Terms of Use
This Web site, Vacation-Offer.com, is maintained by WhitecapLG LLC, a New Hampshire limited liability company with its principal place of business at 516 Steele Hill Road, Sanbornton NH. Thank you for visiting the site, and please browse, plan vacations, and utilize it to your desire. At the same time, please remember that your access to and use of the Vacation-Offer site is subject to the following terms, conditions, and notices (the "Terms"), as well as all applicable laws.
1. Introduction
The Website Owner, WhitecapLG LLC, including subsidiaries and affiliates ("Vacation-Offer" "Vacation-Offer.com" "Whitecap" "WhitecapLG" "Website" "Website Owner" "we" "us" or "our") provides the information and content contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information and content on the Website
Whilst every effort is made to update the information contained on this website, neither Vacation-Offer nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information and content, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Vacation-Offer reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of WhitecapLG LLC. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of Whitecap and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please let us know if you would like to link to this website or would like to request a link to your website.
5. Eligibility
All persons age eighteen (18) years or older, who are legal residents of the United States, its territories and Canada or who otherwise hold a credit card issued by a United States bank are eligible to use Vacation-Offer.com. However, most of the offers made available on this site by partner resorts have additional or differing eligibility criteria. At every instance, you must meet the qualifying criteria applicable to the specific offer in order to participate in that offer. Please note that Vacation-Offer is prohibited from providing services or otherwise engaging in business with persons residing in countries subject to sanctions by the United States or appearing from time to time on the Specially Designated Nationals and Blocked Persons List and the Terrorism List, as such lists are maintained by the U.S. Office of Foreign Assets Control and other governmental bodies from time to time (collectively "Blocked Persons"). Consequently, notwithstanding any other provision of these Terms, Blocked Persons are ineligible to use in Vacation-Offer. Vacation-Offer disclaims any liability pertaining to restricting any Blocked Person's access to this site. By purchasing an offer on this site, you certify that you meet the eligibility requirements applicable for participation in such offer. Use of Vacation-Offer is not available in any jurisdiction where such use is prohibited by law.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
6. Vacation-Offer Customer Requirements
You acknowledge that Vacation-Offer is an Internet-based company and that, with the exception of limited customer support available by telephone, all services shall be exclusively available for use and enjoyment by accessing the Vacation-Offer site. You further acknowledge that you must provide and maintain, at your sole expense, all equipment and services (such as ISP services) necessary to access the Vacation-Offer site, as such may be required from time to time.
You also acknowledge that Vacation-Offer's primary choice to communicate with you is through email messaging. Where you provide us with a "bad" email address or otherwise fail to exercise good mailbox management, you may miss out on important messages from us. For example, if your mailbox exceeds its limits and refuses to accept new email messages, you will miss confirmation of your purchase, limited time discounts or other important Vacation-Offer communications.
7. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
- 7.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- 7.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- 7.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
- 7.4 violate any copyright, trade mark, other applicable laws of the United States of America or international laws or intellectual property rights of the Website Owner or any other third party;
- 7.5 submit content containing marketing or promotional material which is intended to solicit business.
8. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
9. Information on Offers, Products and Services
All transactions conducted by you on the Vacation-Offer site, or by linking from the Vacation-Offer site, are subject to these Terms as well as the specific terms and conditions applicable to the offer, product or service being purchased. In the event of a conflict between these Terms and the terms and conditions applicable to the offer, product or service being purchased, the terms and conditions applicable to the product or service being purchased will prevail in all instances.
It is always recommended to take the time to find, go over and understand the special terms and conditions associated with any potential purchase. In particular, it is important to understand your rights with regard to:
- Specials that require you to go on a Timeshare Sales Tour. Many of the specials and discounts made available on this site by participating resorts will offer you the opportunity to secure resort accommodations on a discounted basis or to otherwise receive a premium based on your agreement that you and, potentially other decision-makers in a timeshare purchase decision, will attend a timeshare sales presentation, generally of 90 - 120 minutes in duration, during your participation in the offer. In such instances, your failure or, where required, the failure of other decision-makers in your traveling party, to attend this sales presentation may result in your purchase being voided or otherwise being made available to you on a non-discounted basis. Alternatively, forfeiture of an associated premium or incentive may occur under such circumstances.
- Certificates, Premiums and Other Incentives. Fulfillment of certificates, premiums, or bonus offers made in conjunction with any vacation package purchased on this site is solely the responsibility of the resort included within the package, unless otherwise specified in the offer. Fulfillment generally occurs following attendance at a sales presentation, provided that you have otherwise complied with the terms of the offer.
- Specific Accommodations and Attributes. In some cases, a specific room location or attribute is associated with your purchase of offers. If so, this information should be reviewed and considered at the time of purchase. In other instances, requests may be made at check-in only and may be honored based on availability. Alternate accommodations may be used if necessary in the fulfillment of an offer.
- Ratings and Reviews Some accommodations available from participating hotels and resorts will have associated with them ratings and/or user reviews. The services, amenities and facilities offered at participating properties may differ, even where the accommodations from such properties fall within the same rating level.
- Additional Charges or Fees. Certain resorts may require you to pay additional fees upon use. For example, you may be required to pay additional fees for the use of certain resort amenities. In addition, you may be required to pay other location-specific mandatory charges, such as utility surcharges or all-inclusive fees. Also, it is important to remember that, unless otherwise stated, you are responsible for all taxes, personal and incidental expenses (i.e. food, phone, etc.).
10. Cancellation of Purchase/Cancellation Policy
YOU MAY CANCEL UP TO 21 DAYS PRIOR TO TRAVEL. WITHIN 21 DAYS OF TRAVEL YOU MAY CANCEL BUT A REFUND WILL NOT BE ISSUED AND YOU MAY BE LIABLE FOR FURTHER CHARGES RELATED TO THE CANCELLATION. YOUR RESERVATIONS ARE ALSO NON-TRANSFERABLE AND MAY NOT BE ASSIGNED TO ANOTHER GUEST.
In the event of a conflict between this Cancellation Policy and the Cancellation Policy within the terms and conditions applicable to a specific offer, product or service being purchased, the cancellation policy within the terms and conditions applicable to the product or service being purchased will prevail in all instances. It is important to note that any failure to comply with these Terms, any abuse of program privileges, any conduct detrimental to the interest of Vacation-Offer or the Service Providers or any misrepresentation of any information furnished to Vacation-Offer or its Service Providers may result in the cancellation of your purchase. Under such circumstances, the cancellation of your purchase shall not affect any right to relief to which Vacation-Offer, its Service Providers and/or distributors may be entitled, at law or in equity.
11. Travel
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories associated with your planned destination prior to booking travel. 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 TRAVEL BENEFITS, VACATION-OFFER DOES NOT REPRESENT OR WARRANT THAT TRAVEL IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM OR DURING TRAVEL.
12. Confirmation
Your credit card will be charged in accordance with the practices and procedures of Vacation-Offer or its Service Provider, depending on which party serves as the merchant of record for your reservation. All rates are quoted in U.S. dollars unless otherwise specified.
Shortly after confirmation of your purchase, an e-mail acknowledging your transaction will be sent to the e-mail address you provided. Upon receipt, please review your confirmation immediately and report any discrepancies to Vacation-Offer at contact@vacation-offer.com or by calling the Customer Service number at 1-800-559-8405. Discrepancies not promptly reported will be deemed accepted by you.
13. Checking In and Occupancy
Vacation-Offer has no legal or beneficial interest in any developer, seller, or managing entity of any property available through the Vacation-Offer website. Notwithstanding the foregoing, in the event of check-in difficulties, please contact Vacation-Offer immediately by calling the Customer Service number specified on your confirmation. In such instances, Vacation-Offer will use its commercially reasonable efforts to assist you in securing the reserved accommodations or, where such accommodations are unavailable through no fault of you, to work with the developer, seller or managing entity of your reserved accommodations with the goal of securing alternative accommodations of comparable size and quality for you. This assistance shall be the sole and exclusive remedy available to you from Vacation-Offer and its affiliated companies. In no instance shall Vacation-Offer, its Service Providers or any of their affiliated companies be liable for any injury, loss, damage, accident, delay, irregularity, costs or expenses arising from strikes, war, weather, quarantines, sickness, government restrictions or regulations, acts of God, or for any other cause beyond their reasonable control.
You and your guests are responsible for all personal charges incurred (e.g., telephone calls, charges customarily associated with the use of property amenities and, unless otherwise, specified meals), utilities surcharges or other charges imposed by the property. Ordinarily, daily maid service will not be available at resort locations. However, at properties offering such a service, it is usually at an additional charge. Any such additional charges will be collected at the time of check-in or check-out.
Vacation-Offer does not sell, lease, or otherwise convey any interest in any real property. Vacation-Offer has no legal or beneficial interest in any participating resort or its developer or marketer. Vacation-Offer is not: (i) involved in the business, operations or management of any participating resort or its developer or marketer; (ii) expressly or impliedly endorsing any participating resort or developer or marketer by including its offers on Vacation-Offer.com; or (iii) making any express or implied agreements, covenants, representations or warranties to you regarding any participating resort or its developer or its marketer. Similarly, Vacation-Offer is not a party to any agreements, covenants, representations or warranties made between you and any participating resort or its developer or marketer. Based on the foregoing, you agree that neither Vacation-Offer or any of its affiliated companies is liable or responsible for any claim or loss incurred in connection with your purchase or ownership of a vacation interest as a consequence of your purchase of offers, products or services from Vacation-Offer.
14. Payment Considerations
Vacation-Offer's preferred form of payment is credit cards issued by US banking institutions. Credit cards currently acceptable are: Visa, MasterCard, Discover and American Express. Vacation-Offer recognizes that, in some instances, users may be able to use debit cards as credit cards. Such use is not recommended and Vacation-Offer will not be responsible for any additional charges that might be incurred by the member as a result of such use, including, but not limited to, non-sufficient fund charges arising from delays in the processing of account credits based on subsequently-requested refunds.
15. Disputed Payments
In the event that you dispute payment for an offer, product or service purchased on the Vacation-Offer site or a Linked Site, travel plans may be cancelled and during such period, you will not be able to enjoy the use of Vacation-Offer's services or purchase products or services.
Where you wrongfully dispute payment for an offer, product or service purchased on the Vacation-Offer site, Vacation-Offer reserves the right to collect all costs incurred by it and its Service Providers or their suppliers in the resolution of your disputed payment.
16. Customer Service
Whenever you purchase an offer, product or service from the Vacation-Offer site or a Linked Site, you will be sent an email regarding your purchase. Please review all confirmations promptly and carefully to ensure their accuracy. If you have any concerns or questions, you should contact us at contact@vacation-offer.com or 1-800-559-8405.
Complaints, concerns or questions should be directed to the Vacation-Offer Customer Service Line at 1-800-559-8405 or via e-mail: contact@vacation-offer.com To enable us to fully investigate and respond in a timely manner, complaints should be lodged within ninety (90) days after the offer, product or service which is the subject of the complaint is provided, and should include appropriate documentation and any relevant reservation numbers, dates of travel, and actual dollar amounts in dispute, if any. We will use all commercially reasonable efforts to acknowledge your complaint within five (5) business days after its receipt by us.
17. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information and content contained on the website, your or your company's personal information or material and information transmitted over our system.
18. Disclaimer of Liability
WhitecapLG shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information and content contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In addition, WhitecapLG shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to any content that you or your company disclose on the site.
19. Use of the Website
The Website Owner does not make any warranty or representation that information and content on the website is appropriate for use in any jurisdiction (other than the United States of America). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information and content made available via the website.
20. General
20.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
20.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices, including offers, benefits and services made available to users by updating this posting and, therefore, you should visit this page to review these Terms from time to time. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
20.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
20.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
20.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
20.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
20.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of U.S. courts in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
20.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.