Privacy Policy

TERMS OF SERVICE

CLUB CRUISE & TRAVEL TERMS OF SERVICE, USE AND PURCHASE
 

Welcome to Club Cruise & Travel! This website located at www.ClubCruise.com (this "Site") is owned and operated by WorldWide Halo, Inc. (the "Company"). Club Cruise & Travel provides website features and other products and services to you when you visit, shop or purchase items from Club Cruise & Travel services, access this Site from your mobile devices, or use software provided by Club Cruise & Travel in connection with any of the foregoing (collectively, "Club Cruise & Travel Services"). Club Cruise & Travel provides its products and services subject to these Terms of Service.
 

By using Club Cruise & Travel Services, you agree to these conditions. Please read them carefully.
 

By accessing or using this Site, mobile application or other Club Cruise & Travel product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Club Cruise & Travel. Club Cruise & Travel may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Club Cruise & Travel Services or enrollment as a Club Cruise & Travel VIP Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Club Cruise & Travel Services and immediately cancel your Club Cruise & Travel VIP Membership by calling one of our customer service representatives at 1-800-258-2732. You must be at least 18 years old to use this Site or Services.
 

ELECTRONIC COMMUNICATIONS
When you use any Club Cruise & Travel Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Club Cruise & Travel Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 

CLUB CRUISE & TRAVEL MEMBERSHIP
Club Cruise & Travel provides a monthly membership program that grants you access to travel discounts, perks and benefits. To get started, simply sign up through our website and pay $9.99 which is a re-occurring monthly charge. There is no obligation to purchase travel. Our Club Cruise & Travel style experts will email you monthly travel offers and you will have the option to book discounted travel based on availability. Availability is subject to change. Your monthly membership fee will be credited to your travel reservations booked through Club Cruise & Travel.  Registration data and certain other information about you are governed by our Privacy Policy.
 

VIP MEMBERSHIP
Club Cruise & Travel offers members the opportunity to participate in its membership rewards program (the "VIP Membership Program"). To become a Club Cruise & Travel VIP Member, simply purchase your Club Cruise & Travel membership on this Site and you will be automatically enrolled in the Club Cruise & Travel VIP Membership Program (including the monthly, automatic purchase feature). As a Club Cruise & Travel VIP Member, our experts will send you a customized selection of Club Cruise & Travel offers on the 5th day of every month. You will also receive emails, newsletters, special offers and other updates to maximize your member experience. As a valued Club Cruise & Travel VIP Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your Club Cruise & Travel VIP Membership at any time by calling one of our customer service representatives at 1-800-258-2732 or by emailing book@clubcruise.com.
 

HOW VIP MEMBERSHIP WORKS
Upon enrollment in the VIP Membership Program, you will receive new monthly customized selections of travel on the fifth (5th) day of every month.  Your credit card will be charged an automatic monthly membership fee of $9.99 on the 6th until you cancel. You may cancel your Club Cruise & Travel VIP Membership at any time by calling one of our customer service representatives at 1-800-258-2732 or email book@clubcruise.com to cancel future months and charges. Each Club Cruise & Travel credit will be applied to your Account and can be redeemed toward the purchase of travel. As discussed below, any unused membership credits will be automatically converted into an electronic Club Cruise & Travel gift card twelve (12) months following issuance. The electronic gift cards never expire and work the same as membership credits, except that they are transferable and can be used to purchase travel.
 

You may cancel your Club Cruise & Travel VIP Membership Account at any time. If you wish to cancel your Account, simply call one of our customer service representatives at 1-800-258-2732 or email book@clubcruise.com anytime, 24 hours a day, 7 days a week. There is no cancellation fee. Please be advised that your Account may only be canceled by the registered Club Cruise & Travel VIP Member or the holder of the valid credit card on file related to your Account.
 

In addition, Club Cruise & Travel will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. As a Club Cruise & Travel VIP Member you will also have access to exclusive member-only sales and discounts, and specials. Club Cruise & Travel is always striving to create the best travel experience to its VIP Members so additional benefits and perks may be added.
 

MEMBERSHIP CREDITS AND GIFT CARDS
Any membership credits issued to you will be automatically converted into electronic gift cards if they are unused following the twelve (12) month anniversary of issuance. As described below, Gift Cards function almost identically to membership credits, and both constitute prepaid promotional certificates that are provided to VIP Members in connection with the VIP Membership Program. Gift Cards can be used by you to purchase identified merchandise at a price below the regular retail price if you are a VIP Member at the time of redemption.
 

Membership credits and gift cards are not refundable or redeemable for cash. Membership credits and gift cards can only be used toward purchasing travel through the Club Cruise & Travel Services. Membership credits and gift cards may only be redeemed in one transaction and are non-transferable.
 

Your Account reflects the balance of VIP Membership credits. The Account balance will be adjusted as VIP Membership credits are converted to Gift Cards. Membership credits and gift cards do not expire. However, Club Cruise & Travel expressly reserves the right to impose inactivity or dormancy fees on membership credits and gift cards in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days' advance notice, which notice shall be given by posting revised Terms of Service on this Site. The risk of loss and title to such gift cards passes to the purchaser upon Club Cruise & Travel's electronic transmission to the recipient.
 

CLUB CRUISE & TRAVEL’S LIMITATION OF LIABILITY
CLUB CRUISE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP CREDITS OR GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
 

If you have any questions regarding our gift card policies please send all inquiries to Club Cruise & Travel 851 Sterling Parkway, Lincoln CA 95648 Attention: Customer Service, or contact our representatives at 800-258-2732 or email us at book@clubcruise.com.
 

DISPUTE RESOLUTIONS
Governing Law
Use of the Club Cruise & Travel Services, membership in the Club Cruise & Travel VIP Membership Program, any purchases made through the Club Cruise & Travel Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Club Cruise & Travel Services, your membership in or purchases through the Club Cruise & Travel Services, Club Cruise & Travel VIP Membership Program and/or your Account, or products purchased through the Club Cruise & Travel Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
 

Any claim or cause of action you may have with respect to Club Cruise & Travel or the Club Cruise & Travel Services must be commenced within one (1) year after the claim or cause of action arose.
 

Class Action Waiver
Both you and Club Cruise & Travel waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Club Cruise & Travel Services, your membership in or purchases through the Club Cruise & Travel VIP Membership Program and/or your Account, or products purchased through the Club Cruise & Travel Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
 

Forum Selection/Jurisdiction
Jurisdiction and venue for any dispute shall be in Placer County, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
 

Agreement to Pre-Arbitration Notification These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Club Cruise & Travel and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Club Cruise & Travel shall send a letter to the other side briefly summarizing the claim and the request for relief. If Club Cruise & Travel is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Club Cruise & Travel 851 Sterling Parkway, Lincoln CA 95648 Attention: Customer Service, or contact our representatives at 800-258-2732 or email us at book@clubcruise.com.  If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
 

Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the Club Cruise & Travel Services, membership in the Club Cruise & Travel VIP Membership Program, any purchases made through the Club Cruise & Travel Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Club Cruise & Travel Services, your membership in or purchases through the Club Cruise & Travel VIP Membership Program, or products purchased through the Club Cruise & Travel Services shall be resolved by final and binding arbitration between you and Club Cruise & Travel.
 

The arbitration shall take place in Placer County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
 

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Club Cruise & Travel will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Club Cruise & Travel will also reimburse you for the $125 base filing fee.
 

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Club Cruise & Travel's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Club Cruise & Travel will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
 

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
 

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
 

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
 

Both you and Club Cruise & Travel waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
 

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
 

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
 

Appeal Rights
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
 

Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Just Fabulous, Inc., c/o Legal Department, 800 Apollo Street, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Club Cruise & Travel makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Club Cruise & Travel's address), you may reject any such change by sending a letter to Club Cruise & Travel within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
 

Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Club Cruise & Travel shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Club Cruise & Travel General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your Club Cruise & Travel California Privacy Rights Notice ". Please allow 30 days for a response.
 

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Club Cruise & Travel and govern your use of the Club Cruise & Travel Services, and they supersede any prior agreements between you and Club Cruise & Travel. You also may be subject to additional terms and conditions that are applicable to certain parts of the Club Cruise & Travel Services. Club Cruise & Travel may terminate this Agreement and deny you access to the Club Cruise & Travel Services at any time, immediately and without notice, if in Club Cruise & Travel's sole discretion you fail to comply with any provision of these Terms of Service.
 

You agree that no joint venture, partnership, employment, or agency relationship exists between Club Cruise & Travel and you as a result of this Agreement or your use of the Club Cruise & Travel Services.
 

The failure of Club Cruise & Travel to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
 

You may not assign the Terms or any of your rights or obligations under the Terms without Club Cruise & Travel's express written consent. The Terms inure to the benefit of Club Cruise & Travel's successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.