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PALMER ADVANTAGE CLUB NETWORK PROGRAM
PALMER ADVANTAGE PLATINUM TERMS AND CONDITIONS
The Palmer Advantage Club Network Program (“Program”) is a reciprocal membership benefit program providing participating individuals (“Program Members”) with various recreational benefits, including but not limited to access to private golf and country clubs. Benefits are administered by Palmer Advantage, LLC ("PA"), and are subdivided into different categories of participation (“benefit levels”). Program benefits and eligibility requirements vary depending on the benefit level at which a Program Member elects to participate. The benefits, requirements, and other terms and conditions for the Palmer Advantage Platinum (“Platinum”) benefit level are set forth herein. By using the Program benefits for this benefit level, Program Members hereby agree to these terms and conditions.
Members of private clubs which are owned, managed or otherwise controlled by Century Golf Partners Management LP (“Century”) are eligible to participate in the Platinum benefit level by paying required upgrade fees and dues as may be assessed by PA from time to time, in the sole determination and discretion of PA. Such fees may be in the form of additional monthly dues, one-time fees, or both. PA reserves the right to waive any applicable upgrade fees, in its discretion. Program Members participating at the Platinum benefit level (“Platinum Members”) are entitled to receive up to a maximum of two (2) rounds of golf, per club, per thirty (30) days, at complimentary greens fees, at certain participating private golf and/or country clubs (“Palmer Privilege Clubs”), from Tuesday through Sunday on a space available basis; provided however, tee times are not available before 2:00 PM local time on Saturdays and Sundays, and provided further that tee times are not available at any time on Mondays in private Palmer Privilege Clubs. Standard cart fees apply. Rounds at Palmer Privilege Clubs may not be used on holidays, or at any other restricted time set forth above. Palmer Advantage reserves the right to impose additional restrictions on the availability of tee times at certain clubs during peak or high usage seasons, in its discretion. Platinum Members may play such rounds only at Palmer Privilege Clubs located outside a seventy-five (75) mile radius from the Platinum Member’s residence(s), business(es) and home club addresses. The two complimentary rounds of golf per thirty (30) days may be used by a member or the member’s spouse, in any combination. Platinum Members are also entitled to receive unlimited complimentary greens fees at certain participating public clubs (“Palmer Privilege Daily Fee Clubs”), Monday through Friday, and after 2:00 PM local time on Saturdays and Sundays. Standard cart fees apply. Rounds at Palmer Privilege Daily Fee Clubs may not be used on holidays, or at any other restricted time set forth above. Palmer Advantage reserves the right to impose additional restrictions on the availability of tee times at certain clubs during peak or high usage seasons, in its discretion. Platinum Members are entitled to book tee times up to fourteen (14) days in advance in Palmer Privilege Clubs and Palmer Privilege Daily Fee Clubs. Up to three (3) accompanied guests of Platinum Members may receive a preferred guest fee rate as determined by the participating Palmer Privilege Club, Palmer Privilege Daily Fee, (collectively, “Palmer Privilege Platinum Clubs”), plus required cart fees. All access is on a space available basis, as determined by the Platinum Club. The number of available tee times may be subject to restrictions, as determined by Palmer Advantage from time to time. Platinum Members are also entitled to access, on a space available basis, at certain additional private golf and/or country clubs (“Platinum Private Clubs”). Greens fees and cart fees apply. Greens fees and/or cart fees may be at reduced or set rates as determined by the particular Platinum Private Club. Platinum Members may play such rounds only at Platinum Private Clubs located outside a minimum of a seventy-five (75) mile radius from the Platinum Member’s residence(s), business(es) and home club addresses; some Platinum Private Clubs may impose a greater radius restriction, as determined by each Platinum Private Club. Platinum Members are also entitled to receive special reduced fees at certain participating public clubs (“Platinum Daily Fee Clubs”), on a space available basis. Standard or reduced cart fees may apply. Platinum Members are typically extended the ability to book tee times up to fourteen (14) days in advance in Platinum Private Clubs and Platinum Daily Fee Clubs, with some variation as determined by each Platinum Club. Morning tee times on Saturday and Sunday and access on holidays are at the discretion of each Platinum Club A listing of all participating Platinum Clubs, including those designated as “Palmer Privilege Clubs,” is available at www.palmergolf.com, or by contacting the Concierge (as that term is defined below). Platinum Members may receive access to the social, dining, athletic and tennis facilities of Platinum Private Clubs located outside of a minimum seventy-five (75) mile radius from their residence(s), business(es) or home club addresses, in accordance with the standard guest policies determined by such Platinum Private Clubs from time to time; some Platinum Private Clubs may impose a greater radius restriction. Such policies may limit tennis and athletic access to certain days or times, which are subject to change from time to time in the discretion of each Platinum Private Club. Platinum Private Clubs may, in their sole discretion, from time to time also offer special discounts on outings, monthly instructional clinics, or pro shop merchandise discounts. Platinum Members may be offered specially priced resort packages from time to time, depending on availability of participating resorts, and other limitations and restrictions that may apply. Platinum Members will receive complimentary green fees with every two consecutive night stays at participating preferred golf club resorts. Benefits include preferred room rates, room upgrade, based on availability, and priority check in and late check out. Platinum Clubs may also include private clubs which do not offer golf, such as yacht clubs, dining clubs, athletic clubs and business clubs. Platinum Members will be entitled to access these benefits, at fees determined by each Platinum Club for the services provided, on a space available basis. Platinum Members receive automatic participation in the Palmer Advantage Travel Program, which permits members to book a variety of airline, car rentals, hotel, cruise, cruise packages and condominium resort rentals through the Concierge, and earn Travel Club Credits that can be applied against future purchases. The terms and conditions of participation in the Palmer Advantage Travel Program are attached as Appendix A to these Terms and Conditions, and apply fully to all participation in the Palmer Advantage Travel Program by any Platinum Member. Platinum Members are entitled to access to special travel offers, discount rates, and automatic room upgrades at selected hotels and resorts. Platinum Members are entitled to purchase sporting, entertainment and show tickets online and/or through the Concierge, on a space available basis. Platinum Members will receive Kingdom Magazine, delivered to the member’s home on an annual basis, which will include limited content specific to Platinum Clubs. Some or all of the foregoing items and services may be provided by various third-party vendors, who have agreed to allow Platinum Members to have preferred access or receive special offers. PA is not responsible for the services or benefits provided, and any issues with such must be addressed directly with the providing vendor. PA will provide info necessary to contact such vendor, upon request. All reservations for usage of Platinum benefits must be made by contacting the Palmer Advantage Concierge (“Concierge”), which is available to Platinum Members. The Concierge may be contacted by phone, both domestically and internationally, at numbers provided to Platinum Members from time to time. Platinum Members may not contact Platinum Clubs directly to make reservations. Members with the Palmer Privilege benefit may make reservations for tee times or other usage of Palmer Privilege Clubs by first contacting their Golf Professional at their home club, who will in turn contact the requested Palmer Privilege Club. Palmer Privilege Members may not contact Palmer Privilege Clubs directly to make reservations. Members will receive a Palmer Advantage Platinum Member Card. Such member cards will contain the Concierge phone number and may be requested to be shown at Platinum Clubs in order to obtain access or services. Platinum Members whose home club is a Palmer Privilege Club are entitled to invite immediate family members to membership under the “Legacy Membership Privilege.” Children, grandchildren, parents and grandparents of a Platinum Member may join any one of the “Palmer Privilege Clubs” as follows: children and grandchildren, once approved for membership, may defer the required initiation fee until their 40th birthday, or for 5 years, whichever is to their benefit; parents and grandparents, once approved for membership, may defer the required initiation fee for 5 years. Legacy Memberships are accepted on a space available basis. Additional details surrounding the Legacy Membership Privilege may be obtained from the Membership Director at the member’s current home club. Any Platinum Member in good standing whose home club is a Palmer Privilege Club, and who is relocating outside a seventy-five (75) mile radius from his/her home club may relocate their home club membership to certain Palmer Privilege Private Clubs (on a space available basis and only if such clubs are accepting relocations and/or participating in this benefit) as follows: the amount of the initiation fee paid to the former home club will be applied against the initiation fee requirement of the new home club, and the relocating member will pay only the difference, if there is one. Additional details may be obtained by contacting the Membership Director at the member’s current home club. Platinum benefits may be modified, withdrawn and/or changed from time to time. Platinum Clubs are subject to change without notice, and may be added or removed from time to time. There is no guarantee that a specified number of clubs, or that specific clubs (including the Platinum Member’s home club) will always participate in the Program. PA reserves the right to create additional privileges, rights, benefits and programs to be made available only to certain benefit levels, from time to time, in its discretion. PA reserves the right to restrict participation in Platinum benefits to only those members of the home club who pay a required minimum “base dues” for their home club membership or to only those members who hold a certain minimum type or category of membership in their home club. For purposes of this Agreement, a “home club” is the private club at which a Platinum Member’s base membership is located. Platinum Members do not hold “memberships” in PA or in the Program. A person or entity may not simultaneously participate at multiple benefit levels. A person or entity cannot participate in the Program, at any benefit level, more than once, regardless of the number of home club memberships such person or entity may own, and/or regardless of the number of different home clubs to which a person or entity may belong. In this context, a “person” includes any spouse or other person entitled to usage of a home club membership titled in the name of another person. PA retains the right, in its sole discretion, to determine whether a Platinum Member is maintaining a “residence” at a particular location or locations. PA may in its discretion restrict the use of program benefits by Platinum Members in certain areas where it deems a “residence” to be maintained, including but not limited to areas where the member owns or maintains vacation properties, second homes, rental properties or other properties that can or may be used as dwellings. PA’s determination as to whether a Member is maintaining a “residence” will be final. Each participating Platinum Member agrees to abide by the rules and regulations of the Platinum Club he or she is visiting. Each Platinum Club reserves the right to refuse access to any person that it deems to have violated or be in violation of any of its rules and regulations or other codes of conduct. Platinum benefits are nontransferable, and may not be offered, assigned or in any way transferred to any other person or entity. PA makes no guarantees or representations regarding the availability of tee times. All tee times are provided on a space available basis only, first come, first serve. Except as otherwise noted herein, all Platinum Members are responsible for payment of charges incurred through usage of their Platinum benefits, including any applicable sales taxes or other surcharges which may apply. Platinum benefits, including complimentary and/or reduced greens fees, are not available as part of a Group Booking. PA may determine in its discretion whether a request constitutes a “Group Booking,” but at a minimum a “Group Booking” is defined as any single booking which requires two or more consecutive tee times at one Platinum Club on the same date. In order to allow third parties to administer and provide Program Benefits described herein, PA must provide those third parties with certain information regarding Program Members. By participating in the Program, each Program Member hereby consents and expressly provides PA with permission to supply to third party vendors all information which each Program Member has previously provided to their respective Home Club. No third party will be permitted to use such information for the purpose of solicitation, unless expressly authorized to do so by individual Program Members. PA will supply only information which the Program Member has already provided to the Home Club, and which is needed to facilitate Program Benefits (as determined by PA in its reasonable discretion). In the event of any claim, dispute or cause of action of any kind arising under or in any way relating to these terms and conditions, or to the participation of any club member in any Program benefit level, the amount of damages suffered by any participating member shall be limited to an amount equal to the amount of upgrade dues paid by that member as consideration for participating in their benefit level, if any, during the twelve months immediately preceding the events giving rise to the cause, claim or dispute. All parties to this agreement agree that damages suffered by an individual participating member under these terms and conditions would be difficult to ascertain with any certainty, and further agree that the above statement of liquidated damages represents a fair resolution of any claims, disputes or causes of action that a participating member may have now or in the future. All parties further agree and understand that PA is an independent entity, solely responsible for the administration of the Program, and no person or entity shall seek to hold any parent, subsidiary or affiliate of PA, Including but not limited to Century, responsible for any obligations or liabilities of PA related to the Program in any way. APPENDIX A Palmer Advantage Travel Program Terms and Conditions INTRODUCTION As a Palmer Advantage Platinum Member in good standing you are eligible to participate in the Palmer Advantage Travel Program (the “Travel Program”) at no cost. The following Terms and Conditions (the “Terms and Conditions”) govern your participation in the Travel Program. The Travel Program is administered and operated by International Cruise & Excursion, Inc., (“ICE”) also doing business as Our Vacation Center (the “Travel Program Administrator”). ICE is a third party vendor, not affiliated with Palmer Advantage LLC (“PA”) or any of its corporate affiliates, owners, members or subsidiaries in any way. Through a separate agreement with PA, ICE has agreed to permit Palmer Advantage Platinum Members in good standing to participate in the Travel Program. The Travel Program is contained and described in these Terms and Conditions, as amended by the Travel Program Administrator from time to time and comprises the terms of a binding contract between Travel Program Administrator and each Palmer Advantage Platinum Member (“Member”) participating in the Travel Program. Palmer Advantage is not a party to or a third party beneficiary of this contract between Travel Program Administrator and Member. Participation in the Travel Program includes the ability to earn and redeem Travel Program Loyalty Credits (“Club Credits”) according to the rules described within these Terms and Conditions. There is no charge for Members to receive Palmer Advantage Travel Program benefits. Platinum Members earn five (5) Credits for every dollar (USD) spent on golf tee times, stay and play packages, cruises, resort or hotel stay purchases, experiential vacations, tours, getaway packages, travel insurance, or car rentals and airline tickets booked through Palmer Advantage Concierge. None of the Membership benefits may be used for any commercial purpose, including rental or sale or barter. LOYALTY PROGRAM • Members can earn Club Credits in the Travel Program by maintaining Palmer Advantage Membership status and by making travel purchases through the Palmer Advantage Concierge. • Members can redeem Club Credits at per reservation increments as partial payment, as identified in the redemption options schedule below. Club Credits do not equate to exact dollar amounts. Cruise Savings are displayed in dollar amounts per stateroom, are based on double occupancy, and are valid on select sailing and stateroom. Non-cruise redemption options savings are displayed in dollar amounts per vacation, regardless of length of stay, valid on select inventory. Other restrictions may apply. • Club Credits have no cash value and are not transferable. All pricing and discounts are in United States Dollars. • Member’s Club Credits will be reinstated in the event of a cancellation by Member, Travel Program Administrator, or a travel provider in accordance with the Cancellations Section above. Member’s Club Credits will not be reinstated in the event of a Member’s termination of the Member’s participation in the Travel Program, or in the event Member ceases to be a Palmer Advantage Member in good standing. • Club Credit redemptions may be combined with Vacation Cash (below). • Club Credits must be redeemed in discrete denominations according to the table immediately below based on membership type. Club Credits earning and redemption options and schedules are also available on-line at www.vacationrewards.com/palmeradvantage or by calling Palmer Advantage Concierge at 866-930-8770 • Club Credits awarded from purchase of a paid membership have a two (2) year expiration term from time of deposit into member's account. Club Credits given complimentary at start of membership or Club Credits earned from travel purchases expire after 2 years. • Palmer Advantage Redemption Options Club Credits Value 35,000 3 or 4 Night Cruise Vacations 50,000 5 Night Cruise Vacation 75,000 7 Night Cruise Vacations Palmer Club Stay & Play Package Redemption Options Club Credits* Value 50,000 Up to $500† 75,000 Up to $750† Palmer Club Tee Time Redemption Options Club Credits* Value 5,000 Up to $50† 10,000 Up to $100† 25,000 Up to $250† Palmer Advantage Resort Redemption Options Club Credits Value 20,000 Bronze Tier Resort Vacation 25,000 Silver Tier Resort Vacation 35,000 Gold Tier Resort Vacation Palmer Advantage Golf Stay and Play packages, Cruise, Resorts & Tour Savings Club Credits Value 2,500 Up to $150 5,000 Up to $300 7,500 Up to $450 10,000 Up to $600 VACATION CASH • Vacation Cash is valued and available as indicated on the Palmer Advantage website inside the Vacation Cash section within Member log-in. Applicable Membership fees must be paid in full before Vacation Cash can be redeemed. Vacation Cash can only be applied to purchase of vacations offered through The Palmer Advantage. Other restrictions may apply. • Vacation Cash can be used toward the purchase of a cruise, resort stay, tour, or hotel stay, but cannot be used to purchase travel insurance, air or car rentals. • Vacation Cash must be applied at time of new booking. Vacation Cash can be combined with Club Credits. • If cancellation of a vacation booked using Vacation Cash occurs within a travel provider’s cancellation penalty, Vacation Cash will be the last funds applied against penalty. If any portion of Vacation Cash remains after payment of such penalty it will be refunded directly into the member’s account. • To apply Vacation Cash to a Palmer Advantage travel purchase, members should call 866-930-8770. • Vacation Cash is not redeemable or refundable upon the cancellation of a vacation. • Palmer Advantage Vacation Cash can be purchased using Club Credits and must be redeemed in the discrete denominations evident in the table immediately below. Palmer Advantage Vacation Cash Club Credits Value 10,000 $100 in Vacation Cash 25,000 $250 in Vacation Cash 50,000 $500 in Vacation Cash 75,000 $750 in Vacation Cash BEST RATE GUARANTEE • If you find a lower rate on another U.S.-based website within 24 hours of booking with us, we will credit or refund to you the difference. • You must contact us within 24 hours after your booking with us to make a claim under the Best Rate Guarantee. The lower rate must be available for booking at the time you contact us, as determined solely by our customer service representatives. All bookings must be made using a valid credit card with a United States or Canadian billing address. • The lower rate must be for an identical booking, as defined in these Terms and Conditions, at our sole discretion. All booking details must exactly match the details of the product you booked with us for example, specific carrier or provider (including class of service), hotel (including room type), cruise line (including ship and cabin category), rental car company and vehicle class, applicable refund policy, dates and times of travel or service, routings (for example, same stopovers), and other booking details including cancellation policies. o For any stand-alone product booking (for example, a hotel room or airline ticket), the comparison must be to the same product purchased stand-alone through the other website (i.e., not part of a hotel + air package booking). Except as otherwise noted below, the Best Price Guarantee only applies to the base cost, and not taxes, service fees and other charges, of stand-alone Flight, Hotel, Resort, Car, and Cruise bookings.
o If your qualifying flight is for a refundable ticket and you later refund the ticket, prior to completing all travel, any refund you receive will be less the qualifying difference already paid. o For all Activities and Vacation Packages/Tours, including Flight + Hotel, Flight + Hotel + Car, Flight + Car, Hotel + Car, and Hotel + Activities packages, taxes, service fees and other charges are included in determining whether you have found a lower rate. o For Cruises, the Best Rate Guarantee applies only to the cost of the cruise, including port charges. The cost of additional items in your cruise booking, such as 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 Best Rate Guarantee, and shall not be considered in determining whether you have found a lower rate. To qualify for the Best Price Guarantee on a cruise booking, you must have either paid in full or paid a non-refundable deposit on the booking. If you have made a non-refundable deposit, then any credit under the Best Price Guarantee will be applied toward the outstanding balance due for your booked cruise. o The Best Price Guarantee is not available for bookings on websites where the carrier, property, rental car company, itinerary or similar booking details are unknown until after the purchase. o You must meet all requirements imposed on the lower rate (if any) including, without limitation, residency, regional and age-related requirements. o The lower rate must be quoted and booked in U.S. dollars (without reference to currency converters). o Lower rates do not include errors or mistakes. • The Best Price Guarantee applies only to prices both advertised and available to the general public on an English-language website. For example, this does not include rates offered on other membership program websites, corporate discounts or rates, military rates, group, charter, rewards program, incentive, meeting, convention, consolidator or interline rates, rates obtained via auction or similar process, or rates available only by using a coupon or other promotion not offered to the general public. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received. The rate must be quoted, booked, and paid for in US dollars.
• All requests, including receipts, are subject to our verification. We will not accept screenshots or other purported evidence of a lower rate that cannot be independently confirmed by our staff. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith. • Each member shall be limited to three (3) Best Price Guarantee 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 booking that has an associated Best Price Guarantee claim will result in voiding of the claim. Purchaser will be responsible for any applicable cancellation fees.
• We reserve the right in our sole discretion to modify or discontinue the Best Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under the Best Price Guarantee. No change in the Best Price Guarantee will affect any reward that has already been issued to you. The failure by us to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision. USE OF TRAVEL PROGRAM SERVICES • Members must maintain their Palmer Advantage Membership through the last date of their travel or accommodation. • Travel Program Administrator will apply any reasonable restrictions on Member as required by Travel Program Administrator’s affiliated resorts, cruise lines, tour operators, hotels, and other travel providers. • Resort accommodations may be at a resort in active sales. Members are under no obligation to participate and/or attend any sales presentation or take a tour of the resort. • Information provided to Member about cruises, resorts, experiential vacations, golf and hotels, is based on information obtained from the providers of such. Travel Program Administrator makes reasonable efforts to ensure that information provided by Travel Program Administrator is accurate and complete as of the date such information is published by Travel Program Administrator; however, Travel Program Administrator expressly disclaims any liability for inaccurate, incomplete, or misleading information. • The total number of people occupying any vacation accommodations or participating in any tours confirmed by Travel Program Administrator must not exceed the maximum occupancy set forth in the Travel Program Administrator confirmation; otherwise, the travel provider may refuse access or levy an additional charge to Member and/or Member’s guests. • Members are responsible for the payment of any applicable taxes, fees, and personal expenses including, but not limited to, food and beverage expenses, specialty items, tips, personal services, special facilities charges, telephone calls and internet connectivity, cruise line/resort/hotel, utility charges, security deposits, and other fees or charges levied by the travel service provider. • It is the responsibility of the Member to pay all other fees directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the Member and the provider. Member waives any and all claims against Travel Program Administrator in this regard. • Members and Members’ guests must occupy and use any accommodations booked through Palmer Advantage Concierge in a responsible, careful, and secure manner. Members are responsible for all acts and/or omissions, damage, theft or loss whether caused by Members or Members’ guests. • Any complaints about any accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider. IDENTIFICATION AND CONFIRMATIONS • Members and Members’ guests are responsible for ensuring that all travelers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship or legal residence. • Members and Members’ guests must have a valid visa, passport, or proof of citizenship, proof of legal residency status, and immunization evidence, if any, (as required by the countries being visited) in their possession at the time of travel. This applies to all travelers in Members’ group. Travel Program Administrator assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements. • Vacation Confirmations (“Confirmations”) are valid only if issued in writing by Travel Program Administrator. Member is responsible for verifying all details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying Travel Program Administrator immediately if any information on the Confirmation is incorrect. • Member is responsible for any ancillary charges incurred as a result of changes to any aspect of the Confirmation. Changes may be treated as a cancellation. • If a confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond Travel Program Administrator’s control, Member waives any and all claims against Travel Program Administrator. • In the event that Member or a guest of Member violates these Terms and Conditions, Travel Program Administrator reserves the right to revoke any and all Confirmations, terminate or suspend the Membership of the relevant Member, cancel a Guest Certificate, or deny access to any of the products or services offered in connection with this Membership. Penalties, including forfeiture of deposited monies, may apply. CANCELATIONS • Travel Program Administrator reserves the right to cancel a confirmed vacation, cancel any purchased products, cancel a request, or otherwise deny Membership benefits of any Member whose payment is rejected by the Member’s bank or credit card company. A service fee and/or loss of Deposit will apply. • Members must cancel Confirmations by calling Palmer Advantage Concierge at 866-930-8770 or in writing at 15501 North Dial Boulevard, Scottsdale, Arizona, 85260-1615. Cancellation will be effective on the date of receipt by Travel Program Administrator. Changes to a Confirmation may be considered a cancellation subject to re-booking and additional changes or cancellation fees may apply. • All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any deposits. Your Palmer Advantage Concierge will explain the deposit requirements and booking fees, if any, and the payment schedules, refund-ability, and cancellation policies upon booking a particular cruise, resort vacation, experiential vacation, tour, hotel, or car reservation. GENERAL • Members hereby permit their telephone conversations with the Palmer Advantage Concierge to be tape-recorded and/or monitored for training and quality control purposes. • A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards. • If Members and Members’ guests should incur loss or damages through use of any benefit under the Travel Program, Travel Program Administrator’s liability for such loss or damage will be limited to the injured party’s fees paid for the vacation in which such loss or damage occurred, and in no event will Travel Program Administrator be liable for special, consequential or punitive damages. • This limitation of liability shall also apply to all participating companies, servants and agents of Travel Program Administrator, specifically including but not limited to Palmer Advantage, LLC and its affiliates, agents, employees, successors and assigns. • In no event will Travel Program Administrator be liable for any negligent or intentional action or failure to act, or for any injuries or losses arising from the accommodations of any resort, hotel, cruise, experiential vacation, or tour provider or from any other travel related product or service provided to Member directly. • These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating vacations may be changed from time to time by Travel Program Administrator. Current Terms and Conditions benefits, and procedures can be reviewed online at www.palmeradvantagetravel.com, which shall supersede all prior Travel Program Terms and Conditions. • Travel Programs and services offered through Travel Program Administrator or by third parties with the permission of Travel Program Administrator are subject to separate Terms and Conditions and may be changed or eliminated without prior notice. • Failure to comply with these Terms and Conditions or failure to pay any sums owed to Travel Program Administrator may result in the suspension or termination of Member’s participation in the Travel Program and any accumulated Palmer Advantage Travel benefits without further obligation. • If suspension is based upon non-payment, Member’s participation in the Travel Program and ability to utilize any Palmer Advantage Travel benefits will remain suspended until all sums that are owed are paid in full and will not be extended beyond its original expiration date. • These Terms and Conditions and the Travel Program 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 vacationing with the Member or traveling by way of a Guest Certificate, to seek any remedy against Travel Program Administrator or its associated entities 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 Travel Program Administrator prevails, that Member or Member’s guest shall pay all costs incurred by Travel Program Administrator in defending such action, including reasonable attorney’s fees. • Palmer Advantage Travel and Our Vacation Center are fictitious names used by the ICE, a Delaware corporation with its principal place of business at 15501 North Dial Boulevard, Scottsdale, Arizona, 85260-1615. • Our Vacation Center is a trademark of ICE which may not be used without the prior written permission from ICE. Other brand names may be trademarks of their respective owners. • By using the Travel Program in any way, Member, on behalf of Member and any other person entitled to utilize Member’s Travel Program benefits, or entitled to claim through or under Member, hereby agrees and acknowledges that Palmer Advantage does not administer or provide any benefits or services described herein, and is not responsible in any way for the acts or omissions of the Travel Program Administrator. • Palmer Advantage has acted only in the capacity of making arrangements with ICE to permit Member’s to participate in the Travel Program, which is in all ways and for all purposes designed, serviced and administered by ICE. Palmer Advantage has further arranged for Members to communicate with ICE via the Palmer Advantage Concierge, as a convenience for its Members. • Member hereby waives and releases any claims, actions, causes or action or other complaints against Palmer Advantage and its affiliates, employees, agents, successors and assigns, arising in any way directly or indirectly from the acts of ICE or any of its affiliated entities with relation to Member’s participation in the Travel Program. |