TERMS AND CONDITIONS
These HAPPINESS ASSURANCE Membership Terms and Conditions (“Agreement”) between HAPPINESS ASSURANCE and you, the person who will become or is a HAPPINESS ASSURANCE member (“you,” “your” or “yours”), describe the terms under which you may use the HAPPINESS ASSURANCE vacation programs (the “Vacation Programs”) described in Exhibit A and enrolled as described below (the “Happiness Assurance Programs” and/or use the website www.HappinessAssurance.com (“Website”). Your use of the Services and/or the Website constitutes your acceptance of the terms of this Agreement.
1. Becoming a Happiness Assurance Member To become a Happiness Assurance member and to receive the Services, you must, in the course of the enrollment process, provide certain fully accurate personal information as Happiness Assurance may reasonably require for the applicable Services, including without limitation your name, address, telephone number, email address, date of birth, driver’s license number, and other personal information to verify your identity, (collectively, “Personal Information”). You may enroll (i) by telephone, (ii) at the Website or (iii) by authorizing a third-party partner of Happiness Assurance to provide your Personal Information on your behalf, as applicable (collectively, the “Enrollment Process”). You agree to keep all Personal Information updated and accurate. Upon completion of the Enrollment Process and payment to Happiness Assurance of the proper fees in full (either directly by you or indirectly through a third-party partner of Happiness Assurance) for the level of Services for which you enrolled, as applicable, you will become eligible to receive such Services. A current selection of the various levels of vacation Programs and any additional terms applicable to any such vacation Program is located in EXHIBIT A (SERVICES) to this Agreement which is hereby incorporated into this Agreement by reference. You must enroll in the level of Vacation Program as part of the Enrollment Process, unless such Vacation Program level is predetermined pursuant to the terms of the offering made available to you by the third-party partner of Happiness Assurance or by the promotional offer used at the time of your enrollment.
YOU UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THIS AGREEMENT AND COMPLETE THE ENROLLMENT PROCESS FOR THE SERVICES TO BE ACTIVATED.
2. Payment You agree that you will make any required payments on a timely basis for the Services on a monthly or annual basis (as determined by you when you enroll or if applicable, as determined by the third-party partner). In the case of direct payment, you authorize Happiness Assurance to: (a) charge your credit or debit card;(b) automatically charge your credit card or bank account on a monthly or annual basis for your recurring monthly or annual Membership renewals, as applicable; and (c) obtain automatic updates for any expiring credit cards you have provided Happiness Assurance. If your payments are more than 15 days past due, your total annual enrollment price will be adjusted to current published price, and the total paid within 10 days. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise.
3. Term The term of this Agreement will continue until terminated by you or Happiness Assurance may terminate this Agreement at any time upon notice to you with or without cause. If Happiness Assurance terminates this Agreement without cause, Happiness Assurance will promptly refund to you a pro-rata portion of any fees you have already paid directly to Happiness Assurance for the Services that have yet to be provided; however, any fees paid indirectly by you through a third-party partner of Happiness Assurance or fees paid on your behalf by a third-party partner of Happiness Assurance will not be refunded to you by Happiness Assurance. You may terminate this Agreement at any time upon written notice to Happiness Assurance (or, if you obtained your membership through a third-party partner of Happiness Assurance, upon notice to such third-party partner) with or without cause. All fees paid by you are non-refundable. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by Happiness Assurance from time to time.
Disclaimer IN NO EVENT SHALL HAPPINESS ASSURANCE BE LIABLE TO YOU OR ANY PARTY YOU ENROLL OR CAUSE TO BE ENROLLED FOR SERVICES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. OTHER THAN PURSUANT TO THE SERVICE GUARANTEE, IN NO EVENT SHALL THE
TOTAL LIABILITY OF HAPPINESS ASSURANCE UNDER THIS AGREEMENT OR REGARDING THE SERVICES EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO HAPPINESS ASSURANCE FOR SERVICES. Some jurisdictions do not allow certain limitations of damages, so the foregoing may not apply to you.
Jurisdiction This Agreement and any Service provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States.
General Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior written permission of Happiness Assurance. Any purported assignment without such permission shall be void. Any waiver of any rights of Happiness Assurance under this Agreement must be in writing, signed by Happiness Assurance, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Services and the Website shall at all times comply with all applicable laws, rules, and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. You will indemnify and hold Happiness Assurance (and Happiness Assurance’s officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party. You will, with limited exception, be required to submit claims you have against Happiness Assurance to binding and final arbitration. (1) you will only be permitted to pursue claims against Happiness Assurance on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. This Agreement is solely and exclusively between you and Happiness Assurance and you acknowledge and agree that (i) no third-party partner of Happiness Assurance is a party to this Agreement, and (ii) no third-party partner of Happiness Assurance has any obligations or duties to you under this Agreement.
8. Travel Service Limitation of Liability
Happiness Assurance is acting solely as an intermediary facilitating the booking of travel products and services provided by hotel, resorts or other travel service providers (collectively, “Travel Suppliers”) in providing travel services, or in accepting reservations or bookings for such services to be provided to you. Happiness Assurance does not assume liability for any injury, damage, death, loss, accident or delay due to any fault, act of negligence, omission or default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or other causes. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority or entity other than Happiness Assurance. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.
8.1 All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party;
8.2 The name and exact address of the hotel or resort are not shown until after final payment has been made.
8.3 Once you book, your credit card will be charged for the balance of the amount outstanding even if you do not use the booking.
8.4 Room type will be determined by the hotel or resort based on the number of guests provided at time of enrollment. All reservations are booked for stays in non-smoking rooms (subject to availability).
8.5 Hotel and resort room assignments are determined at check-in and upgrades are not available;
8.6 All hotel and resort rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
8.7 Bookings made through Happiness Assurance are not eligible for hotel reward or club programs;
8.8 Minimum age requirement for checking into a hotel or resort is 21;
Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted;
No Warranties Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through Happiness Assurance are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through Happiness Assurance;
(iii) regarding the availability of products and/or services through Happiness Assurance, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAPPINESS ASSURANCE AND THEIR RESPECTIVE PROVIDERS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF HAPPINESS ASSURANCE VACATION PROGRAM OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, Happiness Assurance accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond Happiness Assurance control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. Happiness Assurance shall not be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall Happiness Assurance be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through Happiness Assurance. Happiness Assurance shall not be responsible for any Provider’s failure to comply with these Terms and Conditions, nor for any Provider’s failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If, despite the limitation above, Happiness Assurance or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Happiness Assurance or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of the fee or charge you paid to Happiness Assurance. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
The limitations of liability provided in these terms inure to the benefit of Happiness Assurance and/or their respective Providers. Some jurisdictions do not allow certain limitations of damages, so the foregoing may not apply to you.
EXHIBIT A – SERVICES
The Happiness Assurance Vacation Program:
Once your account is fully paid, Happiness Assurance will provide you through its affiliates, with 7 nights lodging in a one bedroom villa or suite (sleeps 4) or two bedrooms villa or suite (sleeps 6).
You must provide your unique ID Number when booking a reservation. The name presented at check-in must match your account Number.
Participating properties are subject to change without notice and are subject to availability. All confirmations are final; surcharges may apply for any changes. Happiness Assurance will make every effort to accommodate your requested location and date but may provide an alternative date or location where necessary, with a maximum of three vacation options.
Guests are required to establish credit for incidental charges. Advance deposit may be required.
The reservation is for lodging only and does not cover transport or any food, beverage, parking, non-room related service charges, resort fees, gratuities, taxes or incidental expenses of any kind.
The reservation cannot be used during hotel or resort special events. It may not be applied toward convention, catering, group and/or tour programs and cannot be used in conjunction with any other certificate.
The reservation is based on general availability. Seasonal restrictions may apply.
The reservation is not transferable or redeemable for cash. NO CHANGE OR CREDIT WILL BE GIVEN on any unused portion of this booking.
The reservation is void and will not be honored if sold for cash or other consideration or auctioned on the internet.
Any tax liability, including disclosure connected with the receipt or use of this reservation is solely the recipient’s responsibility.
The reservation is the property of Ampro Vacations Inc. and has no cash value.
The Reservation may not be valid where prohibited or restricted by law.
Hotels and resorts points cannot be earned with this reservation.
The reservation is deemed purchased from and sold from Irvine, California, USA.
All locations have seasonal restrictions 12/14-1/1.
Any disputes relating in any way to this reservation shall be adjudicated in the courts of California, applying California law.
This reservation is not replaceable if lost, stolen, destroyed or expired. The expiration date is one year after receipt of full payment and cannot be modified or extended. Nights of stay must occur on or before the expiration date.