DirectBuy Travel Package Terms & Conditions



These DirectBuy Travel Terms and Conditions (the "Terms and Conditions") set forth a legally binding contract between DirectBuy Travel (“DBT”) and each DBT Subscribing Member who purchases products and services through DBT (“Member”, “Traveler”). Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through DBT (collectively "Provider Terms"). By purchasing products and services through DBT, Member acknowledges and agrees to be bound by these Terms and Conditions, any Provider Terms and the terms and conditions of the DBT membership (“Membership”), which are incorporated herein and Member accepts these Terms and Conditions on the behalf of any traveling companion(s) and/or guests (including minors and those under any disability) (collectively “Guests”). Additionally, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through DBT of the contents of these Terms and Conditions and all applicable Provider Terms.

NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.


MARKETING ENTITY

The marketing entity for the DirectBuy Travel program is DirectBuy, Inc., an Indiana Corporation (DirectBuy, Inc.). All matters related to the DBT marketing process made by DirectBuy, Inc., shall be governed exclusively by the laws of the State of Indiana. Any action at law or in equity by a Member or Member’s Guests, to seek any remedy against DirectBuy, Inc. or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Lake County, Indiana (USA). In the event a Member or Member’s Guests initiates an action at law or in equity and DirectBuy, Inc. prevails, that Member or Member’s Guests shall pay all costs incurred by DirectBuy, Inc. in defending such action, including reasonable attorney’s fees, paralegal fees and court costs. Neither DirectBuy, Inc., nor any affiliate or agent of DirectBuy, Inc. is responsible for the fulfillment of the DirectBuy Travel program.


FULFILLMENT SERVICES

DBT purchases, benefits, and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”) d.b.a. Our Vacation Center (“OVC”) and d.b.a. DirectBuy Travel (“DBT”) under contract with DirectBuy, Inc. ICE is located 15501 N. Dial Blvd., Scottsdale, AZ 85260. ICE is a registered Seller of Travel in the following states: Florida #ST-29452, Washington UBI# 602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. Registration as a Seller of Travel does not constitute approval by the State of California. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.

Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.


PROVISION OF INFORMATION

Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While DBT makes reasonable efforts to ensure that this information is accurate and complete, DBT expressly disclaims liability for inaccurate, incomplete, or misleading information.


MODIFICATIONS OF THE TERMS AND CONDITIONS

These Terms and Conditions are subject to change at the discretion of DBT without prior notice. By purchasing products and services through DBT, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.


NO COMMERCIAL USE

DBT purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Failure to adhere to this limitation will result in the termination of website access benefits, the cancellation of all unredeemed certificates, and the retention of all payments made by Member up until such prohibited use is discovered by DBT.


DBT’S ROLE

Member and DBT are dealing at arms' length, creating a commercial relationship. DBT is not the Member’s agent or Member’s fiduciary. By purchasing products and services through DBT, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and DBT. DBT and OVC are acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by DBT.


AVAILABILITY

All products and services offered through DBT are available for purchase to DirectBuy, Inc. Subscribing Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider directly through DBT.


PRICES AND RATES

The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product price/rates are based on availability and subject to change without notice. Additional fees may apply. Special price/rates may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices/rates and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and prices/rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price/rate imposed by the travel provider will be passed on to Member, and Member agrees to the increase, unless otherwise stated in the terms and conditions of your individual travel transaction.


SAVINGS CREDITS

Member may initially be awarded Savings Credits (“Savings Credits”) upon Membership enrollment, and subsequently when making qualifying travel purchases through DBT or by qualifying Membership transactions. Savings Credits will be credited to Member’s account and may be redeemed as a form of partial payment for subsequent DBT transactions.

Earning Savings Credits. Member may be awarded an initial Savings Credits amount upon Membership enrollment, and additional Savings Credits may be awarded on qualifying travel or Membership transactions. Member may be awarded Savings Credits when purchasing non-package air travel, rental car reservations, or golf tee times made through DBT. Savings Credits award amount on DBT transactions is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. Savings Credits award amount will vary at DBT’s sole discretion. Savings Credits awarded on travel transactions will be added to the available Savings Credits balance in the Member’s account within seven (7) to ten (10) days following the travel departure date indicated on the Booking/Reservation Confirmation. The amount of Savings Credits awarded per transaction, including minimums and maximums, are subject to change at the sole discretion of DBT, and without prior notice to Member. Other restrictions may apply.

Redeeming Savings Credits. Savings Credits have no actual cash value, but may be redeemed as a form of partial payment at time of checkout to the net amount of any eligible travel or lifestyle transaction, whether purchased online or offline through DBT. Savings Credits may not be redeemed as a form of payment for any taxes, fees, travel insurance, shipping or handling charges. Each DBT product offer specifies the Savings Credits amount, if any, that may be redeemed as a form of partial payment in the description of the product or service. Member may redeem as many Savings Credits as Member has available in Member’s account up to the amount specified for any particular product or service. Savings Credits may only be redeemed by the primary Member(s) listed on the DBT account, upon verification of the Membership information by an authorized DBT representative. Earnings and redemption options and schedules are available on-line at travel.directbuy.com or by calling a DBT representative. Savings Credits redemptions may not be combined with any other discount or promotion.

Purchase Cancellations. If the purchase of a DBT product or travel is cancelled without penalty, the amount of any Savings Credits redeemed to purchase that product or travel may be refunded to the Member’s DBT account. If cancellation of travel booked using Savings Credits occurs within penalty, Savings Credits will

be the last funds applied against penalty. If any portion of Savings Credits remain after penalty, the remaining Savings Credits may be refunded to the Member’s Membership account. If for any reason Savings Credits are applied to a travel booking after booking has been made and a cancellation of the travel booking becomes necessary, Savings Credits may be refunded to Member’s account only after all applicable travel provider and/or supplier penalties have been paid by the Member. Upon cancellation or refund of the purchase of a DBT product, any Savings Credits awarded may be withdrawn at DBT’s sole discretion.

Limitations, Variations, and Inactivity. Savings Credits have no cash value and are not transferable. The usage of Savings Credits for redemption, including minimums and maximums, are subject to change at the discretion of DBT, and without prior notice to Member. Membership accounts with Savings Credits balances of less than $10 that have not had any online or offline activity for two (2) years may be closed at the sole discretion of DBT. DBT Membership may be suspended if Member does not remain in good standing with DBT, and DBT may impose a reasonable fee for reinstatement or reactivation. Savings Credits may not be used to pay reinstatement or reactivation fees. DBT reserves the right to cancel or withdraw all Savings Credits in a Member’s DBT account if the member does not remain in good standing with DBT for ninety (90) days or more.

Expiration and Termination. Savings Credits expire twelve (12) months from date of issuance and/or upon the termination of the DBT Membership or any renewal thereof. Unredeemed Savings Credits have no cash value and are not transferable.

Customer Service. Please contact DBT customer service at the telephone number located on the DBT website if Member believes there are any Savings Credits amounts that have not been credited to Member’s account or for any questions related to your available Savings Credits balance.


TRANSACTION FEES

Transaction Fees are subject to change, from time to time, at the sole discretion of OVC without prior notice. Any changes in published booking or other fees are disclosed at time of purchase.


CURRENCY

All fees and charges are stated and payable in United States Dollars (USD).


PAYMENT

DBT products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard logo. Charges usually occur on the same business day, but charges may take up to three (3) business days for processing. If there are any complications with Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but DBT reserves the right (without refund or credit) to cancel your confirmed booking if payment is denied by Member’s financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, OVC, as the travel administrator for DBT, will assess a $25.00 USD fee per person if any transaction is denied by Member’s financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make different final payment arrangements or if Member experiences technical difficulties with the website Member is not sure of the status of Member’s reservation or payment, please contact DBT customer service at the telephone number located on the DBT website for assistance.


BOOKING CANCELLATION/CHANGES

The fees assessed by DBT, OVC and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation document Member will receive upon purchasing travel and apply to all transactions purchased through DBT. Each travel provider has specific cancellation policies and penalties separate and apart from DBT. Travel provider policies may treat name changes and departure date changes as cancellations.

In the event Member must cancel any travel booking, please contact DBT customer service immediately, either at the customer service telephone number located on the DBT web page, or in writing, at the following address: DirectBuy Travel, 15501 N. Dial Blvd., Scottsdale, AZ 85260, or at the following fax number: 602-626-2654. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is Member’s responsibility to ensure cancellation requests are properly received by DBT. Refunds are usually processed within 7 to 10 business days, but may take up to six (6) to eight (8) weeks from the Cancellation Date.


PACKAGE FINANCING AND REDEMPTION RULES

By electing to purchase DBT Membership by payments made over a period of time, Member is subject to the financing plan terms as specified in the Truth in Lending Disclosure and the following certificate redemption rules: If Member purchases a package without financing; such Member can begin using all Member benefits immediately. If Member purchases DBT Membership with financing; such Member can begin using DBT website access benefits immediately, but can only redeem specific certificates after a specific number of payments have been made. The number of payments required is determined by the specific financing options selected. Such number of payments must be made at least ninety (90) days prior to cruise departure.


DBT MEMBERSHIP PACKAGE CANCELLATION (Florida residents see below)

Member at the address provided at the time of purchase and vacation certificates are delivered electronically to the Membership account at the time of purchase. DBT Membership benefits and certificates are accessed online at travel.directbuy.com, “My Account”. Members may rescind the DBT Membership purchase up to midnight of the tenth (10th) day of the purchase date or date of receipt of the DBT Membership package (whichever is later) by providing written notice to DirectBuy Travel, Attention Cancellations, 15501 N. Dial Blvd., Scottsdale, AZ 85260. After the ten (10) day rescission period, the sale of the DBT Membership is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event Member has not been granted access to the DBT website within ten (10) days of the purchase date, Member may cancel the DBT Membership sale up to midnight of the tenth (10th) day of receipt of access granted to the DBT website. Members who choose to cancel the DBT Membership sale will forfeit access to the DBT website and will no longer receive Member travel benefits and Member will lose the ability to redeem any unused Savings Dollars and certificates.

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 10 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260.


DBT MEMBERSHIP PACKAGE CANCELLATION (Florida residents only) This contract is for the purchase of a vacation certificate(s) and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes.

DBT vacation certificates are sold in combination with other vacation certificates and/or services as part of a DBT Membership package sale. DBT Membership packages are mailed to the Member at the address provided at the time of purchase and vacation certificates are delivered electronically to the Membership account at the time of purchase. DBT Membership benefits and certificates are accessed online at travel.directbuy.com, “My Account”. Members may rescind the DBT Membership purchase up to midnight of the thirtieth (30th) day of the purchase date or date of receipt of the DBT Membership package (whichever is later) by providing written notice to DirectBuy Travel, Attention Cancellations, 15501 N. Dial Blvd., Scottsdale, AZ 85260. After the thirty (30) day rescission period, the sale of the DBT Membership is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event Member has not been granted access to the DBT website within thirty (30) days of the purchase date, Member may cancel the DBT Membership sale up to midnight of the thirtieth (30th) day of receipt of access granted to the DBT website. Members who choose to cancel the DBT Membership sale will forfeit access to the DBT website and will no longer receive Member travel benefits and Member will lose the ability to redeem any unused Savings Dollars and certificates.

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260.


LIMITATION OF LIABILITY

DBT, ICE AND/OR DIRECTBUY, INC. SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. DBT, ICE AND/OR DIRECTBUY, INC.'S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF DBT, ICE AND/OR DIRECTBUY, INC. WILL BE LIMITED TO THE FEES PAID BY MEMBER TO DBT, ICE AND/OR DIRECTBUY, INC. FOR THE TRAVEL PURCHASE. IN NO EVENT WILL DBT, ICE AND/OR DIRECTBUY, INC. BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO DBT, ICE AND/OR DIRECTBUY, INC.’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF DBT, ICE AND/OR DIRECTBUY, INC.


GOVERNING LAW

The fulfillment of the DBT travel benefits, these Terms and Conditions and/or any certificates shall be governed exclusively by and construed under the laws of the State of Arizona without regard to conflicts of law principals. Member consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Arizona state courts situated in Maricopa County, Arizona and the United States District Court for the District of Arizona for all cases and controversies relating to or arising out of this program. MEMBER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY. In the event a Member or Member’s Guest initiates an action at law or in equity and ICE prevails, Member and/or Guests shall, without limitation, pay all costs incurred by ICE in defending such action, including reasonable attorney’s fees, paralegal fees and court costs.


AGE AND OTHER RESTRICTIONS

Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please note the terms and conditions on the individual product descriptions for more details when you are shopping for your travel service.


ADDITIONAL TRAVEL TERMS AND CONDITIONS

The following Additional Travel Terms and Conditions apply to purchases of travel or travel services. In the event of any conflicts between this section and any other section of the Terms and Conditions, these additional travel terms shall take precedence and prevail with respect to the purchase of travel or travel services by Members.

Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by DBT or its designee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks from the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal names as they appear on respective proof of citizenship documents. It is Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify DBT concierge immediately at the contact information included in the booking confirmation if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.

Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.

Identification Documentation. Travel providers may require that travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. DBT assumes no responsibility and does not warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider service/accommodation.

Travel Documents. Booking Confirmations and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two (2) weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify DBT at the contact information included in the booking confirmation immediately if changes or corrections are required.

Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. DBT urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, DBT AND/OR ICE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.


ADDITIONAL GOLF TERMS & CONDITIONS

The following Additional Golf Terms and Conditions apply to purchases of golf or golf products and services. In the event of any conflicts between this section and any other section of the Terms and Conditions, these additional golf terms shall take precedence and prevail with respect to the purchase of golf or golf products services by Members.

Cancellation and Modification. Reservations are non-refundable within 24 – 72 hours of the tee time or as determined by the golf course. Cancellations outside of the golf course cancellation period may be made by contacting DBT customer service using the contact information included in the booking confirmation. Member may receive a confirmation of the cancellation within 24 hours. If the course officially closes, contact DBT customer service using the contact information included in the booking confirmation for assistance with rebooking or refunding the tee time reservation. Reserved Tee Times cannot be moved to another course, date or time. The displayed course, date, and time is when the round must be played unless Member gives prior notice and receives confirmation directly from DBT. If Member fails to show up for a reserved Tee Time, the entire amount of the reservation will be forfeited and no refund will be honored.

Golf Best Price Guarantee. For Golf Tee Times, Best Price Guarantee applies only to the posted rate as displayed on the same golf course's own public facing website and does not include walk-up rates or specials that cannot be verified against the course's website.


ADDITIONAL CRUISE CERTIFICATE TERMS AND CONDITIONS

The following additional cruise certificate terms and conditions govern the use and redemption of a cruise certificate by each DirectBuy Travel (“DBT”) subscribing member and guest(s), if applicable, who has purchased a DBT package and has the legal right to redeem the cruise certificate (collectively “Redeemer”, “Passengers”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a cruise certificate (collectively “Guests”, “Passengers”) of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable cruise line terms and conditions and policies and procedures.

Fulfillment: DBT cruise certificates are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”), d.b.a DirectBuy Travel (collectively “DBT”), a Delaware corporation with its principal place of business at 15501 N. Dial Blvd., Scottsdale, Arizona under contract and license with DirectBuy, Inc. ICE is a registered Seller of Travel in the following states: Florida #ST-29452, Washington UBI# 602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain seller of travel to have a trust fund account or bond. ICE maintains a consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.

Cruise Certificate Redemption: Cruise certificates may be redeemed by following the instructions on the front of the certificate, or by visiting travel.directbuy.com, or by calling DBT customer service. Cruise certificates are valid for cruise fare for one (1) inside cabin for two (2) Passengers on select cruise itineraries. Length of cruise can be found on the front of the cruise certificate or online at travel.directbuy.com under “My Certificates”. Cruise fare is an all-inclusive rate that includes accommodations, port charges, most meals, certain activities and entertainment while onboard the ship. Fuel surcharges, port fees, taxes, airfare, transportation, travel insurance, and any other government charges associated with the cruise are not included. Redeemer is responsible for all charges incurred in excess of the certificate offer, including, onboard incidentals, alcoholic and certain non-alcoholic beverages, gratuities, ground transportation, personal expenses, utility or security deposits, and other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities. Airfare, travel insurance, third and fourth guest fares, cabin upgrades, cruise upgrades and extension of length of cruise, when available, may be purchased from DBT at the time of the cruise booking for additional fees. Cruise certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Cruise certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online at travel.directbuy.com under “My Certificates”. Redeemer must book the cruise, regardless of the travel date, on or before the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Cruise certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed cruise certificates have no value. [DBT is not responsible for lost or stolen cruise certificates. Lost or stolen cruise certificate(s) may be replaced at DBT’s sole discretion as it may determine. If DBT elects to replace a lost or stolen cruise certificate, processing fees may apply. Photocopies of cruise certificates or other reproductions will not be honored.] Cruise certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Cruise certificate is void if resold for cash or other consideration. In the event the cruise booking is used by Guests only, and not the Redeemer, additional charges may apply. Cruise certificates are valid for sailing only upon receipt of final payment of the DBT package, including applicable fees and taxes, at least ninety (90) days prior to the selected sailing date. Cruise lines, itineraries and sail dates offered under certificates are at DBT’s sole discretion, are subject to availability and blackout dates may apply. Cruise certificate(s) may not be combined with any other offer relating to the same accommodations. All cruise line and cruise ship restrictions and rules apply, including arrival and departure times. DBT is not responsible for notifying travelers of any cruise line and/or cruise ship changes.

Age and other requirements: Redeemer must be at least 21 years of age or older. Guests under the age of 21 must be accompanied in the same cabin by parent, relative or guardian age 25 or older. Other age restrictions may apply. Redeemer and Guests must use the confirmed accommodations in a responsible and careful manner. Redeemer is responsible for injury, damage, theft, or loss caused by Redeemer and/or Guests onboard the ship. Redeemer and Guests must comply with all rules and requirements of the cruise line. Redeemer must receive a Booking Confirmation from OVC and produce the Booking Confirmation at cruise check-in. It is Redeemers sole responsibility to verify the names on the Booking Confirmation are correct. In no event can the total number of people occupying a cabin exceed the maximum occupancy set forth in the Booking Confirmation. Only Passengers listed on the Booking Confirmation will be allowed to board the ship. All Passengers must have in their possession proper documentation required by the United States and any foreign ports visited. Passengers are advised to consult with the appropriate government agencies and embassies to determine what documentation will be required. DBT assumes no responsibility for advising Passengers of documentation requirements. Cruise certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees, or family members of the cruise line.

Booking Cancellations: In the event cancellation of a booked cruise becomes necessary by Redeemer, call DBT customer service immediately or submit the cancellation by providing a written notice to: DirectBuy Travel c/o OVC, Attention Cancellations: 15501 N Dial Blvd, Scottsdale, AZ 85260. All booking cancellations must be received by OVC in conformance with DBT Terms and Conditions and with cruise line terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any cruise line cancellation fees and any additional fees as listed in DBT Terms and Conditions and cruise line terms and conditions. All fees must be paid at time of cancellation in order to reinstate a cruise certificate.

Cruise Certificate Cancellation/Refund (Florida residents see below): DBT cruise certificates are sold in combination with other certificates and/or services as part of a DBT package sale. DBT packages are mailed to the Redeemer at the address provided at the time of purchase or delivered electronically to the email address provided at the time of purchase. DBT packages are accessed online at travel.directbuy.com, “My Account”. Redeemer may rescind the DBT package purchased within midnight of the tenth (10th) day of purchase or receipt of online access of the DBT package (whichever occurs later) by calling DBT customer service or by providing written notice to: DirectBuy Travel c/o OVC, Attention Cancellations: 15501 N Dial Blvd., Scottsdale, AZ 85260. After expiration of the ten (10) day rescission period, the sale of the DBT package is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event that Redeemer has not been granted access to the DBT website within the ten (10) days of the purchase date, Redeemer may cancel the DBT package sale up to midnight of the tenth (10th) day of receipt of access granted to the DBT website.

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 10 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260-1615 OR BY FACSIMILE TRANSMISSION TO 602-308-1953. AFTER EXPIRATION OF THE 10 DAY RESCISSION PERIOD, THE SALE OF THE DIRECTBUY TRAVEL PACKAGE IS FINAL AND THE ENTIRE PURCHASE PRICE IS NON-REFUNDABLE.

Cruise Certificate Cancellation/Refund (Florida Residents only): This contract is for the purchase of a vacation certificate(s) and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes. DBT cruise certificates are sold in combination with other certificates and/or services as part of a DBT package sale. DBT packages are mailed to the Redeemer at the address provided at the time of purchase or delivered electronically to the email address provided at the time of purchase. DBT packages are accessed online at travel.directbuy.com, “My Account”. Redeemer may rescind the DBT package purchased within midnight of the thirtieth (30th) day of purchase or receipt of online access of the DBT package (whichever occurs later) by calling DBT customer service or by providing written notice to: DirectBuy Travel c/o OVC, Attention Cancellations: 15501 N Dial Blvd., Scottsdale, AZ 85260. After expiration of the thirty (30) day rescission period, the sale of the DBT package is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event that Redeemer has not been granted access to the DBT website within the thirty (30) days of the purchase date, Redeemer may cancel the DBT package sale up to midnight of the thirtieth (30th) day of receipt of access granted to the DBT website. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260-1615 OR BY FACSIMILE TRANSMISSION TO 602-308-1953. AFTER EXPIRATION OF THE 30 DAY RESCISSION PERIOD, THE SALE OF THE DIRECTBUY TRAVEL PACKAGE IS FINAL AND THE ENTIRE PURCHASE PRICE IS NON-REFUNDABLE.

Provision of Information: Any information provided by DBT, or its affiliates and licensors, about any cruise line or sailing is based on information obtained from cruise line management, or its affiliates. All ship ratings are provided to the public by The Independent Travelers and/or CruiseCritic.com. DBT makes reasonable efforts to ensure the information is accurate and complete. However, DBT, ICE and DirectBuy, Inc. expressly disclaim liability for any inaccurate, incomplete, or misleading information. DBT provides cruise descriptions, amenity information, and ship ratings for Redeemers convenience only.

LIMITATION OF LIABILITY:

DBT, ICE AND/OR DIRECTBUY, INC. DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION FOR, DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY ON ANY CRUISE LINE SHIP OR ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM CRUISE SHIP, OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, MECHANICAL BREAKDOWN, STRIKES, CIVIL UNREST, OR ACTS OF GOD.

DBT, ICE AND/OR DIRECTBUY, INC. DO NOT CONTROL THE CRUISE LINE OR CRUISE SHIP AND ARE NOT RESPONSIBLE FOR THE CRUISE LINE’S OR CRUISE SHIP’S ACTIONS OR INACTIONS INCLUDING, WITHOUT LIMITATION TO, PERFORMANCE, LACK OF AVAILABILITY, OF PRODUCTS OR SERVICES. IF REDEEMER, REDEEMER’S FAMILY OR REDEEMER’S GUESTS SHOULD INCUR INJURY, LOSS OR DAMAGE THROUGH USE OF CERTIFICATES (WHETHER DIRECTLY OR INDIRECTLY), DBT, ICE AND/OR DIRECTBUY, INC.’S LIABILITY SHALL BE LIMITED TO THE FEES PAID TO DBT, ICE AND/OR DIRECTBUY, INC. TO ACQUIRE OR REDEEM THE CERTIFICATE (IF APPLICABLE) AND IN NO EVENT SHALL DBT, ICE AND/OR DIRECTBUY, INC. BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE A CRUISE CERTIFICATE EVEN IF DBT, ICE AND/OR DIRECTBUY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

Governing Law: By accepting and redeeming the cruise certificate, Redeemer agrees to be bound by the DBT Terms and Conditions and these Additional Cruise Certificate Terms and Conditions. These terms and conditions will be governed exclusively by and construed under the laws of the State of Arizona without regard to its conflicts of law principals. Redeemer consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Arizona state courts situated in Maricopa County, Arizona and the United States District Court for the District of Arizona for all cases and controversies relating or arising out of a cruise certificate. REDEEMER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY. In the event a Redeemer or Guests initiates an action at law or in equity and ICE prevails, Redeemer and/or Guests shall, without limitation, pay all costs incurred by ICE in defending such action, including reasonable attorneys’ fees, paralegal fees and court costs.

Modification of the Additional Cruise Certificate Terms and Conditions: These additional cruise certificate terms and conditions are subject to change at the discretion of DBT with prior notice. By purchasing DBT packages, Redeemer acknowledges and agrees to be bound by any posted revisions to the DBT Terms and Conditions and any revisions to the Additional Cruise Certificate Terms and Conditions. Updated terms and conditions will be posted on the DBT website. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.


ADDITIONAL RESORT CERTIFICATE TERMS AND CONDITIONS

The following additional resort certificate terms and conditions govern the use and redemption of a resort certificate by each DirectBuy Travel (“DBT”) subscribing member and guest(s), if applicable, who has purchased a DBT package and has the legal right to redeem the resort certificate (collectively “Redeemer”). It is Redeemer’s sole responsibility to inform Redeemer’s guest(s) and any recipients of a resort certificate (collectively “Guests”) of the contents of these terms and conditions. In addition to these terms and conditions, Redeemer must also comply with all applicable resort terms and conditions and policies and procedures.

Fulfillment: DBT resort certificates are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”), d.b.a DirectBuy Travel (collectively “DBT”),a Delaware corporation with its principal place of business at 15501 N. Dial Blvd., Scottsdale, Arizona under contract and license with DirectBuy, Inc. ICE is a registered Seller of Travel in the following states: Florida #ST-29452, Washington UBI# 602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain seller of travel to have a trust fund account or bond. ICE maintains a consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.

Resort Certificate Redemption: Resort certificates may be redeemed by following the instructions on the front of the certificate, or by visiting travel.directbuy.com, or by calling DBT customer service. Resort certificates are valid for a one (1) redemption use only for resort stay accommodations that may include hotel type room, studio, one-bedroom, one-three bedroom units at select properties. All resort properties and destinations are subject to availability, seasonality, and room type restrictions. Length of resort stay can be found on the front of the resort certificate or online at travel.directbuy.com under “My Certificates”. Resort certificate offer includes only accommodations and specifically excludes taxes, travel costs, travel insurance and other expenses that may be incurred such as personal expenses, security deposits, and other fees and charges levied by the resort/hotel such as all-inclusive fees. Airfare or any ground transportation is not included. Any personal taxes associated with the redemption of the resort stay certificate, is the responsibility of the Redeemer. Redeemer is responsible for all acts or omissions of Redeemer and/or Guests and for any damages caused or expenses incurred by Redeemer and/or Guests. Other restrictions may apply. Some resorts may require an all-inclusive fee. Resort certificate offer only valid to purchasers and Redeemers resident in the United States (excluding Puerto Rico) and where not otherwise prohibited by law. Resort certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online at travel.directbuy.com under “My Certificates”. Redeemer must book the resort or hotel stay prior to the certificate expiration. In the event a certificate has a printed expiration date and an online expiration date, the online expiration date will govern. Resort certificates will not be extended past the expiration date for any reason.

Resort certificates are not redeemable for cash or resale and cannot be cancelled or exchanged for refund except as required by law or as set forth below. Unredeemed resort certificates have no value. [DBT is not responsible for lost or stolen resort certificates. Lost or stolen resort certificate(s) may be replaced at DBT’s sole discretion as it may determine. If DBT elects to replace a lost or stolen resort certificate, processing fees may apply. Photocopies of resort certificates or other reproductions will not be honored.] Resort certificates may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Resort certificate is void if resold for cash or other consideration. In the event the resort stay is used by Guests only, and not the Redeemer, additional charges may apply. Resort certificates are valid and redeemable for check-in only upon receipt of final payment of the DBT package ninety (90) prior to resort stay check-in, including applicable fees and taxes. Resort/Hotel properties and destinations offered under certificates are at DBT’s sole discretion, are subject to availability and blackout dates may apply. Resort certificate(s) may not be combined with any other offer relating to the same reservation or accommodations, except as specifically stated on future promotions. All resort/hotel restrictions and rules apply. Attendance at a sales presentation is not required.

Age and other requirements: Redeemer must be at least 21 years of age or older. Guests under the age of 21 must be accompanied in the same accommodations by parent, relative or guardian age 25 or older. Other age restrictions may apply. Redeemer and Guests must use the confirmed accommodations in a responsible and careful manner. Redeemer is responsible for injury, damage, theft, or loss caused by Redeemer and/or Guests on the premises or facilities of the rest/hotel. Redeemer and Guests must comply with all rules and requirements of the resort/hotel. Redeemer must receive a Booking Confirmation from OVC and produce the Booking Confirmation at check-in. Maximum unit occupancy restriction set by the resort/hotel must be observed. Resort stay certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees, or family members of the cruise line.

Booking Cancellations: In the event cancellation of a booked resort/hotel becomes necessary by Redeemer, call DBT concierge immediately or submit the cancellation by providing a written notice to: DIRECTBUY TRAVEL c/o OVC, Attention Cancellations: 15501 N Dial Blvd, Scottsdale, AZ 85260. All booking cancellations must be received by OVC in conformance with DBT Terms and Conditions and with resort/hotel terms and conditions, cancellation policies and procedures. All booking cancellations are subject to any resort/hotel cancellation fees and any additional fees as listed in DBT Terms and Conditions and the resort/hotel terms and conditions. All fees must be paid at time of cancellation in order to reinstate a resort stay certificate.

Resort Certificate Cancellation/Refund (Florida residents see below): DBT resort certificates are sold in combination with other certificates and/or services as part of a DBT package sale. DBT packages are mailed to the Redeemer at the address provided at the time of purchase or delivered electronically to the email address provided at the time of purchase. DBT packages are accessed online at travel.directbuy.com, “My Account”. Redeemer may rescind the DBT package purchased within midnight of the tenth (10th) day of purchase or receipt of online access of the DBT package (whichever occurs later) by calling DBT concierge or by providing written notice to: DIRECTBUY TRAVEL c/o OVC, Attention Cancellations: 15501 N Dial Blvd., Scottsdale, AZ 85260. After expiration of the ten (10) day rescission period, the sale of the DBT package is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event that Redeemer has not been granted access to the DBT website within ten (10) days of the purchase date, Redeemer may cancel the DBT package sale up to midnight of the tenth (10th) day of receipt of access granted to the DBT website. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 10 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260-1615 OR BY FACSIMILE TRANSMISSION TO 602-308-1953. AFTER EXPIRATION OF THE 30 DAY RESCISSION PERIOD, THE SALE OF THE DIRECTBUY TRAVEL PACKAGE IS FINAL AND THE ENTIRE PURCHASE PRICE IS NON-REFUNDABLE.

Resort Certificate Cancellation/Refund (Florida residents only): This contract is for the purchase of a vacation certificate(s) and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes. DBT resort certificates are sold in combination with other certificates and/or services as part of a DBT package sale. DBT packages are mailed to the Redeemer at the address provided at the time of purchase or delivered electronically to the email address provided at the time of purchase. DBT packages are accessed online at travel.directbuy.com, “My Account”. Redeemer may rescind the DBT package purchased within midnight of the thirtieth (30th) day of purchase or receipt of online access of the DBT package (whichever occurs later) by calling DBT concierge or by providing written notice to: DIRECTBUY TRAVEL c/o OVC, Attention Cancellations: 15501 N Dial Blvd., Scottsdale, AZ 85260. After expiration of the thirty (30) day rescission period, the sale of the DBT package is final and the entire purchase price is non-refundable. Notwithstanding the above, in the event that Redeemer has not been granted access to the DBT website within thirty (30) days of the purchase date, Redeemer may cancel the DBT package sale up to midnight of the thirtieth (30th) day of receipt of access granted to the DBT website. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATES, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATES AND SENDING NOTICE TO: DIRECTBUY TRAVEL, ATTENTION CANCELLATIONS, 15501 N DIAL BLVD., SCOTTSDALE, AZ 85260-1615 OR BY FACSIMILE TRANSMISSION TO 602-308-1953. AFTER EXPIRATION OF THE 30 DAY RESCISSION PERIOD, THE SALE OF THE DIRECTBUY TRAVEL PACKAGE IS FINAL AND THE ENTIRE PURCHASE PRICE IS NON-REFUNDABLE.

Provision of Information: Any information provided by DBT, or its affiliates and licensors, about any resort or hotel is based on information obtained from the resort/hotel management, or its affiliates. DBT makes reasonable efforts to ensure the information is accurate and complete. However, DBT, ICE and DirectBuy, Inc. expressly disclaim liability for any inaccurate, incomplete, or misleading information. DBT provides resort and hotel descriptions, amenity information, and ratings for Redeemers convenience only.

LIMITATION OF LIABILITY:

DBT, ICE AND/OR DIRECTBUY, INC. DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION FOR, DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY ON ANY RESORT/HOTEL OR ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM RESORT/HOTEL, OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, MECHANICAL BREAKDOWN, STRIKES, CIVIL UNREST, OR ACTS OF GOD.

DBT, ICE AND/OR DIRECTBUY, INC. DO NOT CONTROL THE RESORT/HOTEL AND ARE NOT RESPONSIBLE FOR THE RESORT/HOTEL ACTIONS OR INACTIONS INCLUDING, WITHOUT LIMITATION TO, PERFORMANCE, LACK OF AVAILABILITY, OF PRODUCTS OR SERVICES. IF REDEEMER, REDEEMER’S FAMILY OR REDEEMER’S GUESTS SHOULD INCUR INJURY, LOSS OR DAMAGE THROUGH USE OF CERTIFICATES (WHETHER DIRECTLY OR INDIRECTLY), DBT, ICE AND/OR DIRECTBUY, INC.’S LIABILITY SHALL BE LIMITED TO THE FEES PAID TO DBT, ICE AND/OR DIRECTBUY, INC. TO ACQUIRE OR REDEEM THE CERTIFICATE (IF APPLICABLE) AND IN NO EVENT SHALL DBT, ICE AND/OR DIRECTBUY, INC. BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE A RESORT STAY CERTIFICATE EVEN IF DBT, ICE AND/OR DIRECTBUY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

Governing Law: By accepting and redeeming the resort stay certificate, Redeemer agrees to be bound by the DBT Terms and Conditions and these Additional Resort Stay Certificate Terms and Conditions. These terms and conditions will be governed exclusively by and construed under the laws of the State of Arizona without regard to its conflicts of law principals. Redeemer consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Arizona state courts situated in Maricopa County, Arizona and the United States District Court for the District of Arizona for all cases and controversies relating or arising out of a resort stay certificate. REDEEMER AND/OR GUESTS EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY. In the event a Redeemer or Guests initiates an action at law or in equity and ICE prevails, Redeemer and/or Guests shall, without limitation, pay all costs incurred by ICE in defending such action, including reasonable attorneys’ fees, paralegal fees and court costs.

Modification of the Additional Cruise Certificate Terms and Conditions: These additional resort stay certificate terms and conditions are subject to change at the discretion of DBT without prior notice. By purchasing DBT packages, Redeemer acknowledges and agrees to be bound by any posted revisions to the DBT Terms and Conditions and any revisions to the Additional Resort Stay Certificate Terms and Conditions. Updated terms and conditions will be posted on the DBT website. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.

California Seller of Travel CST #2066521-50; Washington UBI # 602 443 155 001 0001; Hawaii Travel Agent TAR #5192; Florida ST #29452

Travel Services Provided by © 2016 Merit Travel Group – Registration Numbers: ON-4499356/4499372 | BC-34799 | QC-703011 | Canadian Owned