I understand that the Club has contracted, or will contract, with third party vendors ("Vendors") to provide Member Events. They are not partners or joint venturers or agents of one another. For any Member Event, I understand that I will pay the Club and that the Club is responsible for paying the required amount to the Vendors. I agree that these Terms and Conditions cover me, any minors traveling with me, any guests traveling with me, the Club and the Vendors.
- APPLICABILITY. By submitting a request to make a reservation for a Member Event, I accept, without limitation or qualification, these Terms and Conditions. These Terms and Conditions apply to each reservation and accommodation unit that I request or that are included in the applicable Member Event (my "Requested Event"). Until my reservation request is confirmed by the Club, the Club may, in its sole discretion, amend these Terms and Conditions. Future requests I submit to make reservations for other Member Events will be subject to then current or trip-specific Terms and Conditions.
- PLAN DAYS AND FEES. I understand that my Requested Event requires me to use the number of Plan Days (in the applicable Membership Year) determined by the Club and specified in the trip-specific materials that will be made available to me by the Club in connection with my confirmed reservation ("Trip Materials"). In addition, I understand that I may be required to pay a fee for my Requested Event (the "Fees") (in addition to any amounts due from me to the Club under my Club Membership Agreement, including, without limitation, Annual Dues and Other Fees) as specified in the Trip Materials. Until my Requested Event is confirmed, the applicable Plan Days and Fees are subject to change
To confirm my reservation for any Requested Event, I agree the Club will apply 100% of the total number Plan Days required for my Requested Event and I will make a payment of either fifty percent (50%) or one hundred percent (100%) of the Fees as specified by the Club for my Requested Event. If am I required to pay only fifty percent (50%) of the Fees to confirm my reservation for my Requested Event, the balance will be due 240 days prior to the first date of my Requested Event. I agree that changes which I am permitted to make may result in an additional charge, or the imposition of a full or partial cancellation fee or administrative fee, which will be charged promptly to my credit card on file with the Club. I agree that all Fees for my Requested Event will be immediately charged to my credit card on file with the Club when due (and that I will be the sole party responsible for paying this amount; the Club will not bill separate parties or allow parties other than me to pay the Fees). I will be responsible for all expenses associated with my or my guests' participation in my Requested Event. I understand that all or a portion of the Fees for my Requested Event are non-refundable once paid as set forth in Section 6 below.
- EVENTS RESERVATION POLICIES.
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- GENERAL. Only my Plan Days may be applied to my Requested Event (the Club will not allow other Club members to apply their Plan Days to my Requested Event). The Trip Materials for my Requested Event will provide further details about reservation requirements and policies applicable to the trip. For example, the Trip Materials will specify the number of Plan Days that I will be required to use to reserve my Requested Event, based on the number of travelers I submit, the trip-specific accommodation arrangements, and other factors. I agree that all reservations and Plan Days required for me and my guests to participate in all confirmed reservations for my Requested Event will be deducted from my Club membership.
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- AVAILABILITY POLICY DOES NOT APPLY The Availability Policy does not apply to reservations for Events.
- EXCLUSIVE EVENTS CANCELLATION POLICIES.
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- CANCELLATION PENALTIES. The following cancellation penalties apply to my Requested Event i. if I cancel a confirmed reservation for my Requested Event and the Club is able to fill and receive payment for all places I have reserved on my Requested Event (which may be done after all vacant or previously cancelled places have been filled and paid for), I will receive a refund of all Fees I have paid, less an administrative fee determined by the Club in its sole discretion (currently seven and one-half percent (7.5%) of Fees and subject to change) and any change fees paid to the Vendors, and I will be given full credit for any Plan Days associated with the cancelled reservation in accordance with the cancellation policies in my Club Membership Agreement; ii. if I cancel a confirmed reservation for my Requested Event and the Club is not able to fill and receive payment for all places I have reserved on my Requested Event, I will forfeit all amounts paid to the Club in connection with my reservation (including all Fees). and I will lose all Plan Days associated with the cancelled reservation for the Membership Year in which they were to be used.
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- "NO SHOW" POLICY I acknowledge and agree that, in addition to the other penalties set forth in this Section 6, if I fail to provide notification of a cancellation (i e., a "no show") for a confirmed reservation for my Requested Event, I must pay the Club a
$2,500 "no show" fee, which will be promptly charged to my credit card on file with the Club.
C OTHER NON-REFUNDABLE EXPENSES. I understand that other expenses I incur from third parties in connection with my Requested Event (i e, visas, shore excursions and pre- and post-trip extensions) may have different cancellation and refundability terms and conditions, and that payments made by me to such parties may be 100% non refundable once paid, and the Club is not responsible for these expenses.
- FORCE MAJEURE. The Club and the Vendor will not be responsible for my or my guests' costs resulting from the Club's or the Vendor's cancellation of any reservation or failure to deliver any service if the cancellation is due to forces beyond the Club's or the Vendor's reasonable control, including but not limited to tour operator failures, flight cancellations, significant risks to human health, epidemics, diseases, public health emergencies, quarantines, acts of war, government instability, terrorist attacks, severe weather, acts of nature, power outages, systems failures, unavailability of services or amenities, strikes, boycotts, picketing, work stoppages or other labor actions, or any event beyond the Club's or the Vendor's reasonable control that makes an Event or any
portion thereof unavailable ("Force Majeure Event"). A United States or British governmental travel warning may constitute a Force Majeure Event. The Club, in consultation with the applicable Vendor will exercise their commercially reasonable discretion in determining whether to cancel my Requested Event in the event of the issuance of a United States or British governmental travel warning applicable to any location in my Requested Event. Cancellations by the Club for a Force Majeure Event typically will occur less than thirty (30) days prior to the first day of my Requested Event unless otherwise determined by the Club in its sole discretion. In the event of a complete cancellation of my reservation due to a Force Majeure Event, the Club may (a) reschedule my Requested Event until after the Force Majeure Event has passed, (b) provide me with a credit for use on another member event, or (c) give me full credit for any Plan Days associated with the cancelled reservation. Under no circumstances will the Club or any Vendor be required to provide alternative accommodations or reimburse or credit me any Fees and/or any expenses in connection with any such cancellation.
- TRIP INSURANCE. Trip Insurance is strongly recommended. You may purchase travel insurance through our partner Travel Insured International. The dedicated phone number for Club members is 844-228-3677, option 2, or Club members may request a quote by email at exclusiveresorts@travelinsured.com.
- TRAVEL REQUIREMENTS. I understand that proper travel documentation is required to be obtained by me and my guests for my Requested Event and that any individual (whether me or any of my guests) who fails to have proper documentation as of the date specified in the Trip Materials may be prohibited from participating Without limiting the generality of the foregoing, in the event that any destination included in my Requested Event (A) requires a COVI D vaccine or other vaccine for entry, and/or (B) imposes other entry requirements (i e., negative COVID test, etc.), any individual (whether me or any of my guests) who does not comply with the applicable requirements will be prohibited participating in my Requested Event. In any such event, the cancellation penalties set forth in Section 6 above will apply. I understand that the Club takes no responsibility for my travel documentation required for the airlines and/or ships involved in my Requested Event and/or immigration to foreign countries.
- ADDITIONAL DOCUMENTS AND PREFERENCES. I agree that, once the Club confirms my Requested Event, I will promptly execute and deliver to the Club or the Vendors such agreements, instruments, certificates and other documents as the Club or the Vendors may reasonably request or as may otherwise be necessary or proper to facilitate my participation and that of any minors traveling with me. I understand that such documents may impose additional terms and conditions regarding my Requested Event, including but not limited to age limits for participants in certain activities. In the event of a conflict between these Terms & Conditions and such documents, these Terms & Conditions will control unless the Club indicates otherwise. Furthermore, I agree to respond to requests from the Club or the Vendor regarding trip-specific preferences for me and my guests (e.g., bedding configurations, activity participation, etc.) by any deadline(s) specified by the Club. If I fail to respond to any such request, I agree that the Club may make a selection on behalf of me and my guests, and will use its reasonable efforts to accommodate a preference I submit after the deadline, but I understand that the Club may not be able to accommodate such preferences, and that the Club's selection on my behalf because of my failure to respond by the specified deadline(s) is binding
- CHANGES. I understand that the following changes may occur
- In the event that my Requested Event is under-subscribed, it may be cancelled and my deposits returned.
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- When unforeseen circumstances or events beyond the Club's or the Vendors' control occur, accommodations (hotel or vessel) and arranged sightseeing may be changed Every effort will be made to operate Events as planned, but alterations may occur after the final itinerary has been issued.
C The Club and the Vendors reserve the right to make such alterations to the itinerary or program inclusions as either deems necessary or desirable, and to pass on to program members any expenditures or losses caused by delays or events beyond their control.
D. Except as provided in Section 9.C above, the price of my Requested Event will not change after I have paid my Fee, except that the Club or the Vendors may impose an additional charge only for and to the extent of new or increased taxes, tariffs or fuel surcharges after prices were published.
- PHYSICAL CONDITION. I represent as follows
A Neither I nor anyone traveling with me has any physical or other condition or disability that could create a hazard or risk to me, or to other travelers in the group.
B. If I or anyone traveling with me has a physical or other condition or disability that could create a hazard or risk to me or to others, I will disclose it to the Club at the time of booking. If I learn of any such condition during travel, I will disclose it to the Club or the Vendor.
C I understand that some activities include active elements for which some minimum level of fitness is required.
- The Club or the Vendor may, in its sole discretion, but has no duty to, prevent participation in any activity or portion of a trip that it considers unsuitable due to fitness level.
- IF I HAVE QUESTIONS OR NEED CLARIFICATION ABOUT A SPECIFIC ACTIVITY, I WILL ASK FOR DETAILS.
- SPECIAL REQUESTS. I understand that I must make any special requests (such as adjacent or connecting rooms, bedding requests, smoking or non-smoking rooms and special dietary requests) at time of booking, and that not all requests can be granted.
- LIMITS ON THE CLUB'S AND THE VENDOR'S RESPONSIBILITY: I understand and
agree as follows (READ THIS CAREFULLY)
A USE OF INDEPENDENT CONTRACTORS. Other than Club residences which may be utilized for a Member Event, neither the Club nor any Vendor (including their owners, employees, shareholders, officers, directors, successors, and agents) own or operate any entity which is to or does provide goods or services for my Requested Event The Club contracts with the Vendors and the Vendors purchase transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, neither the Club nor any Vendor is liable for any negligent or willful act of any such person or entity or of any third person
B. LIMITATION OF LIABILITY. In addition and without limitation, neither the Club nor any Vendor is responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or Force Majeure Events, overbooking or downgrading of services, food poisoning, mechanical
or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
C TRAVEL RISKS. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that many experiences take place in remote locations, far from medical facilities. I assume all such risks associated with participating in my Requested Event
D. INDEMNIFICATION. I agree to indemnify and hold the Club and its affiliates and their officers, directors, members, managers, employees, representatives and agents (the "Indemnified Parties") harmless from any and all losses, costs, claims, injuries, damages or liabilities ("Claims") sustained or incurred in participating in my Requested Event, including but not limited to Claims arising in connection with (i) any illness,
injury or death to me or any of my guests, (ii) any damage to personal property belonging to me or any of my guests, (iii) any damage to property belonging to the Club or any other person, and/or (iv) any violation of the Club's standard of conduct by me or any of my guests I agree, on behalf of myself and my guests, that I will not bring any suit, claim or legal action against the Club or any Indemnified Party for any Claim incurred by me or my guests resulting from or relating to the participation in my Requested Event, except as otherwise provided in Section 14 below.
- TRAVEL ADVISORIES AND WARNINGS. It is my responsibility to become informed about the most current travel advisories and warnings by referring to the U S. State Department's travel website at www travel state.gov/ or by phone at 1-888-407- 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of my Requested Event, if the trip is still going, and I choose to travel, I assume all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against
- ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to my Requested Event, these Terms and Conditions, the Limits on the Club's and the Vendor's Responsibility clause, the Trip Materials, any information relating in any way to my Requested Event, my Requested Event itself, or any products or services related to my Requested Event, shall be subject to the alternative dispute resolution provisions of my Club Membership Agreement
- PHOTOGRAPHY. The Club, the Vendor, and their respective employees, contractors and representatives reserve the right to take photographs or videos during the operation of my Requested Event and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation for my Requested Event, I agree to allow my likeness to be used by the Club and the Vendor without compensation to me. If I prefer that my likeness not be used, I must notify the Club in writing prior to departure of my Requested Event
- USE OF PERSONAL DATA. By accepting these terms and conditions, I agree that I am providing express consent to the Club and its affiliates to collect and use of my personal data, and to share my personal data with third parties, including, without limitation, the Vendor, for purposes of fulfilling my Requested Event
- MISCELLANEOUS.
- Unless otherwise set forth herein, my participation and that of each minor traveling with me will be governed by the terms and conditions of the Club Membership Agreement and any additional agreements that I execute pursuant to Section 8 above, if any Capitalized terms not defined herein will have the meaning assigned to them in my Club Membership Agreement
- Member Events are offered by third parties in collaboration with our related parties, including FOL Event Management, LLC which is registered as a seller of travel in the States of Florida, Hawaii, and Washington, and provides travel services under Fla. Seller of Travel Reg. No. ST44910. Any requisite seller of travel information will be provided to you in a separate communication from the Club.
I accept these terms and conditions applicable to my Requested Event, and acknowledge that these terms and conditions differ from those set forth in my Club Membership Agreement. By communicating my agreement to these terms and conditions to the Club, I am accepting these terms and conditions electronically. I agree that my electronic acceptance is the legal equivalent of my manual signature on these terms and conditions and is legally binding on me. Until my reservation request is confirmed by the Club, all terms and conditions are subject to change without notice.