This vacation package is valid for residents of the United States and Canada. The
purchaser of this vacation is
entitled to a Poconos area vacation for two adults and up to two children in the same
room and includes three
nights’ accommodation at Pocono Mountain Villas. In the event the accommodation is
not available at our
partner resort, you will be offered alternative hotel accommodation rated 3 stars or
higher such as Ramada, Days
Inn, Travelodge or similar. This offer includes a bonus of a 3 or 4-Night Cruise
Vacation for two adults
upon staying at the hotel and attending a required presentation described below in more
detail. Travel must be
completed within 12 months of the purchase date of the vacation. The promoter of this
vacation is VacationVIP,
LLC located at 5900 Lake Ellenor Drive Suite 300 Orlando, FL 32809. Vacation
reservations are processed and
confirmed by our resort partners, Exploria Resorts. VacationGurus is a registered
Seller of Travel Florida
No. ST 44476. VacationGurus can be reached via 1-855-34
GURUS (1-855-344-8787)
(Mon-Fri 9:00 am – 5:00 pm ET). The verifiable retail value of this promotional
vacation based on February
2026 travel is up to $728 based on applicable hotel taxes and Resort fees per published
rates and online travel
agency rates published on the Internet for the applicable accommodations in the Poconos.
The verifiable retail
value of the bonus vacation certificate is up to $1575. The verifiable retail value of
the entire vacation
package is up to $2303 depending upon time of year. All Hotels require valid photo
identification and a valid
major credit or debit card upon check-in to cover the cost of incidental charges such as
meals, gratuities,
hotel taxes, resort fees and parking which are not included and are itemized below
(pre-Paid debit
cards are not accepted). Hotel room taxes of approximately $12 to $32
per night (depending on
hotel, day of the week, and time of year) are payable directly to the hotel upon
check-in at the hotel.
Resort Fees and Parking of approximately $15 to $35 per day plus tax are payable
directly to the hotel
upon check-in. All fees charged and/or credit card preauthorization’s by the hotel
are subject to change
at the hotel’s discretion.
RESERVATIONS
You may complete your reservation request form online or contact our Reservation
partner, Exploria Resorts at
1-877-201-6133 (Mon-Fri 9:00 am – 8:00 pm ET). Check-ins are available seven days
per week on a
space-available basis and are subject to VacationGurus hotel allotments. Please provide
a minimum of 30
days’ advance notice prior to your requested check-in date as certain days of the
week and times of the
year sell out quickly and become extremely limited. Certain times of the year (such as
holidays, peak seasonal
travel dates, large conventions, sporting events, and special events) may be available
for an additional fee.
Please contact Exploria’s Reservations Department for more details at
1-877-201-6133 (Mon-Fri 9:00 am
– 8:00 pm ET). Do not book airline flights or secure travel until you have received
your Confirmed
Itinerary letter from Exploria or alternative partner.
To secure your preferred travel dates and other options you must contact Exploria
Resorts or alternative
partner directly (dates selected at time of purchase are a request of desired check-in
dates and are not secured
at that time). Final confirmation of a reservation is required to avoid penalties from
the resort or hotel
partner. Reservations that are not confirmed may be cancelled and cannot be reinstated
for the same dates.
Please check your travel itinerary for the specific steps you need to follow to confirm
your plans.
RESERVATIONS CHANGES
Changes to a confirmed reservation for this promotional offer are accepted up to 7 days
prior to arrival for a
$250 change fee unless you have purchased the Travel Protection in advance of changing
your arrival dates. Any
changes to a hotel reservation within 4 days of arrival, no Shows to the hotel or
failure to attend the
presentation in its entirety will result in forfeiture of the vacation package and all
monies paid plus a charge
of $500 to offset the retail rate of accommodations.
ELIGIBILITY
To be eligible to participate in this promotional offer, adult couples or singles must
meet the following
qualifications: be employed full-time with a minimum, annual gross household income of
$60,000 or retired and if
retired, must be 55 years of age or older. All participants must be creditworthy and
carry an active major
credit card or debit card (pre-paid debit cards are not acceptable). Participants
must speak English
fluently. Additionally, if married or cohabiting, one traveler must be at least 28 years
of age and are required
to travel and attend the entire presentation together. Married and Cohabiting couples
must have provide matching
valid government issued identification with the same address. Single women must be at
least 30 years of age,
provide a valid government issued identification and meet the qualifications listed
above. Attendance at a sales
presentation on the benefits of a discounted Vacation Membership Program, lasting
approximately 90 to 120
minutes, (depending upon your level of interest) is required. Minimum credit
qualifications must be met to stay
at the advertised accommodations. Alternative accommodation may be offered for those
that do not meet the
minimum qualifications as outlined above and require a $150.00 Save The Date refundable
deposit collected at the
time of booking. This Pocono vacation is fully transferable to another party that meets
the qualifications with
payment of a $100.00 transfer fee.
This offer may not be combined or used in conjunction with any other offer provided by
the promoter, or its
affiliates. This offer is limited to one vacation per household/family within or outside
of the same residence and
is not valid for more than one couple traveling together, groups traveling together,
family reunions, two or
more families traveling together, or for anyone attending a convention or conference.
Those who violate the
previously mentioned group policy will only be eligible to attend one presentation
together regardless of the
number of vacation packages being used. Those who do not attend the presentation in its
entirety will forfeit
all monies collected and will be charged the retail value of the accommodation and
amenities.
BONUS GIFT
This promotional offer includes a bonus vacation certificate for a complementary 3- or
4-night Caribbean
Cruise. This certificate will be issued to the contact information provided at the
time of sale via email
& text upon completion of your initial vacation & attendance at the required sales
presentation in its
entirety. See Certificate for complete terms and conditions. Reservations are
completed by GOCRV who can be
reached by calling 954-525-1777, Monday – Friday 9:30am-5pm ET, once you have
received and registered your
cruise certificate.
PICK YOUR PARADISE
This optional vacation includes 4-nights of hotel accommodation for 2 adults and up to
2 children with your
choice from 30 Domestic destinations & 10 International destinations. This
vacation is valid for use
for 12 months. The Pick Your Paradise Vacation certificate will be issued to the contact
information provided at
the time of sale for your original promotional offer via email & text. Reservations are
completed by GOCRV
who can be reached by calling 954-525-1777 once you have received and registered your
vacation certificate.
ADDITIONAL TERMS
The following people are not eligible for this promotional offer: employees of any
fractional resort, vacation
ownership company, vacation club, or any hotel brand affiliated with a timeshare brand or
a vacation club, or an
agent, or a family member of an employee or an agent, of the promoter or any of its
affiliates or vendors.
Full-time students are not eligible. The Reservation partners & Seller acts as
independent agents for hotels
and all other services supplied as part of this vacation package and shall not be liable
for any loss,
cancellation costs, delays, irregularities, accidents, injuries, damage to persons or
property, indirect,
incidental, special or consequential damages, arising from, or in conjunction with, any
of these services. The
Reservation partners & Seller will not assume any responsibility and shall not be liable
for delays,
cancellations, or interruptions due to nature, strikes, Acts of God, acts of war or
terrorism, and other acts
beyond its control. This promotion will be offered throughout the U.S.; however, it is
void where prohibited by
law and where state regulation and/or licensing requirements have not been met.
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE
DATE OF PURCHASE. IF YOU
DECIDE TO CANCEL, YOU MUST CONTACT THE SELLER; VacationGurus AT 855-344-8787, AVAILABE
MONDAY – FRIDAY
FROM 9:00 am – 5pm ET. NO PURCHASER SHALL RELY UPON REPRESENTATIONS OTHER THAN
THOSE INCLUDED IN THIS
CONTRACT. THIS CONTRACT IS FOR THE PURCHASE OF A DISCOUNTED VACATION OFFER AND PUTS ALL
ASSIGNEES ON NOTICE OF
THE CONSUMER’S RIGHT TO CANCEL UNDER SECTION 559.933, FLORIDA STATUTES.
To view the VacationGurus Privacy Policy click below
MANDATORY ARBITRATION/CLASS-ACTION WAIVER PROVISION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. You have the right to opt out of this Agreement if you follow the instructions
set out in the paragraph
titled “You Have the Right to Reject Arbitration or Opt Out of Arbitration”
below.
EXCEPT WHERE PROHIBITED BY LAW, IN THE EVENT OF A DISPUTE OR CLAIMS BETWEEN YOU AND
Sunstate Client Services
dba VacationGurus, A FLORIDA CORPORATION (HEREINAFTER “US”,
“OUR”,
“VacationGurus” OR “WE” AS APPROPRIATE) INCLUDING BUT NOT
LIMITED TO ANY ARISING OUT OF
OR RELATING TO (I) THIS ACCOUNT; (II) THE RELATIONSHIPS RESULTING FROM THIS ACCOUNT;
(III) ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU AND US; (IV) THE PRIVACY POLICY; (V) THE TERMS AND CONDITIONS;
(VI) ANY TELEMARKETING
OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT LIMITED TO SMS//MMS/TEXT MESSAGES) YOU CLAIM
TO HAVE RECEIVED FROM
US OR ONE OF OUR PARTNERS; (VII) ANY E-MAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF
OUR PARTNERS; (VIII)
YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS OR OUR PARTNERS; OR (IX) ANY OFFERS OR
PROMOTIONS; (X) ANY
APPLICATIONS OR SUBMISSIONS OR (XI) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US (
HEREINAFTER COLLECTIVELY
KNOWN AS "CLAIM"), YOU AGREE THAT ANY CLAIM(S) YOU HAVE IN THE FUTURE MUST BE RESOLVED
THROUGH FINAL
AND BINDING CONFIDENTIAL ARBITRATION, AS DESCRIBED BELOW, INSTEAD OF IN COURT. ANY CLAIM
(EXCEPT FOR A CLAIM
CHALLENGING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING THE
CLASS ACTION WAIVER)
MUST BE RESOLVED THROUGH BINDING CONFIDENTIAL ARBITRATION. THIS MEANS NEITHER PARTY
SHALL HAVE THE RIGHT TO
LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND YOU VOLUNTARILY, AND KNOWINGLY
ACKNOWLEDGE AND AGREE
THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE
RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT, SUCH AS DISCOVERY RIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED IN
ARBITRATION
OR MAY NOT EXIST. This section applies regardless of
whether such claims are
based in contract, tort, statute, fraud, unfair competition, misrepresentation or any
other legal theory.
CLASS ACTION WAIVER: YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING THAT
ARBITRATION MUST BE ON AN
INDIVIDUAL BASIS AND IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING(S). THIS MEANS NEITHER YOU NOR WE MAY
JOIN OR CONSOLIDATE
CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, COMPANIES, INDIVIDUALS, ANY
OTHER PURPORTED CLASS
MEMBERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A
CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OR CLAIMS OR
OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award injunctive relief 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. If a court decides that applicable law precludes enforcement of any of
this paragraph’s
limitations as to a particular claim for relief, then after all appeals from that
decision have been exhausted,
that claim (and only that claim) must be severed from the arbitration and may be brought
in court. Only a court,
and not an arbitrator, shall determine the validity, scope, and effect of the Class
Action
Waiver.
Your Right to Go To Small Claims
Court: You may choose to
pursue your dispute or claim in small claims court (or your state’s equivalent
court) rather than by
Arbitration if your dispute or Claim qualifies for small claims court for the entirety of
the proceeding. Such a
small court dispute or Claim must be brought in a location where jurisdiction and venue
over you and
VacationGurus is proper. However, if such a dispute or Claim is transferred, removed or
appealed to a different
court, we may then demand/transfer the dispute or Claim to Arbitration pursuant to the
terms of this Agreement.
Additionally, any such small claims court claim shall be brought and maintained only as
an individual action and
shall not be joined or consolidated with any class or other representative
action.
Any attempt to maintain a small claims court action as a non-individual action shall
result in the immediate
dismissal of the action, and you shall be liable to pay our reasonable attorney’s
fees and costs in
connection with securing the dismissal of any such action.
Governing Law and Rules: This arbitration agreement is governed by the Federal
Arbitration Act (FAA).
Arbitration must proceed only with JAMS. The rules for the arbitration will be those in
this arbitration
agreement and the procedures of the chosen arbitration organization, but the rules in
this arbitration agreement
will be followed if there is disagreement between the agreement and the
organization’s procedures. If the
organization’s procedures change after the claim is filed, the procedures in effect
when the claim was filed
will apply.
Arbitration may be conducted through the submission of documents, by phone, or in
person in the county where
you live or at another mutually agreed location. The arbitrator shall follow the
substantive laws of the State
of Florida, excluding its conflict of law provisions unless we agree that the substantive
law of the State in
which you reside may be followed and applied. Any award rendered shall include a
confidential written opinion and
shall be final, subject to appeal under the FAA. Judgment on the award rendered by the
arbitrator may be entered
in any court of competent jurisdiction. For a copy of each organization’s
procedures, to file a claim or
for other information, please contact:
-
JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone
1-800-352-5267).
If JAMS is completely unavailable, and if you and we cannot agree on a substitute, then
either you or we may
request that a court with jurisdiction appoint a substitute arbitration
company/arbitrator.
YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION,
PRIVATE ATTORNEY GENERAL
ACTION OR COLLECTIVE ARBITRATION, EVEN IF PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE.
THE ARBITRATOR MAY
AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
OF THAT PARTY’S
INDIVIDUAL CLAIM.
Fees and Costs: If you wish to begin arbitration against us but you cannot afford to
pay the organizations or
arbitrator’s costs, we will advance those costs if you ask us in writing. Any
request like this should be
sent to Sunstate Client Services dba VacationGurus, Attn: Legal Department, 725 West SR
434 Suite G, Longwood
Fla 32750. If you lose the arbitration, the arbitrator will decide whether you must
reimburse us for the money
we advanced for you for the arbitration. If you win the arbitration, we will not ask for
reimbursement of the
money we advanced. Additionally, if you win the arbitration, the arbitrator may decide
that you are entitled to
be reimbursed for your reasonable attorneys’ fees and costs (if actually paid by
you). The parties shall
each pay their own additional fees, costs, and expenses, including, but not limited to,
those for any attorneys,
experts, documents, and witnesses.
Hearings and Decisions: Arbitration hearings will take place in the federal judicial
district where you live. A
single arbitrator will be appointed. The arbitrator must:
-
Follow all applicable substantive law, except when contradicted by the
FAA;
-
Follow applicable statutes of limitations.
-
Honor valid claims of privilege.
-
Issue a written decision including the reasons for the award.
The arbitrator’s decision will be final and binding except for any review allowed
by the FAA. However, if
more than $100,000 was genuinely in dispute, then either you or we may choose to appeal
to a new panel of three
arbitrators. The appellate panel is completely free to accept or reject the entire
original award or any part of
it. The appeal must be filed with the arbitration organization not later than 30 days
after the original award is
issued. The appealing party pays all appellate costs unless the appellate panel
determines otherwise as part of
its award.
Claim Notice and Special Payment: If you have a Claim, before initiating an arbitration
proceeding, you may
give us written notice of the Claim ("Claim Notice") at least 30 days before initiating
the
arbitration proceeding. The Claim Notice must include your name, address, phone number
and account number (if
applicable) and explain in reasonable detail the nature of the Claim and any supporting
facts. Any Claim Notice
shall be sent to us at Sunstate Client Services dba VacationGurus Attn: Legal
Department, 725 West SR 434 Suite
G, Longwood Fla 32750 (or such other address as we shall subsequently provide to you).
If we provide you with a
final written settlement offer and you don't accept it, or we can't otherwise
satisfactorily resolve
your dispute, you must submit your dispute for resolution by arbitration as outlined
above and in accordance
with the arbitration organizations procedures. If, and only if, (1) you submit a Claim
Notice in accordance with
this Agreement on your own behalf (and not on behalf of any other party); and (2) an
arbitrator, after finding in
your favor in any respect on the merits of your claim, issues you an award that
(excluding any arbitration fees
or attorneys’ fees and costs awarded by the arbitrator) is greater than the value
of VacationGurus’s
last written settlement offer made before an arbitrator was selected, then you will be
entitled to the amount of
the award or $5,000, whichever is greater. If you are entitled to the $5,000, you will
receive in addition any
arbitration fees or attorneys’ fees and costs awarded by the arbitrator. Any
arbitration award may be
enforced (such as through a judgment) in any court with
jurisdiction.
Other Beneficiaries of this Provision: In addition to you and us, the rights and duties
described in this
arbitration agreement apply to our Affiliates and our and their officers, directors and
employees; any third-party
co-defendant of a claim subject to this arbitration provision; and all joint Account
Holders and Authorized
Users of your Account(s) or relationship between us and you, including assignees. YOU
AND WE AGREE NOT TO BRING
OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR
COLLECTIVE ARBITRATION,
EVEN IF FAA or JAMS PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY
AWARD RELIEF ONLY IN FAVOR
OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S
INDIVIDUAL CLAIM.
Survival of this Provision: This arbitration provision shall survive:
-
closing of your Account;
-
voluntary payment of your Account or any part of it;
-
any legal proceedings to collect money you owe;
-
any revocation of consent you provide to us;
-
termination of any application or submission you provide to us;
-
your use or attempted use of any websites of our or our partners;
-
any bankruptcy by you; and
-
any sale by us of your Account.
You Have the Right to Reject Arbitration or Opt Out of Arbitration: You may reject the
arbitration agreement
and litigation & class action waiver, but only if we receive from you a written notice
of rejection within
45 days of the following triggering events: (a) after your purchase is initiated; (b)
you consent to the Privacy
Policy or Terms and Conditions; (c) your use or attempted use of any of our or our
partners websites; (d) your
submission of an application (whether partial, incomplete, complete or otherwise) to us;
(e) your submission or
providing express written consent to us to receive e-mail(s), telephone call(s)
(including SMS/MMS/Text
Messages) or to receive any other information from us or our partners; or (f) signing up
for or inquiring about
an offer, deal or promotion from us (the 45 day time starts from whichever of the
triggering events (a through
f) comes first in time). You must send the notice of rejection to: Sunstate Client
Services dba VacationGurus,
Attn: Legal Department, 725 West SR 434 Suite G, Longwood Fla 32750. Your rejection
notice must include your
name, address, phone number, Account number (if applicable), email address and personal
signature. No one else
may sign the rejection notice for you. Your rejection notice also must not be sent with
any other
correspondence. Rejection of arbitration will not affect your other rights or
responsibilities under this
Agreement. If you reject arbitration, neither you nor we will be subject to the
arbitration provisions for this
Account or any Claim or dispute between us and you. Rejection of arbitration for this
Account, or any Claim or
dispute between us and you, will not constitute rejection of any prior or future
arbitration agreement between
you and us. IF MORE THAN FORTY-FIVE (45) DAYS HAVE PASSED FROM THE EARLIEST TRIGGERING
EVENT (listed in this
paragraph under a through f above), YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION
AND YOU MUST PURSUE YOUR
CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.