Last Updated: May 2021. These Terms and Conditions replace and supersede all previous versions
These Terms and Conditions (hereinafter the "Terms") govern the use of the website with the commercial name destinationsvacationclub.com, represented by TERRATRA S DE RL DE CV, with fiscal address at Quetzalcóatl 533 A, Col. Jardines de la Villa, Villa de Álvarez, Colima, México, with RFC TER210126LC2, (hereinafter DVC) legally stablished to claim the rights that are agreed and to comply with the obligations established in these Terms and You.
DEFINITIONS:
destinationsvacationclub.com is a search engine exclusive for DVC subscribers (hereinafter the website).
Subscriber is the person with all their capacities to comply with the obligations established in these Terms and who freely expresses, voluntarily and consents in this act their willingness to accept these Terms (You).
Global Distribution Systems, they are computerized systems used mainly by online travel agencies (OTAs), specialized travel websites, travel agencies, hotels or airlines, and which also allow searching for additional services such as transport tickets, cruises, car rentals, excursions, tours, insurance, etc.
Service Provider or Third-party service, it is a third-party outside DVC, which can be a company or business, ALWAYS registered with the Global Distribution System,that provides service to the Subscriber, among them are Hotels, Airlines, transport ticket vendors, Cruises, Car Rental companies, Excursions, Tours, Insurance, etc. that can be found and displayed by the destinationsvacationclub.com search engine for the Subscriber's personal choice.
Arrivia Technology, founded in 2004, it is a company that provides connection to the Global Reservation Systems (e.g., Amadeus, Galileo / Apollo (owned by Travelport), Saber, Worldspan, etc.), necessary for the proper functioning of the website, that only provides service to corporations and that does not sell individual, personal or retail subscriptions.
Reservation Facilitator is the service that DVC offers, to send the subscriber's information to the Service Provider in real time and to speed up its process.
STATEMENT:
DVC has a legally signed contract with Arrivia Technology since July 2020, with which DVC has access to the best Global Reservation Systems and with this, it can access the information in real time the services listed in paragraph 2 subsection iv of these Terms (Subscription Price), with the benefit of offering the Subscriber an active subscription to the website, and being able to generate searches to grant direct access to the Service Providers in real time, with online availability, at the lowest prices, WITHOUT INTERMEDIARIES, without blocked dates and nothing else, PURPOSE of this contract.
TERMS AND CONDITIONS:
1. Scope of service. By using a subscription on our website, you confirm that you have read, understood and accepted these terms, as well as the Privacy Policy.
2. Subscription for the website. Only the active Subscriber will have access and can make unlimited searches within the website.
Active account in DVC. You will need an active DVC account to access Search Services as only your active DVC account allows you to log into the website.
Creating an account. You can create an active DVC account by registering online and paying for your subscription. To create it, you agree not to use any false, inaccurate or misleading information when registering for your DVC account. Subscriber accounts are as a person, DVC cannot create an account on behalf of an entity, such as your employer.
Subscription and Annual Fee. The Subscriber must pay a subscription and an annual (or renewal) fee for the use of his/her DVC account to keep it active. This means that you must pay your subscription and later, at least once, the renewal fee in any given year to continue using your DVC account and associated Services, your active account expires each year on the anniversary date of the acquisition of your subscription.
iv. Subscription Price. The subscription price is the basis for using your DVC subscription and accessing the website, the subscription price may vary according to the number of services purchased to generate your searches (listed below), for and in consideration of the subscription price, the DVC Subscriber is granted an active DVC account for the first year on the website, subject to and in accordance with these Terms.
Annual Renewal Fee. In addition to the subscription price, the subscriber agrees to pay an annual subscription renewal fee in DVC for each additional period beginning twelve (12) months on the anniversary of the subscription date. The current annual renewal fee is $ 199 USD and renews each and every subscription benefit chosen at the time of purchase. The annual renewal fee may vary from one year to another, without affecting the current year and without this increase becoming abusive to the Subscriber. The Subscriber will receive an annual renewal notice electronically.
Annual obligation. The Subscriber may, at his/her choice, decide not to pay for any given year and with this, we will assume that his DVC account is inactive, when the Subscriber decides to reactivate it, he will ONLY have to pay his annual renewal fee, without this causing late charges or any type of additional fee, especially if the subscriber decides not to pay on its anniversary, not to pay in consecutive years or not pay it definitively.
Late payment of the Annual Renewal Fee. The Subscriber understands that the late payment of the Annual Renewal Fee only covers the remaining use of the available time until the next anniversary.
Third-Party Invoices, Fees, and Taxes. The Subscriber must always pay all applicable taxes and all Service Provider fees. We are not responsible for any fees paid as we do not receive any perception for the Subscriber's choices through his search. With this it is also understood that you must request the invoice from the Service Provider chosen by the Subscriber.
Other charges. If there is a charge associated as part of the Services, you agree to pay that charge. The price indicated for the Services may exclude applicable taxes and currency exchange settlements, unless otherwise indicated. You are solely responsible for paying such taxes or other charges.
Invoice for the subscription renewal fee. The invoice will be issued from the Platform Manager and its country of operation.
Transfer of your DVC subscription. You can transfer your DVC subscription to someone else by contacting: memberservices@destinationsvacationclub.com. You will receive instructions on the process which may include a fee or fees.
If due to force majeure, DVC had to close its doors, the Subscriber may continue to have his account active and with it the use and enjoyment of all its benefits in connection with the Global Distribution Systems through the payment of its Annual Fee for through Arrivia Technology.
3. Duration of the Contracted Service. The duration of the service may be indeterminate, according to the price and the contract agreed upon at the time of contracting.
4. Services and contracts with third parties. On the website, the Subscriber only has the ability to compare the Third-Party Services through the DVC search system, so the Subscriber understands:
That DVC is NOT the provider of the compared services, so it is understood that the DVC service only includes the possibility of comparing the services offered by third parties through searches made on the website.
That the Reservation Facilitator only valid and sends the Subscriber's information to the Service Provider so that it can provide the requested Service. It is understood that no contract for services is concluded through the use of the DVC page. In particular, the service contract is concluded between the Subscriber and the Service Provider chosen by the Subscriber through the search (s) carried out.
That This agreement does not affect any other agreement or contract between the chosen Service Provider and the Subscriber.
5. Support and use. If you are having trouble accessing your DVC account, you can send an email to memberservices@destinationsvacationclub.com.
Subscriber support for some Services is available on the https://destinationsvacationclub.com website in the footer under the heading "Member support". Certain Service Provider (s) may offer separate or additional customer support, support may not be available for all features or services.
By using the DVC Subscriber area, the Subscriber will be able to manage and save their searches. To create an account, it will be necessary to provide personal data. Apart from the name of the Subscriber, no other personal data will be visible. For more information on this, we recommend consulting DVC's Privacy Policy de DVC.
The same Subscriber may not register more than once. In addition, it will be up to him to ensure that your personal data is correct and complete.
The Subscriber will be responsible for ensuring the privacy of their account data, especially the password. Likewise, they will be responsible for the use made of their account in relation to DVC and third parties. It is totally prohibited to disclose this data for the use of third parties.
In the event of unauthorized use of DVC services through an inappropriate username and password, the Subscriber must notify DVC immediately.
6. Privacy.
The protection of personal data provided by Subscribers is of utmost importance to DVC. As such, DVC makes every effort to ensure data protection compliance. For more information, please read our Privacy Policy.
DVC collects, processes or uses only the data that is necessary for the performance of the services offered by DVC and/or for the use and operation of the website.
The Subscriber in this act, grants his consent to receive periodic information on DVC. Consent can be revoked at any time in writing or by email.
7. Subscriber's Obligation.
The Subscriber agrees not to use DVC services to create content that:
be advertising disguised as opinions,
does not have specific content,
is not objective or is intentionally false,
immoral, pornographic or otherwise offensive,
infringes the rights of third parties, in particular copyright,
violates applicable laws in any way or constitutes an offense,
either a survey or chain.
The Subscriber agrees not to use programs or functions to generate automated page impressions or content in DVC.
If there is a breach of the terms by the Subscriber, DVC reserves the right to permanently prohibit access to DVC. The right to prosecute criminal acts is not affected. The right to report criminal acts is not affected.
8. Revocation, refunds and active period.
DVC reserves the right to terminate a Subscriber's access and delete their registration within a period of one week after receiving relevant information via email regarding inappropriate use of the website. The Subscriber can also terminate his own access and registration within the same period. The right to immediate termination for just cause is not affected.
Revocation of the subscription by the subscriber. The buyer has the right to revoke these Terms within the first five business days; This period includes the date of purchase. To do so, you only need to notify DVC in writing of your intention. Your revocation notice will take effect on the date of sending and for this purpose, it must be sent to the email: memberservices@destinationsvacationclub.com or presented at the location where these Terms were signed, all funds received will be returned in a period that will not exceed the following 15 days.
The Revocation request must comply with what is cited in the second paragraph of subsection 8.2.
Active Period. After the day of purchase, to the 6th business day, the subscription is considered active and no amount received will be returned, even if the Subscriber has not used the website as the subscription payment will be considered as full payment for the first year of use beginning on the date of signature of these Terms.
9. LIABILITY.All Global Reservation Systems depend on the information sent from the Service Provider (s), so any failure in their systems and/or information sent affects all users of the Global Systems Reservations, such as: Hotels, Airlines, transport ticket vendors, Cruises, Car Rental companies, Excursions, Tours, Insurance, etc., including DVC and the Subscriber, so that the Subscriber and DVC understands that:
DVC does not verify the accuracy of the content uploaded by the Service Provider. This content is provided in real time by the Service Provider's site(s) for publication through the Global Reservation System and all users of the Global Reservation System service receive the same information.
DVC is not responsible for the accuracy, quality, integrity, reliability or credibility of the content provided by Subscribers and/or the Provider(s) of the Service(s) shown in the search(s). Everything happens through the Global Reservation System and all users of the Global Reservation System service receive the same information.
Although it is not a common situation, DVC cannot guarantee the accuracy of the information, especially regarding prices and availability. Although all the results shown try to be as updated as possible, if for technical reasons of the Global Reservation System, the price updates were not made in real time, consequently, there will always be the possibility that the price displayed on the reservation site does not correspond to the one specified in the DVC pages.
DVC is not responsible for technical errors whose cause is beyond the scope of responsibility of DVC or damage caused by force majeure. DVC does not guarantee the uninterrupted availability of data and that maintenance tasks can be carried out during a freely chosen period of time.
In particular, hyperlinks, advertising banners, information about accommodation, destinations, providers etc., are provided by external sites and do not represent suggestions, recommendations or information on behalf of DVC.
DVC has no influence on the content (in particular images, comments, opinions, etc.). The publication of the content and reports generated by the Subscriber or the Service Provider, do not reflect the opinion of DVC, DVC particularly does not claim this content as its own.
DVC does not receive any fee or royalty from (the) Provider(s) of the Service(s) so it does not recommend, influence or suggest any selection available.
In particular, DVC does not act as an organizer or travel agency at any time, so all agreements that may arise through a search are between the Subscriber and the respective Service Provider. The processing of the contract election and the payment, as well as the questions about the contract of a Service Provider are those corresponding to the site of the Service Provider that the Subscriber decides to contract. DVC is not involved in a contractual agreement, agreement and/or any claim between the Subscriber of DVC and the site of the Service Provider contracted by the Subscriber.
10. Changes to these Terms.The current terms apply when using the website. The Subscriber may receive notifications about changes by email, although all updated changes will always be available on the website. Subscribers can download and print the current terms on their own computer system.
11. Contracting Entity, Choice of Law and Jurisdiction.You and DVC irrevocably consent to the jurisdiction and exclusive jurisdiction of the state or federal courts of Villa de Álvarez, Colima, Mexico, for all disputes arising from these Terms or the Services that are related to them. Villa de Álvarez, Colima, México, for all disputes arising out of these Terms or services that are related to them.