TERM AND CONDITIONS

Whereas NewGenTravel Group LLC has entered a strategic sales and marketing partnership withTravelrithms LLC for the purpose of marketing and selling a member only discount travel platform to the public; set forth the following terms and conditions: 

NewGen Travel Group LLC agrees to sell to Buyer, a “Membership” in the NewGen Travel Group’s (“Program”), subject to the terms of this Agreement. Each Membership is assigned a Membership Type, and Buyer’s Membership Type is indicated on the accompanying membership certificate. Each Membership contains the above listed “Membership Benefits.” Specific Membership Benefits may vary based upon Membership Type, as described in the Membership Documents. NewGen Travel Group LLC reserves the right to create separate policies governing each Membership Type. Each Membership is assigned a personalized “Membership Account” and corresponding number evidencing each Member’s Membership and benefits. Members will receive an email within seven business days after signup for the travel savings program. This email will include login credentials to the NewGen Travel Group members only website www.newgentravelgroup.comBy signing this agreement, I/We acknowledge and agree to the NewGen Travel Group LLC’s Terms and Conditions and authorize NewGen Travel Group LLC. to contact me regarding my membership.

By purchasing a Membership through NewGen Travel Group LLC, buyer agrees to be bound by the Terms and Conditions of the Membership which are subject to change at NewGen Travel Group's sole discretion. Depending on the type of Membership purchased, redeeming certain benefits may require additional fee’s. The initial term of the Membership will last for 12 months and renew annually at a price of $220 Member’s account will remain active and in good standing so long as all of the following are satisfied: (a) the Member is current in the payment of all amounts due in connection with the Program, (b) the Member is in compliance with all applicable Membership Documents, (c) the Member’s Membership is not suspended or terminated, and (d) the Member’s Membership Term has not expired without renewal. Additional Terms and Conditions may apply and are attached on the following pages.

1. GENERAL
 

1. Welcome to the NewGen Travel Group web site (the “Web Site”) controlled and operated by NewGen Travel Group, LLC d/b/a NewGen Travel Group (referred to herein as “NGTG”, “We”, “Our”, “Us” or “NewGen Travel Group”). The goal of this Web Site is to provide you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with easy access to Your NewGen Travel Group Membership benefits offered by NGTG.
 

2. These NewGen Travel Group Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between NEWGEN TRAVEL GROUP and You.
 

3. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN THE TERMS OF YOUR MEMBERSHIP. IN PARTICULAR, PLEASE SEE SECTIONS 16 AND 17, BELOW, WHICH REQUIRE DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND AFFECTS YOUR ABILITY TO BRING A CLAIM IN COURT AND PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
 

4. From time to time, NEWGEN TRAVEL GROUP products and services may be fulfilled by either an affiliate of NGTG or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with NGTG or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through NEWGEN TRAVEL GROUP, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").
 

5. By purchasing products and services through NEWGEN TRAVEL GROUP, Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).
 

6. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through NEWGEN TRAVEL GROUP of the contents of these Terms and Conditions and all applicable Provider Terms.
 

7. ELIGIBILITY. NEWGEN TRAVEL GROUP is open to residents of the U.S. NEWGEN TRAVEL GROUP reserves the right to verify or require proof of eligibility to obtain a Membership, and any fraudulent or wrongful information provided to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. NEWGEN TRAVEL GROUP reserves the right to alter these eligibility requirements at any time.
 

8. Members are responsible for reading and understanding these Terms and Conditions, as well as the NEWGEN TRAVEL GROUP Privacy Policy, and any other communications from NGTG about the NEWGEN TRAVEL GROUP program to understand their rights, responsibilities, and status regarding it. By Booking or otherwise accepting any NEWGEN TRAVEL GROUP services, a member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy, and security obligations; however, Members understand that NEWGEN TRAVEL GROUP does not control the privacy practices of these Providers. If a member has any questions about the NEWGEN TRAVEL GROUP program or these Terms and Conditions, the Member should contact NEWGEN TRAVEL GROUP Customer Service at 1.800.240.3408If a member has any questions about the NEWGEN TRAVEL GROUP Privacy Policy or its collection, use, or disclosure of a member’s data, the Member should consult the Privacy Policy.
 

9. By accepting any NEWGEN TRAVEL GROUP 's services, a member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify NEWGEN TRAVEL GROUP if they are not eligible to receive any services at any time.
 

2. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
 

1. NEWGEN TRAVEL GROUP is offered and fulfilled by Arrivia, Inc. (“Arrivia"). Arrivia is located at 15147 N. Scottsdale Road, Suite 210., Scottsdale, AZ 85254. Arrivia is aregistered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii#TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #21-136301), and California #CST2066521-50. Registration as a seller of travel does not constitute approval by the State of California. Arrivia is not aparticipant in the California Travel Consumer 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. 

 3. PROVISION OF INFORMATION

1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While NEWGEN TRAVEL GROUP makes reasonable efforts to ensure that this information is accurate and complete, NEWGEN TRAVEL GROUP expressly disclaims liability for inaccurate, incomplete, or misleading information.

 

4. MODIFICATIONS OF THE TERMS AND CONDITIONS
 

1. These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of NEWGEN TRAVEL GROUP without prior notice to Members (except where required by law). By enrolling into the NEWGEN TRAVEL GROUP, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
2. NEWGEN TRAVEL GROUP may from time-to-time change prices, including recurring Paid Membership fees and any other fees applicable to Your Membership. NEWGEN TRAVEL GROUP will inform You of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, you may always reject the price change by canceling Your Membership as set forth herein (See Sections 11 and 12 below).
 

5. NO COMMERCIAL USE
 

1. Membership purchases, benefits and transactions are for personal use only and may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any membership agreement is grounds for immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation, or liability to You.
 

6. MEMBER SUSPENSION AND TERMINATION
 

1. NGTG may (without refund or credit) suspend or terminate a Membership (without prior notice, or first being required to suspend, or allow for a cure period), cancel a Booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with a Membership upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Policy by the Member or his or her guest(s) ii. Failure to pay any fees due and owing respecting NGTG or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in NGTG’s sole discretion, of any Member benefit, travel credit, or reservation by the Member or his or her guest; iv. Following suspension, if applicable, if the Member fails to cure the reasons for such suspension within such time as determined by NGTG, however, suspension is not a condition precedent to termination, therefore a member may be terminated without first being suspended, v. Upon termination of the NGTG Program; vi. Upon any determination by NEWGEN TRAVEL GROUP, in its sole discretion, that a Member or guest is abusive to any NEWGEN TRAVEL GROUP, affiliate, inventory provider or ancillary travel products provider personnel; vii. If a member or guest causes property damage to any Affiliated Resort, Inventory or Ancillary Travel Product; viii. If required to do so by any local, state, or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. for any other reason in the sole discretion of NGTG.
 

7. NEWGEN TRAVEL GROUP ’S ROLE
 

1. Member and NEWGEN TRAVEL GROUP are dealing at arms’ length, creating a commercial relationship. NEWGEN TRAVEL GROUP is not Member’s agent or Member’s fiduciary. By purchasing products and services through NEWGEN TRAVEL GROUP, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and NEWGEN TRAVEL GROUP.
 

2. In connection with products or services not directly supplied and fulfilled by NEWGEN TRAVEL GROUP, NEWGEN TRAVEL GROUP is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.
 

8. AVAILABILITY
 

1. All products and services offered through NEWGEN TRAVEL GROUP are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through NEWGEN TRAVEL GROUP’s Platform. Member participation may be denied if Membership is not in good standing, such as if a member is not current in all fees due to NEWGEN TRAVEL GROUP.
 

9. PRICES AND RATES
 

1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay NEWGEN TRAVEL GROUP for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
 

10. CURRENCY
 

1. All fees and charges are payable in United States Dollars (USD).
 

11. PAYMENT
 

1. NEWGEN TRAVEL GROUP Memberships, products, and services may be purchased with any participating valid credit or debit card.
 

2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
 

3. Charges usually occur on the same business day but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, NEWGEN TRAVEL GROUP will make reasonable efforts to contact Member, but NEWGEN TRAVEL GROUP reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call NEWGEN TRAVEL GROUP customer service at 1.800.240.3408.
 

12. DEMO ACCOUNTS ENROLLMENT AND CANCELLATION
 

1. DEMO ACCOUNTS – We may offer Demo Accounts for Memberships, subject to the specific terms explained during Your enrollment. You can inquire about the details of Your demo account by contacting NEWGEN TRAVEL GROUP via email at: admin@newgentravelgroup.com or 1.800.240.3408, We reserve the right to determine eligibility for Demo Accounts, which may vary based on a variety of factors, including but not limited to, the Membership selected or how recently You were given a Demo Account. Certain limitations may also exist with respect to combining Demo Accounts with any other offers.
 

13. PAID MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION
 

1. Paid Memberships with an annual term will automatically renew on an annual basis on the date You signed up, until You cancel Your Paid Membership in accordance with these Terms and Conditions (see Section 12.7 below). You will be charged at the beginning of Your billing cycle and the charge may take several days to appear on Your account. So long as Member complies with all the Paid Membership terms, including timely payment of the annual Paid Membership fees, Member shall be eligible to receive the benefits of Paid Membership.
 

2. The current Paid Membership cost for NEWGEN TRAVEL GROUP vary and are dependent on the level and type of program under which the Member was initially enrolled. You will find additional details about the Paid Membership You are subscribed to, including applicable charges and fees, next payment due date, payment history and invoices, and account management by contacting NEWGEN TRAVEL GROUP member services at support@newgentravelgroup.com or 1.800.240.3408. 

3. By purchasing a Membership through NEWGEN TRAVEL GROUP, buyer agrees to be bound by the Terms and Conditions of the Membership which are subject to change at NEWGEN TRAVEL GROUP’s sole discretion. Depending on the type of Membership purchased, redeeming certain benefits may require additional fee’s. The initial term of the Membership will last for 12 months and renew annually at a price of $199.00. Member’s account will remain active and in good standing so long as all the following are satisfied: (a) the Member is current in the payment of all amounts due in connection with the Program, (b) the Member is in compliance with all applicable Membership Documents, (c) the Member’s Membership is not suspended or terminated, and (d) the Member’s Membership Term has not expired without renewal. Additional Terms and Conditions may apply and are attached on the following pages.

4. By initiating Your purchase, you authorize NEWGEN TRAVEL GROUP to charge Your credit card, debit card, or other eligible payment method (“Payment Method”) for recurring fees related to the Paid Membership and any taxes on an ongoing basis, as set forth herein. You may be able to stop payment of any scheduled recurring payment by notifying the issuer of your Payment Method or Your financial institution. However, NGTG may continue to charge You for that payment and for other recurring payments until you cancel Your Paid Membership in accordance with Section 12.7 below. You can update Your Payment Methods from within Your NEWGEN TRAVEL GROUP account at www.newgentravelgroup.com in the “Account Summary” section. You may also contact us at 1.800.240.3408 for assistance.
 

Please note that NGTG is not responsible for any fees or charges applied by Your financial institution or Payment Method issuer related to processing of Your Paid Membership fees.
 

UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR PAID MEMBERSHIP (IN ACCORDANCE WITH SECTION 12.7 BELOW), YOU UNDERSTAND THAT YOUR PAID MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE NGTG TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR PAID MEMBERSHIP FEE AND ANY TAXES FOR THE APPLICABLE RENEWAL TERM.
 

UPON RENEWAL OF YOUR PAID SUBSCRIPTION, IF NGTG DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A PAID SUBSCRIPTION FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR PAID SUBSCRIPTION IN ACCORDANCE WITH SECTION 12.7 BELOW, WE MAY IMMEDIATELY CANCEL OR SUSPEND YOUR PAID SUBSCRIPTION UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD.
 

5. If Member fails to pay the yearly Membership dues or other fees or charges in connection with Paid Membership on or before the respective payment due date thereof, Member will be ineligible to receive any benefits of Paid Membership, and Your NEWGEN TRAVEL GROUP Membership may terminate.
 

6. In the event Member allows the Paid Membership to lapse due to non-payment, the Paid Membership may be reinstated at the sole discretion of NEWGEN TRAVEL GROUP. Reinstatement fees may apply.
 

7. PROMOTIONS – If We offer promotions (for example, temporary discounted pricing), the specific terms of the promotion will be disclosed during enrollment or in other materials provided to You. We will begin billing Your Payment Methods for Your Paid Membership at the then-current, non-promotional price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed.
 

8. All fees and promotional offers are subject to change at any time without prior notice (unless required by applicable law), in the sole discretion of NEWGEN TRAVEL GROUP.
 

9. CANCELLATION - Member may cancel the Paid Membership as follows:
 

Paid Memberships can be cancelled WITHIN 5 DAYS of original purchase date by:
 

• Calling toll-free: 1.800.240.3408
• Sending written notice of cancellation to: admin@newgentravelgroup.com
 

If cancelling a Paid Membership within five (5) days of the date of payment of Your initial Paid Membership, Your Paid Membership will end promptly, after which You will no longer have access to benefits of the Paid Membership and We will provide You with a full refund of the amount You paid (not including any coupon codes, promo codes or similar discounts applied towards the annual Paid Membership fee) for Your annual fee. If You cancel outside of such initial five (5) day period, you will not be eligible to receive any refund or credit and will continue to have access to Paid Membership until the end of Your then-current annual term. Your Paid Membership will not, however, be automatically renewed for any future annual terms.
 

10. Please note that upon termination or cancellation of Your Paid Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the terms and conditions associated with the booking.
 

11. Cancellation of Bundles or Third-Party Purchases. Please note that to the extent you purchased your Paid Membership as part of a bundle or if you purchased from a third-party, the cancellation policies of your specific sale shall supersede these Terms and Conditions.
 

14. LIMITATION OF LIABILITY
 

1. NEWGEN TRAVEL GROUP SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS 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 OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. NEWGEN TRAVEL GROUP ’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF NEWGEN TRAVEL GROUP, WILL BE LIMITED TO THE FEES PAID BY MEMBER TO NEWGEN TRAVEL GROUP, FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL NEWGEN TRAVEL GROUP BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO NEWGEN TRAVEL GROUP, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF NEWGEN TRAVEL GROUP.
 

15. DISCLAIMER OF WARRANTIES
 

1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES WE PROVIDE, THE OPERATION OF OUR PROGRAM, OUR WEB SITE, OR THE ACCURACY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS WE PROVIDE YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT OUR PROGRAM OR WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, BOOKINGS OR RESERVATIONS MADE UNDER AN INCORRECT PRICE. IF SUCH EVENT AFFECTS A TRAVEL BOOKING, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
 

2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY NEWGEN TRAVEL GROUP TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.
 

3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:
 

1. REGARDING THE ACCEPTANCE OF ANY REQUEST;
2. THAT YOU WILL RECEIVE THE LOWEST POSSIBLE PRICE FOR THE PRODUCTS, SERVICES, OR GOODS WE ADVERTISE OR YOU PURCHASE;
3. REGARDING THE AVAILABILITY OF PRODUCTS, SERVICES, AND GOODS ADVERTISED BY NEWGEN TRAVEL GROUP.
4. REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES.
5. WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE “ACTIVITIES”). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.

 

16. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
 

1. MEMBER AND NEWGEN TRAVEL GROUP 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 MEMBER NOR NEWGEN TRAVEL GROUP WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR NEWGEN TRAVEL GROUP ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND NEWGEN TRAVEL GROUP FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, NEWGEN TRAVEL GROUP AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
 

2. IF THE CLASS ACTION WAIVER 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.
 

17. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
 

1. ARBITRATION PROVISION (“Provision”). Any dispute, controversy or claim (“Claim”), whether preexisting, present or future, arising from or relating arising from the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, 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 You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors, shall, at the election of you or us, be arbitrated on an individual basis before the American Arbitration Association (“AAA”) (www.adr.org, 1-800-778-7879) or Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (www.jamsadr.com, 1-800-352-5267) pursuant to their applicable rules and fee schedules, or before any other provider of arbitration services (“other provider”) to which you and we mutually agree in writing (provided such other provider adheres to the terms of this Provision). Notwithstanding anything in these Terms and Conditions to the contrary, with respect to any disputes involving a sale, booking, processing or payment of any cruise and travel benefits or vacation club memberships services, programs or products that involve the use or utilization of an American Association of Retired Persons discount code (“AARP Booking”), such AARP Booking’s shall be arbitrated exclusively before the AAA using the AAA’s consumer Arbitration rules. A single neutral arbitrator with expertise in the subject matter of the Claim(s) shall be appointed. If the AAA and JAMS (or other provider) cannot serve, a court with jurisdiction will select the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Provision. Any hearing will be held in a location reasonably convenient to both you and us, such as the state and county in which this agreement was signed, unless otherwise agreed by the parties in writing or ordered by the arbitrator. IF A CLAIM IS ARBITRATED, THERE WILL BE NO RIGHT TO HAVE A COURT OR TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
2. “Claim” includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, rescission, cancellation or default; property management; reservations, discounts, points or rewards programs; applications and personal information; marketing or sales solicitations, advertisements, or promotions; disclosures; communications between you and us; collection of delinquent amounts and the manner of collection; use of resort properties; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public personal information about you; documents or agreements identified in or related to any of the foregoing; any prior agreement between you and us; and Claims that arose before the effective date of this agreement. In addition, the term “Claim” includes claims arising out of contracts between the parties that were entered into prior to this agreement. “Claim” also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity.
 

3. “Claim” does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide. But disputes about the validity or enforceability of the Terms and Conditions as a whole are for the arbitrator to decide; or (ii) any individual action by you or us in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court. The institution and maintenance of any such action shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by us. In any such action commenced by us, you may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from us, including, without limitation, damages.
 

4. Solely for purposes of this Provision, “we,” “us,” and “our” also mean our parent companies, subsidiaries, affiliates and assigns; our and their employees, officers and directors; and any third parties that you bring a Claim against at the same time that you bring a Claim against us or any of the foregoing. “You” and “your” also mean your heirs, successors and assigns.
 

5. Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right to (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except you and us individually.
 

6. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision (the “award”). The arbitrator may award all remedies that would apply in an individual court action, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the administrator’s rules or applicable law. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.
 

7. This Provision shall survive the breach, cancellation, termination or rescission of this agreement, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the agreement or the AAA or JAMS rules, or the rules of any other provider. If any term or provision of this Provision is held to be unenforceable or invalid, the remaining provisions shall be enforced without regard to such unenforceable or invalid term or provision, except that: (i) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding involving you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, then this Provision (except for this sentence) shall be null and void in its entirety with respect to such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that determination becomes final after all appeals have been exhausted, then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim seeking public injunctive relief until the arbitration award.
 

8. Right to Reject Arbitration Provision: You may reject this Provision by sending us a written notice which gives your full name and states that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to NEWGEN TRAVEL GROUP, 14050 N 83rdAve Suite 290 Peoria, AZ 85381, Attention: Legal Department. A rejection notice must be signed by you and received by us within thirty (30) days after the first date of your Membership. Rejection of arbitration will not affect any other term of this agreement.
 

18. GOVERNING LAW
 

1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, the Booking Rules, and any certificates shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a booking confirmation/travel receipt, to seek any remedy against NEWGEN TRAVEL GROUP, 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 Member or Member’s guest initiates an action at law or in equity and NEWGEN TRAVEL GROUP prevails, that Member or Member’s guest shall pay all costs incurred by NEWGEN TRAVEL GROUP defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees, and court costs.

 

19. INDEMNIFICATION
 

1. You agree to defend, indemnify, and hold harmless NGTG and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of NGTG’s websites, Memberships, or services.
 

20. SEVERABILITY
 

1. No waiver of these Terms and Conditions by NGTG shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of NGTG to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
 

21. AGE RESTRICTIONS
 

1. Members are required to be 18 years of age or older. Guests under the age of 18 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
 

22. GEOGRAPHIC LIMITATIONS
 

1. Unless otherwise specified, NEWGEN TRAVEL GROUP and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access NEWGEN TRAVEL GROUP from locations outside the United States, you do so at Your own risk and You are responsible for compliance with any applicable local laws.
 

23. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
 

1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.
 

2. You verify that any contact information provided to Us, including, but not limited to, your name, mailing address, email address, your residential telephone number, or your mobile telephone number, is true and accurate. You verify that You are the current member 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 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.
 

3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, you expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. 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.
 

4. 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. The mobile carriers are not liable for delayed or undelivered messages.
 

5. 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 800-240-3460. 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.