Effective Date: 08/26/2018
These Club Premier Price Match Guarantee Terms & Conditions (“Terms and Conditions”) govern the Price Match Guarantee for Club Premier Members (“Member”) who purchase travel, travel products, or other items (collectively “Product(s)”) through Club Premier. These Terms and Conditions define what claims will qualify and how to make claim to Us.
We will guarantee that Products purchased through Us will match the lowest advertised price as any other seller available to the general public, subject to all the terms below. If Member finds a lower price from a qualified seller (“Claim”), We will match the seller’s lowest advertised price at the time of purchase or within twenty-four (24) hours of purchase, subject to the following Terms and Conditions:
1. Notifying Us of a Claim. Member must notify Our representative at the time of purchase or within twenty-four (24) hours after purchase to make claim under the Price Match Guarantee. Verifiable proof is required of the public availability of the lower price. If Member finds a lower price from a qualified seller by greater than one (1) U.S. dollar and Members’ request is approved, We will match the verified lower price. Member may be responsible for any change or cancellation fees. To verify a lower price, Member may be required to provide proof by providing website addresses as directed by Our representative. We reserve the right to determine the validity and authenticity of the proof provided. All Claims are subject to verification by Us. We must be able to verify all elements of the Claim and the required terms of any Products at the time the Claim is requested. We do not accept screen shots of imagery.
2. Comparison of Products. The Price Match Guarantee applies only to identical Products. Products must meet the exact match comparison criteria. The item must be the identical item, brand name, size, weight, color, quantity and model number. It must be in stock at the time of Claim. Products must meet an “Apples to Apples” comparison. Comparison of Products and Product prices must be advertised and available to the general public on an English language website. Member must meet all requirements imposed on the lower price Product (if any), including, without limitation, residency, regional and age-related requirements. The Product description, amenities, restrictions, requirements and terms and conditions must be viewable to the general public and must meet comparison criteria. Websites that do not reveal the supplier or product details until after payment has been completed (including bidding websites) do not qualify. Price Match Guarantee does not apply to Products requiring a call-back or on Products offered on e-mails that are not advertised on public access websites, or otherwise available to the general public, on prepaid Products that involve a voucher, or certificate, or on-board credit, or flash sales, or discount buying clubs or on Products available on auction websites, or with discount offered to Members who must meet specific criteria. Additional Product specific comparison information below:
2.a. Stand-Alone Products. Price Match Guarantee for any stand-alone Products applies only to the exact same Product purchased as stand-alone through the other website (i.e., not part of a hotel + car rental package or any combination). Except as otherwise noted, the Price Match Guarantee only applies to the base cost, and not including taxes, service fees and other charges.
2.b. Cruises. Price Match Guarantee for a cruise booking applies only to the cost of the cruise fare including government fees, taxes, and port expenses. Any additional items or charges included in the cruise booking, including, but not limited to, air or land components or excursions, insurance, shipboard credits, free upgrades, transfers, pre- or post-cruise hotel stays, onboard amenities, gift cards/certificates, cash back and/or dollars off, or other add-ons or optional items are not subject to the Price Match Guarantee. To qualify for the Price Match Guarantee on a cruise booking, Member must have either: 1) Paid cruise in full; or 2) Paid a non-refundable deposit on the cruise booking (credit under the Price Match Guarantee will be applied toward the outstanding balance due for the booked cruise). The lower price must be for identical cruise itinerary, ship, sailing date, and cabin category with cabin assignment. Price Match Guarantee is not valid on prepaid rates that involve voucher or certificate, on-board credit, on prices available on auction websites, discount rates offered to members who must meet specific criteria, group prices, charter prices, incentive prices, meeting or convention prices, package, or interline rates.
3. Comparison Prices. The Price Match Guarantee applies only to USD rates or prices both advertised and available to the general public on an English language website. The Price Match Guarantee applies only to the base cost of the Product, not including taxes, service fees or other charges. Price Match Guarantee does not apply to rates or prices offered on from non-qualified sellers who offer other membership programs, corporate discounts, military rates or prices, group, charter, negotiated rates or prices, flash sales rewards program, incentive, meeting, convention, consolidator or interline rates, rates obtained via auction or similar process, available by using a coupon/voucher or other promotion not offered to the general public or a pay in advance coupon/voucher promotion. The lower rate or price may not come from a website where you have to call to get the rate or price, or from an e-mail. The rate or price must be viewable, quoted, booked, and paid for in US dollars (without reference to currency converters). Lower rates or prices do not include errors or mistakes. Clearance, closeout, liquidation sales, damaged, used, open package, refurbished, pre-owned, or rent/lease to own items, offers advertised as % or $ off, non-branded items are excluded. Pricing due to typographical errors, competitor doorbusters/lightning sales (including Amazon Prime Exclusive offers), coupon offers, promotional codes, credit card offers, gift card offers, financing, service offers, bundled offers, sales tax promotions, free items, rebates or mail-in offers are excluded.
4. Verification. All Price Match Guarantee requests, including receipts and websites, are subject to verification by Us. We will not accept screenshots or other purported evidence of a Product, lower rate or price that cannot be independently confirmed by Our representatives. Websites that do not reveal the supplier, product details or price until after payment has been completed (including bidding websites) do not qualify. We will not honor any request that We determine, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith.
5. Limit. Price Match Guarantee Claims shall be limited to three (3) Claims per Member per calendar month, regardless of the number of accounts used by the Member. Any modifications, changes or cancellations made to an existing purchase or booking that has an associated Price Match Guarantee Claim will result in voiding the Claim. Member will be responsible for any applicable cancellation fees. We reserve the right to void any Claim that is found to be in excess of these limits, issued in error, or where Member is found to be ineligible. We reserve the right to limit price quantities of price matches per identical item per Member for local and/or online competitor matches.
6. Abuse of Price Match Guarantee. At any time, We reserve the right to revoke any and all benefits of a Guarantee (including the right to cancel a previously awarded claim) if it is found that Member has attempted to or has violated or circumvented these Terms and Conditions. Resale of Products eligible for the Price Match Guarantee is strictly prohibited. We reserve the right to reject future Price Match Guarantee Claims from any Members who participated in such actions.
7. Earning Club Premier Points. Claims made under this Price Match Guarantee may reduce or alter the amount of Club Premeir points earned with eligible transactions.
9. Governing Law and Dispute Resolution. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any individual or the Sponsor, shall be governed by, and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of Arizona, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Arizona. The parties agree that all disputes arising out of or connected with these Terms and Conditions or the Price Match Guarantee will be resolved individually, without resort to class action, and exclusively by arbitration to be held solely in Maricopa County, Arizona under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
10. LIMITATION OF LIABILITY/CLASS ACTION WAIVER. BY PARTICIPATING IN THE PRICE MATCH GUARANTEE, MEMBERS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PRICE MATCH GUARANTEE, OR ANY CLAIM, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY MEMBER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) MEMBERS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
“Sponsor”, “We,” “Us,” and “Our” means International Cruise & Excursion Gallery, Inc. d.b.a. Cruceros en Linea, which is solely responsible for the administration of the Price Match Guarantee.