USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a ClubNavigo.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including for violation of this Agreement.
The content and information on this Website (including price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree to:
(i) not use this Website or its contents for any commercial purpose;
(ii) not make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) not violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) not deep-link to any portion of this Website (including the purchase path for any travel services) for any purpose without our prior express written authorization; or
(vii) not "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our express prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any moneys paid for such reservation(s), or in the debiting of your account for any costs incurred as a result of such violation.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or later devised; and (ii) use the name that you submit in connection with such Submission, if we choose. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion. You further grant Club Navigo the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you or other third parties. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy or that would violate any law; (ii) any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Club Navigo has the right to control (e.g., use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same travel product, only your most recent submission is eligible for use.
You acknowledge that Club Navigo pre-negotiates certain travel rates with suppliers to facilitate the booking of reservations on your behalf. The rates displayed on the Website is a combination of the pre-negotiated rate reserved on your behalf by Club Navigo and the facilitation fee retained by Club Navigo to compensate us for our services. You authorize Club Navigo to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Club Navigo for the total reservation price. Upon submitting your reservation request you authorize Club Navigo to facilitate reservations on your behalf, including making payment arrangements with suppliers.
You acknowledge that Club Navigo does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid transactions are a recovery of the estimated transaction taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc) that Club Navigo pays to the supplier in connection with your reservations. The suppliers invoice Club Navigo for tax amounts. The suppliers remit applicable taxes to the applicable taxing jurisdictions. Club Navigo does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Club Navigo to the suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of by you. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of travel reservation.
You agree to pay any cancellation or change fees that you incur. In some instances, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, CLUB NAVIGO 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.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Club Navigo urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information is at the State Department's web site http://travel.state.gov.
For information concerning passport requirements, United States citizens can visit the State Department's web site http://travel.state.gov.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR PROVIDED THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, WE AND THE AFFILIATED, CO-BRANDED OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (THE "AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, CLUB NAVIGO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. NEITHER WE, THE AFFILIATES NOR THE SUPPLIERS MAKE ANY GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
NEITHER WE, THE AFFILIATES, NOR THE SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US, THE AFFILIATES OR THE SUPPLIERS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE, THE AFFILIATES, AND THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, THE AFFILIATES, OR THE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, THE AFFILIATES, AND THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING TRAVEL OR OTHER TRAVEL PRODUCT OR SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY RESULTING PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT, AUTHORITY OR OTHER THIRD PARTY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH TRAVEL OR OTHER TRAVEL PRODUCT OR SERVICES OBTAINED THROUGH THIS WEBSITE OR USED BY YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR OUR SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WE, THE AFFILIATES, OR THE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE, THE AFFILIATES OR THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, we, the Affiliates or the suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our, the Affiliates' or the suppliers' liabilities will in no event exceed, in the aggregate, the greater of (i) the transaction fees assessed for your transactions on this Website, or (ii) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of us, the Affiliates, and the suppliers.
You agree to defend and indemnify us, the Affiliates, and the suppliers and any of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced in this Agreement;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website or any travel or travel products or services obtained through this Website or used by you as a result of your use of this Website or our services.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than ClubNavigo.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software"), including audio and video recordings is the copyrighted work of us, the Affiliates, or the suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with this Agreement and for no other purpose.
Please note that all Software contained on this Website, is owned or licensed by us, the Affiliates, or the suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Club Navigo and Club Navigo Vacations are registered trademarks or trademarks of Island One, Inc. in the U.S. Other logos and product and company names mentioned in this Website may be the trademarks of their respective owners.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Where the context so indicates, a word in the singular form shall include the plural. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., and for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. Any references to the use, exercise or grant of the right of our discretion shall mean our sole, absolute and unfettered discretion to the exclusion of any other person or entity unless specifically provided otherwise.
The warranties, representations and after termination obligations of this Agreement shall survive the expiration or early termination of this Agreement and shall continue to be binding on the parties and their respective successors and assigns.
This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted.
The failure of a party to exercise any power given it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of that party's right to demand exact compliance with the terms of this Agreement. Waiver by a party of any particular default by the other shall not affect or impair its rights with respect to any subsequent defaults of the same or of a different kind; nor shall any delay or omission by a party to exercise any rights arising from any default affect or impair its right as to such default or any future default. Further, no custom or course of dealings of the parties at variance with the terms of this Agreement shall constitute a waiver of that party's right to demand later compliance.
All provisions contained in this Agreement shall be binding on, inure to the benefit of, and be enforceable by each party, and the permitted successors and assigns of each party to the same extent as if each such successor and assign were named as a party to this Agreement.
Any rights not expressly granted in this Agreement are reserved by us.
For quick answers to your questions or ways to contact us, review this Website for contact information. Or, you can write to us at:
Attn: Customer Service
8680 Commodity Circle
Orlando, FL 32819
Revised September 13, 2012