These ICE Rewards Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between Arrivia, Inc. d.b.a. ICE Rewards and each person who browses this site, shops for travel, and/or purchases products and services marketed herein, including the guests of the purchaser (Collectively referred to herein as “Purchaser”). By purchasing products and services through Arrivia, Purchaser acknowledges and agrees to be bound by these Terms and Conditions and any Travel Provider Terms which are incorporated herein. Additionally, Purchaser agrees that it is Purchaser’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through Arrivia of the contents of these Terms and Conditions and all applicable Travel Provider Terms.
Purchases, benefits and transactions on this website are administered and fulfilled by Arrivia, Inc. d.b.a. ICE Rewards and Our Vacation Center. Arrivia is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. Arrivia 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. Arrivia is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. Arrivia maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party travel providers. While Arrivia makes reasonable efforts to ensure that this information is accurate and complete, Arrivia expressly disclaims liability for inaccurate, incomplete, or misleading information.
All products and services marketed herein are available for redemption or purchase for Arrivia Program participants only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through Arrivia.
In the event cancellation of a booked cruise becomes necessary by Redeemer, call customer service immediately at the number above or submit the cancellation by providing a written notice to: Attention Cancellations: 7720 N. Dobson Rd., Scottsdale, AZ 85256. All booking cancellations must be received by Arrivia in conformance with our 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.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
ICE SHALL NOT BE LIABLE FOR AND DOES 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. ARRIVIA’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ARRIVIA WILL BE LIMITED TO THE FEES PAID BY PURCHASER FOR THE TRAVEL PURCHASE. IN NO EVENT WILL ARRIVIA 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 ARRIVIA’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF ARRIVIA.
These Terms and Conditions and the website shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Purchaser or a Purchaser’s guest, whether using any product or service or traveling with the Purchaser or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Arrivia or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Purchaser or Purchaser’s guest initiates an action at law or in equity and Arrivia prevails, that Purchaser or Purchaser’s guest shall pay all costs incurred by Arrivia in defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
PURCHASER AND ARRIVIA AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER PURCHASER OR ARRIVIA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH PURCHASER OR ARRIVIA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. PURCHASER AND ARRIVIA FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PURCHASER AND ARRIVIA AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any services, programs or products marketed hereunder, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among Purchaser and Arrivia and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. Purchaser hereby consents to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, Arrivia may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 855-678-8731 or email optout@ourvacationcenter.com. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, account collections, or otherwise relating to your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.