Posted January 18, 2022. Effective January 18, 2022. These Travel Club Membership Terms and Conditions supersede all previous versions.
In order to access this membership application (“Application”) the applicant (“Member”) must be over 18 years of age, have a valid email address and possess the legal authority to create a binding legal obligation. This application, any other attachments and any other modifications are part of this agreement (“Agreement”). The Agreement is entered into in connection with the Affiliate's participation in the Travel Club (“Travel Club”). In consideration of the covenants and conditions set forth in this Agreement and other good and valuable consideration received, Member and TX (individually a “Party” and collectively, the “Parties”) hereby agree as follows:
This Travel Club Affiliation Application (“Application”), any other attachments hereto and any modifications of the same at any time are hereinafter collectively incorporated herein and called the “Agreement.” The Agreement is entered into in connection with the applicant’s (“Member”) participation in the Travel Xcapes (“TX”) Travel Club (“Travel Club”).
1. The Travel Club. The Travel Club integrates a diversity of products and services from several travel providers, as described in the Travel Club materials and the Travel Club website: https://travelxcapes.com/xcapesclub/ (“Travel Club Website”). For the Members to access these travel benefits TX has developed a Travel Club affiliation (the “Affiliation”), detailed in the Travel Club Website. The Members shall access their travel benefits using their access credentials in the Member Website https://login.travelxcapes.com/
2. Price and Term. The Application indicates the price the Member shall pay TX for the Affiliation with term that starts as of the Effective Date specified therein.
3. Loan. The Application also indicates the initial payment and the balance (“Loan”). The Loan shall be paid by the Member to TX in the amounts and number of monthly payments indicated therein.
4. Payments. The monthly payment amount indicated in the Application shall be made within the first five calendar days of each month with the first payment due date indicated in the Application. The Member shall direct payments to the loan servicer’s address designated by TX. In case the Member defaults on its payment obligations, the Member shall pay monthly late fees of 3% of the unpaid outstanding amount. The Member shall have the right to make anticipated payments or pre-pay the Loan at any time without any penalty. TX shall suspend the Member’s access to the Travel Club if the Member becomes delinquent or violates the Travel Club rules (“Club Rules”), that can be consulted on the Travel Club Website. TX reserves the right to cancel the Affiliation if the Member becomes more than 90 days delinquent in its obligations.
5. Transferability. The Member shall be allowed to transfer its rights and obligations under this Agreement to a third party, with the previous written approval from TX. Said approval shall not be unreasonably withheld. The Member shall pay TX $150.00 USD as a Transfer Fee.
6. Rescission Period. The Agreement can only be cancelled within 5 (five) calendar days from the Effective Date (“Rescission Period”), provided the Member delivers a written rescission request to TX. In case the Agreement is cancelled within the Rescission Period TX shall have 15 business days from the date the of receipt of the rescission request to reimburse the amounts that TX has received from the Member minus a 10% processing fee. After the Rescission Period, if the Member becomes delinquent in his/her payment obligations or if the Member is in violation of the Club Rules, TX shall have the right to retain all the amounts that the Member has paid.
7. Bookings: TX has contracted SOR Technology LLC., a California limited liability company as the Travel Club administrator (“Club Administrator”). Neither the Club Administrator nor any of its principals have any legal interest, material benefit or control right over TX. TX reserves the right to replace the Club Administrator as TX sees fit. All bookings shall be made on a first come first served basis and shall be subject to availability. Bookings shall be made on line at the Member Website or by calling the Travel Club call center at the contact telephones provided in the Travel Club Webpage.
8. Booking Payments: The Member shall be responsible to pay for the products and services at the Travel Club’s pricing when booking a reservation. The Travel Club’s travel suppliers shall only confirm the reservations after the Member has paid for those products and services.
9. Limitations of Liability: The provisions in this section shall survive the termination of this agreement for any reason. The past and future owners, directors, trustees, officers, employees, agents, lenders and contractors, successors, and assigns (collectible the “Related Parties”) of TX shall have no obligation or liability in connection with the Member and his/her Related Parties. TX’s liability in connection with the Member and this Agreement shall be limited solely to the termination of this Agreement.
10. Applicable Laws. This Agreement shall be governed by the laws of the State of Florida, in the United States of America. In case of controversy, the Parties shall subject themselves to the courts of the State of Florida, in the United States of America and shall renounce to any other jurisdictions.
11. Notifications: Member shall send notifications to TX’s at 9500 South Dadeland Blvd., Suite #300, Miami, Florida 33156, United States of America. or to contacto@travelxcapes.com
Travel Xcapes is a registered trademark belonging to Resorts Advantage Travel INC., a commercial company incorporated in accordance with the Laws of the State of Florida in the United States of America, as evidenced in document P97000079241 dated August 28, 1997, in the faith of Stephanie G. Moeller, from Florida, United States of America, and who is registered with TAX ID# 65-079-7226, with registered address at 9500 South Dadeland Blvd., Suite #300 , Miami Florida. Postal Code 33156, in the United States of America.