TAB3PO99RC100B 5.18.23
OFFER
This vacation package is valid for residents of the United States and Canada. The purchaser of this vacation is entitled to a
Poconos vacation for two adults and up to 2 children in the same room and includes three (3) night’s accommodations in the
Poconos Mountains at the Poconos Mountain Villas Resort, Wyndham Shawnee Village or similar (subject to availability) plus a
$100 FOOD, DRINK AND ACTIVITIES CREDIT to be used for onsite food, drinks, amenities, and activities during your stay (see
GIFT section below for details) and a bonus 7-Night Resort Condo Vacation for Two. Travel to the Poconos must be completed
within 12 months of the purchase date. The promoter of this vacation is VacationVIP, LLC located at 6675 Westwood Blvd.
Suite 200 Orlando, FL 32821. Vacation reservations are processed and confirmed by its Reservation partner, Take A Break
Travel, LLC. (TAB), registered Seller of Travel Florida No. ST36769 and California CST 2094932. TAB can be reached via
[email protected] or via phone, at 833-503-2700, Monday through Friday between 9:00 AM and 6:30 PM ET.
If any component of the vacation is not available with our advertised Hotel providers on the purchaser’s travel dates, the
promoter reserves the right to substitute a provider or component of equal or greater value. The verifiable retail value of
accommodations varies by season and dates of travel and ranges from $79 to $186 per night, per room plus applicable hotel
taxes. The approximate retail value of this vacation is up to $668.00, depending on time of year traveled. 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, security deposits, resort fees and parking which are not included and are itemized below.
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 $50,000 or retired, if retired must be 55 years of age or
older. All participants must be creditworthy and carry an active major credit, or debit card. Participants must speak English
fluently. Additionally, if married or cohabiting, one traveler must be at least 28 years of age and must travel and attend the
entire presentation together. Married and Cohabiting couples must have matching identification with the same address. Single
women must be at least 30 years of age 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
accommodations may be offered for those that do not meet the minimum credit qualifications. This vacation is fully
transferable to another party that meets the qualifications with payment of a $25.00 transfer fee.
The purchaser may not utilize more than one offer/vacation package fulfilled by TAB within any consecutive three (3) month
period and may not travel back to the same resort within a six (6) month period and/or on more than three (3) occasions. The
purchaser cannot have previously purchased a vacation membership within six (6) months and/or may not have outstanding or
delinquent balances owed to the travel club or resort.
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 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 sales presentation together and will receive one $100 ONSITE FOOD, DRINK AND ACTIVITIES CREDIT and one 7-Night
Resort Condo Vacation regardless of the number of vacation packages being used. Those who do not attend the sales
presentation in its entirety will not receive the $100 ONSITE FOOD, DRINK AND ACTIVITIES CREDIT, the 7-Night Resort Condo
Vacation, will forfeit all monies collected and will be charged the retail value of the accommodations and amenities.
RESERVATIONS
You may complete your reservation request form online or contact our Reservation partner, Take A Break Travel (“TAB”) at
1-833-503-2700 or 954-289-1431 (Mon-Fri 9:00 am – 6:30 pm ET). Check-ins are available Thursday through Monday on a
space available basis and are subject to TAB’s hotel allotments. Please provide a minimum of 10 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, large conventions, sporting events, and special events) may be available at an
additional fee. Please contact the Reservations Department for more details. Do not book airline flights until you have
received your final confirmation letter from TAB. Changes to a confirmed reservation are accepted up to 5 days prior to a
confirmed arrival for a $25 change fee. Any changes to a hotel reservation within 4 days of arrival, failure to check in to the
Welcome Center prior to Hotel Check-in, No Shows to the hotel or failure to attend the travel membership presentation in its
entirety will result in forfeiture of the vacation package and a forfeiture of all monies including the FOOD, DRINK, AND
ACTIVITIES CREDIT and the bonus 7-Night Resort Condo Vacation.
Approximately 60 days prior to your arrival you will receive a text requesting you to contact TAB to complete the verification of
eligibility of your account. Failure to contact TAB within 15 business days of your arrival will result in cancellation of your
reservation and it will not be eligible for reinstatement. In addition, 14 days prior to your arrival you will receive an email, text
and/or phone call to contact TAB to complete your final confirmation of your arrival. Failure to respond within 5 days of your
arrival date will result in your vacation package being canceled and will not be eligible for reinstatement.
Hotel room taxes of approximately $12-$24 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 of approximately $15 to $25 per day plus tax are payable directly
to the hotel upon check-in. Any parking fees that may or may not be imposed by the hotel are payable directly to the hotel at
each property’s published rates. All fees charged and/or credit card preauthorization’s by the hotel are subject to change at
the hotel’s discretion. A $49.00 Refundable Reservation Deposit will be charged at the time of booking to guarantee your
arrival. Deposits will be refunded in full upon completion of your required presentation in its entirety, in the form of gifting to
be used towards activities in your area of travel.
GIFT
The $100 FOOD, DRINK, AND ACTIVITIES CREDIT is to be used during your stay for onsite amenities and activities that include
but are not limited to dining and drinks (inclusive of alcoholic beverages), Resort Incidentals or other onsite activities and is
based on availability and subject to change at the resort/hotel’s discretion without notice. The FOOD, DRINK AND ACTIVITES
CREDIT EXCLUDES Taxes, Room Tax, Resort Fees, extra Room nights or upgrades, Rental reservations, Horseback Riding, Golf,
or Paintball and is not valid for any food, drink activities, tickets, transportation, or other services that do not take place at the
resort. Must be 21 years of age or older to include any alcohol. Once you have chosen your food, drink, incidental, and
activities, apply them to your Room Folio and the credit will be issued to your Room Folio at checkout. The FOOD, DRINK, AND
ACTIVITIES CREDIT is not redeemable for cash and has no cash back value. There will be no refunds for any unused credit nor
for any unused or cancelled activities. If accommodations are altered due to availability the FOOD, DRINK, AND ACTIVITIES
CREDIT will be replaced with a $100 voucher good toward the retail value of area amenities and/or attractions. The Bonus
Vacation includes 7-night accommodations in a resort condominium at a destination of your choice throughout the US,
Canada, Caribbean, or Mexico. Availability is limited during peak seasons and vary by location. Preferred dates must be at
least 45 days in advance with a minimum of 30 days. The bonus vacation requires payment of government taxes, carrier and
agency-imposed fees starting at $15 per night per traveler. Additional resort fees may be due at check-in which are charged
and collected by the resort at the time of check-in. A $150 refundable deposit will be collected at the time of booking.
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 partner acts as an agent 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
partner 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.
Take A Break Travel is registered as a Seller of Travel in the following states: Florida Registration No. ST36769; California
Registration No. CST 2094932.
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF
PURCHASE OR RECEIPT OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS
CONTRACT IF ACCOMMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN
THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY
RETURNING THE CERTIFICATE AND SENDING NOTICE TO: TABT VACATION VIP AT 6400 NORTH ANDREWS AVE, STE 340,
FORT LAUDERDALE, FL 33309. NO PURCHASER SHALL RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS
CONTRACT. THIS CONTRACT IS FOR THE PURCHASE OF A VACATION CERTIFICATE AND PUTS ALL ASSIGNEES ON NOTICE OF
THE CONSUMER’S RIGHT TO CANCEL UNDER SECTION 559.933, FLORIDA STATUTES.
The purpose of this promotional offer is to present and offer the benefits of discounted travel membership.
MANDATORY ARBITRATION 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 TAKE A BREAK TRAVEL LLC.,
A FLORIDA CORPORATION (HEREINAFTER “US”, “OUR”, “TABT” 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 DISCOVERYRIGHTS 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 TABT
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 the American Arbitration Association (AAA) or 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:
- AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org
phone 1-877-495-4185) or
- JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267).
If both AAA and JAMS are 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 AAA’S 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 Take a Break Travel, LLC., Attn: Legal
Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309. 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 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 Take a Break Travel, LLC., Attn: Legal Department, 6400 N.
Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309 (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
TABT’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 Accountholders and Authorized Users of your Account(s) or relationship between us and you.
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 AAA’S 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: Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite
340, Fort Lauderdale, Florida 33309. 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 THIRTY (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.