Terms of Service

Hello VacayWellness family, thank you for taking the time to read our terms of service (the “Terms”).

These Terms are important as they, together with your booking confirmation email (the “Booking Confirmation”), set out the legal terms on which Medical Services & Travel Services are made available to you through our Service. They also cover any interactions or communications you have with us through our Service.

Your use of our Service is conditioned upon your acceptance of these Terms. To book a Medical Service & Travel Service, you must also accept these Terms. If you do not accept these Terms, then please do not use our Service or book a Medical Service & Travel Service.

We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms. We recommend that you save or print a copy of these Terms.

Section 12 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read them carefully.

In these Terms:

“we", “us” or “our” refer to VacayWellness LLC., a Michigan LLC, having its registered office at 24476 Acorn Trail, Novi, MI 48374, which provides our Service

“our Partners” refers to any affiliated, co-branded or linked website through which our Group of Companies provides content or service

“our Service” refers to the provision of our websites, apps and online tools

“Travel Provider” refers to the travel supplier making available the Travel Services to you through our Service

“Medical Provider” refers to the medical services supplier making available the Medical Services to you through our Service

“Travel Services” refers to the travel services made available to you by the relevant Travel Provider(s) through our Service, such as stays at a property, flights, car rental or things to do, etc.

“Medical Services” refers to the medical services made available to you by the relevant Medical Provider(s) through our Service, such as physical exams, blood analyses, diagnostic tests, dental care, etc.

“Medical Travel Agent” refers to the VacayWellness™ employed agent assigned to you after submitting a booking. This agent will be your point of contact for the duration of the Service and the person you will go to with any questions. You will maintain this point of contact through WhatsApp. If there is an emergency during the Service, you will be required to call local authorities.

“you” refers to you, the medical traveler, using our Service or making a booking with our Service.

Please read these Terms carefully.

Section 1 Rules and Restrictions

As well as these Terms, other terms and conditions provided by Medical Providers (such as a hospital's conditions of diagnostic testing, treatment, property usage etc.) & Travel Providers (such as an airline’s conditions of carriage, a property’s terms and conditions, or a taxi company’s service agreement, etc.) also apply to your booking (“Rules and Restrictions”).

To make a booking, you must accept the Rules and Restrictions of the Medical Provider & Travel Provider that you select. The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into these Terms.

If you violate a Medical Provider or Travel Provider's Rules and Restrictions, your booking may be canceled and you may be denied access to the relevant Medical Service or Travel Service. You may also lose any money paid for such booking and We may debit your account for any costs we incur or (on behalf of them) costs they incur as a result of such violation.

Section 2 Using our Service

Our rules

We provide our Service to organize Medical Services & Travel Services and to assist you in booking those Medical Services & Travel Services. It is provided to you for no other purpose.

You agree that:

you will only use our Service for personal and non-commercial purposes
you must be at least 18 years of age and have the legal authority to enter into contracts
you will use our Service lawfully and in compliance with these Terms
all information supplied by you is true, accurate, current and complete
if you book on behalf of others:
you will obtain their authorization prior to acting on their behalf
- you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms
- you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.

You also agree not to:

make any false or fraudulent booking
access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process
violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service
take any action that imposes, or may impose, an unreasonable or large load on our infrastructure
deep link to any part of our Service
“frame”, “mirror” or otherwise incorporate any part of our Service into any other website.

Access

We may, acting reasonably, deny anyone access to our Service at any time for any valid reason. We may also make improvements and changes to our Service at any time.

Redirection and third-party booking services

If you are redirected from our Service to a third-party booking service (such as for travel insurance) for additional trip services, please bear in mind that any bookings made through such a booking service will be with the third-party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you.

Section 3 Confirming a booking

Your Booking Confirmation includes the essential elements of your booking, such as the description of the Medical Service(s) & Travel Service(s) booked and the price.

We will send your Booking Confirmation and any relevant travel documents to the email address you provide when you book. If you do not receive your Booking Confirmation within 24 hours of making your booking, please contact us at support@vacaywellness.com

Section 4 Payment

When you pay our Company (which is received on behalf of the Medical Providers and Travel Providers) for our Services, we will act as agent of such Medical Providers and Travel Providers.

Price

The price of the Medical Service(s) Travel Service(s) will be as displayed on the quote you receive from our Service, except in cases of obvious error.

Prices for Medical Services and Travel Services are dynamic and can change at any time. Once you are issued a quote, we guarantee that the specific quote price will remain in place for a 7 day period for you to decide to accept or reject the booking. After 7 days, you will have to be reissued a new quote where the price could be changed. Price changes will not affect bookings already accepted, except in cases of obvious error. We display many Medical Services & Travel Services, and we try hard to ensure that the price on the quote is accurate. We reserve the right to correct any pricing errors on our Service.

If there is an obvious error and you have made a booking, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. We have no obligation to make available Medical Services & Travel Services to you at an incorrect (lower) price even after you have been sent a Booking Confirmation, if the error should reasonably have been apparent to you.

Payment processing

Our Privacy Statement provides information on how we use your payment and account information when you elect for us to store a credit or debit card or other payment method for future use.

Payment verification

You authorize VacayWellness LLC to: verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and on verification, charge your payment method.

Alternative payment methods

We may partner with providers of alternative payment methods (such as consumer finance companies), to provide our customers with alternative payment methods. VacayWellness does not endorse or recommend any alternative payment provider or their products or services. VacayWellness is not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies.

Pay Now

If you select the Pay Now payment option, VacayWellness typically will charge the booking amount to your payment method on booking.

Our company facilitates bookings made available through our Service. You acknowledge that our Company facilitates such bookings for a consideration (the “facilitation fee”). The rates displayed through our Service is a combination of the amount charged by the Medical Provider (for their medical services) or Travel Provider (for their services for the rental of the room or wellness activity) and the facilitation fee (charged and retained by our Company). Our Company may also charge and retain separate service fees as additional compensation in servicing your booking, which may vary based on the amount and type of booking.

You agree that your payment method will be charged by our Company for the total booking amount provided to you prior to booking in the form of a quote. On making your booking request you authorize our Company to facilitate the booking on your behalf, including making payment arrangements with Medical Providers and Travel Providers.

Payment Plan

If you select the payment plan option to finance a Service purchased through our Company, We typically charge your payment method in a series of monthly installments. These installments are interest free. You decide how many installments you want to pay in, but you will only be able to making a booking reservation for a date at least one month after the number of months for your payment plan.

For example:

Jenny wants to book her VWell™ Trip which will cost her $2500. She wants to pay 6 payments for this trip. Jenny will be able to reserve a trip for 7 months after the date that she begins her payment plan.

Plan start: January: $416.66
February: $416.66
March: $416.66
April: $416.66
May: $416.66
Payment plan finished: June: $416.66
July: VWell™ Trip booking reservation can start from here onwards
Upon enrollment of your payment plan, you are required to pay the first installment to secure your booking reservation. If you decide to enroll in a payment plan, you must pay by ACH or bank account transfer.

Refund Policy

Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. Our fees are not refundable unless this is stated otherwise during the booking process.

Your VVWell™ Trip, excluding the flights, has the following refund policy:

4+ weeks before the trip date is 100% refundable
2-4 weeks before trip date is 50%
Less than 2 weeks before trip date is non-refundable

If you would like to request a refund, please contact VacayWellness at support@vacaywellness.com

Trip no-show

If you do not show for your booking, and fail to inform your assigned Medical Travel Agent prior to flight departure of any necessary changes you may need to make, VacayWellness will assume that you are a no-show. Any associated Medical Services and Travel Services We have arranged with our partners will be canceled. Refunds will not be issued, in accordance with our refund policy.

Taxes

The prices displayed on your quote through our Service include, if any, relevant taxes.

Fraud

If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.

If we reasonably conclude that a booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may:

cancel any bookings associated with your name, email address or account
close any associated accounts, and
take legal action, including to seek to hold you liable for any loss.

Please contact us at the following email about the cancellation of a booking or closing of an account: support@vacaywellness.com

Section 5 Cancelling or changing a booking

Cancellation or change by you

Cancellations or changes (with respect to the travel date, destination, medical service, wellness activities) to a booking can be made by contacting us at this email: support@vacaywellness.com

You do not have an automatic right to cancel or change a booking unless allowed by VacayWellness under our Rules and Restrictions (which are provided to you before you make a booking).

Please read the relevant Rules and Restrictions, so you know which terms apply to your booking. For example:

if you book a service with VacayWellness and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Rules and Restrictions
if you do not show up or fail to use some or all of the Medical Travel Services booked, refunds may only be due to you in line with the relevant Rules and Restrictions, and
where a cancellation affects more than one person on a booking (for example, two airline tickets booked on a single itinerary, etc.), any applicable cancellation charge will be applied in respect of each person on the cancelled booking.

Other cancellation or change

We may change or cancel your booking if full payment for the booking or failure to comply with an agreed upon payment plan before booking is not received when due.

For a variety of reasons (hospital is under resource strain or an accommodation is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by us. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance where possible or a refund.

Section 6 Service specific terms

This Section provides details of the terms relevant to the specific Service provided by our Company.

Our Service is offered as part of a Package (as defined in Section 6H (Packages) and is subject to the relevant Rules and Restrictions of the Medical Provider and Travel Provider. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions prevail.

At minimum, when you purchase Our Service, We will organize the Medical Services and domestic transportation to and from the Medical Provider. Customers cannot opt out of this. We also have the capability to organize Travel Services such as Stays, Wellness Activities, and Flights. However, customers have the option to decide if they want Us to organize the additional Travel Services.

A. Accommodations

Our service displays pre-arranged accommodation options for you to choose from. Room rates (including any applicable taxes and fees) are displayed to you when you request a quote from us.

B. Meals

Some meals may be included as part of your booking depending on the accommodation and wellness activities that you choose. Meals are not guaranteed and We will convey to you exactly which meals are included prior to booking. No refunds will be available if one or more meals are not consumed.

C. Flights

If you pay our Company (which is received on behalf of the Travel Provider) for a standalone flight booking, we will act as agent of such Travel Provider. Your contract for the flight is between you and the relevant Travel Provider.

The price and availability of your flight is only guaranteed once our Company has purchased the Travel Service on your behalf and your tickets issued.

Flight contracts

If you elect to have our Company arrange flights within our Service, we will book and pay the airline on your behalf. Your contract for any such booking is with the relevant airline Travel Provider. Our Company is not associated with, or liable in respect of, any such bookings.

Flight terms and conditions

You understand and agree that:

airlines ultimately control their schedules, and they may change or cancel your flight for a variety of reasons (for example, mechanical problems or adverse weather, etc.).
Whenever the airline gives us information about a change or cancellation to your itinerary, we will pass it on to you and help you assess your options.
You should always check the scheduled departure time of your flight before travel
airlines control seating and we do not guarantee the availability of specific seats, even when pre-booked
if you book a roundtrip flight and do not use the outward flight, the airline may cancel the return flight without refund
some airlines impose extra charges for meals, luggage and preferred seat selection, etc. Unless we provide such optional services for booking through our Service then any reference about these extra optional services is not included with our Service and is up to your discretion to purchase in addition to our Service.

Air miles and vouchers

Air miles and vouchers from loyalty programs may not be used when booking flights through our Service.

Operating airlines

Flights booked with one airline are sometimes operated by another airline. When different, details of the operating airline will be sent to you, if you had our Company book flights on your behalf. The airline that issues your ticket will charge you for your flight and will appear on your payment method statement.

No-show or cancellation

In case of a no-show or cancellation, you may be entitled to a refund of airport taxes and fees included in the price of the flight purchased. In this instance, you can request such a refund from us and we will submit your request to the airline on your behalf.

Airline liability

Law, treaties and the airline's own Rules and Restrictions normally limit an airline's liability for death, personal injury and other damages.

D. Domestic Transportation in Location

If you elect to have VacayWellness™ organize domestic transportation at the country you are traveling to, we will arrange all logistics and payment with the appropriate Travel Provider. Should you have any issues, direct inquiries to your assigned VacayWellness™ Medical Travel Agent for the duration of your trip.

E. Wellness Activities

If you elect to have VacayWellness™ organize wellness activities at the country you are traveling to, we will arrange all logistics and payment with the appropriate Travel Provider. Some Travel Providers may require you to sign their liability waiver prior to participating int he Travel Service they offer. If that is the case, VacayWellness™ will communicate these requirements to you after booking a service. Should you have any issues, direct inquiries to your assigned VacayWellness™ Medical Travel Agent for the duration of your trip.

F. Medical Services

We will organize the Medical Services you elect to have with the appropriate Medical Provider in your location of travel. Medical Providers may require you to create an online account and sign waivers in order to receive the service. This is so that they may directly communicate your medical results with you. We guarantee that VacayWellness™ does not see your medical information. Information about accounts, waivers, etc. that Medical Providers may require will be communicated with you after booking. Should you have any issues or questions, direct inquiries to your assigned VacayWellness™ Medical Travel Agent for the duration of your trip and they can help you get in touch with the Medical Provider.

G. Packages

We provide the opportunity for you to customize your booking with separate Medical Services and Travel Services together at the same time through our Service (for example, an accommodation booking and a flight booking) but each Medical Service and Travel Service is subject to its own Rules and Restrictions and these Terms (such a combined booking is a “Package”).

Section 7 International travel

International travel

Although most travel occurs without incident, and our Company takes great care to ensure a safe experience for you, travel to any destination may involve risk. You must review any travel warnings/advice, etc. issued by the relevant governments before you book international travel. You should also monitor such travel warnings/advice during travel and before your return journey to help avoid and minimise any potential disruptions.

Health

You should check the recommended inoculations/vaccinations which may change at any time. You are responsible for ensuring you:

meet all health entry requirements
receive the relevant/required inoculations/vaccinations
take all recommended medication, and
follow all medical advice in relation to your travel.

Passport and visa

You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications. Your assigned Medical Travel Agent can assist you in completing these requirements.

Our Company is not liable if you are refused entry onto a flight or cruise ship (if applicable) or into any country, due to your conduct, including your failure to carry the correct and adequate travel documents required by any Medical Provider or Travel Provider, authority or country (including countries you are transiting through). This includes all stops made by an aircraft, even if you do not leave the aircraft.

Some governments require airlines to provide personal information about all travelers on their aircraft. The data will be collected either at the airport when you check in or in some circumstances when you make your booking. Please contact the relevant airline you are travelling with if you have any questions about this.

Our Company does not represent or warrant that travel to international destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

Section 8 Liability

Our liability

We own and operate our Service and the Medical Providers provide the Medical Services to you while the Travel Providers provide the Travel Services to you.

To the maximum extent permitted by law, our Company will not be liable for:

any such Medical Services that the Medical Providers make available to you and any such Travel Services that the Travel Providers make available to you
for the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers or Medical Providers, or
for any personal injuries, death, property damage or other damages or expenses resulting from the above.

The Medical Providers and Travel Providers provide us with information describing the Medical Services and Travel Services, respectively. This information includes Medical Travel Service details, photos, rates and the relevant Rules and Restrictions, etc. We display some of this information through our Service. The Medical Providers and Travel Providers are responsible for ensuring that such information is accurate, complete and up to date. Our Company will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies. Our Company and our Partners make no guarantees about the availability of specific Medical Services and Travel Services.

Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodations and wellness activities only.

For more information about the content displayed on our Service, please visit the Content Guidelines.

To the maximum extent permitted by law, except as expressly set out in these Terms:

all information, Medical Services and Travel Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and our Company and our Partners disclaim all such warranties and conditions.

Our Company disclaims, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.

To the maximum extent permitted by law and subject to the limitations in these Terms, neither our Company nor our Partners will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:

the Travel Services,
The Medical Services,
the use of our Service,
any delay or inability to use our Service, or
your use of links from our Service,

whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if our Group of Companies and our Partners have been advised of the possibility of such damages.

If our Company or our Partners are found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:

reasonably foreseeable by both you and us (or our Partners as applicable),
actually suffered or incurred by you, and
directly attributable to our actions (or the actions of our Partners as applicable),

and in the event of any liability of our Company and/or our Partners, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Medical Services or Travel Services in question or (b) one-hundred dollars (US $100.00) or the equivalent in local currency.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of our Company and our Partners.

Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.

Indemnity

You agree to defend and indemnify our Company and our Partners and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced in them
your violation of any law or the rights of a third-party, or
your use of our Service,
to the extent that such Losses are not directly caused by the actions of our Company or our Partners (as applicable).

Section 9 Reviews, comments and photos

By submitting content to our Service by email, postings or otherwise, including any property reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively "Submissions"), you:

confirm that all Submissions you make are your original creation and that you have and will maintain all rights necessary to allow us to use the Submissions as set out in these Terms, and
grant our Company and Partners as permitted by law, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable through multi-levels right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or later devised.

You also acknowledge and agree that our Company and our Partners may choose to use the name that you submit with such Submission to attribute your Submissions (for example, listing your first name and hometown on a review that you submit) at our discretion in a non-identifiable format. Such Submissions may also be shared with the Medical Providers or Travel Providers.

You also grant our Company the right to legally pursue any person or entity that violates your or our Company’s rights in the Submissions.

Submissions are non-confidential and non-proprietary.

If possible, you expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions. You agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by our Company, our Partners or any of our other licensees.

You are fully responsible for the content of your Submissions. You must not post or transmit to or from our Service and agree that any Submissions you make do not contain any content that:

is unlawful, threatening, libellous, defamatory, obscene, pornographic, or would violate publicity or privacy rights or any law
is commercial (such as solicitation of funds, advertising, or marketing of any goods or services, etc.)
infringes, misappropriates or violates any copyright, trademark, patent or other proprietary right of any third-party, or
is objectionable on the grounds of public interest, public morality, public order, public security or national harmony.

You will be solely liable for any damages resulting from not complying with the rules above, or any other harm resulting from your posting of Submissions to our Service.

We may exercise our rights (for example: to use, publish, display, delete, etc.) to any Submissions without notice to you.

If you submit more than one review for the same Service only your most recent Submission is eligible for use.

All Submissions are subject to our Content Guidelines.

We claim no ownership or endorsement of, or affiliation with, any Submissions made by you.

For more information, please see the Content Guidelines.

Section 10 Intellectual property policy and notices

Copyright and trademark notices

All contents of our Service are ©2024 VacayWellness, LLC. All rights reserved. VacayWellness, VWell, VacayWellness.com, the VacayWellness Logo, among others, are trademarks or registered trademarks of VacayWellness, LLC. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.

If you are aware of an infringement of our brand, please let us know by emailing us at support@vacaywellness.com.

Intellectual property infringement policy and complaints

We respect the intellectual property rights of others and expect our suppliers, partners, and users (collectively “Users”) to do the same. We have a policy of prohibiting Users from posting materials that infringe the copyright, trademark rights, or other intellectual property rights of others, and under appropriate circumstances we will terminate the account of Users who are repeat infringers. Copyright complaints and notices may be sent to us (a) by email to support@vacaywellness.com (b) and by mail to

VacayWellness LLC Legal Department

24476 Acorn Trail, Novi, MI 48374

Patent notices

One or more patents owned by us may apply to our Service and to the features and services accessible through our Service. Portions of our Service operate under license of one or more patents. Other patents pending.

Section 11 Your privacy and personal information

We are committed to the privacy, confidentiality, and security of personal information entrusted to us.

Please review our current Privacy Statement, which also governs your use of our Service and is incorporated by reference into these Terms, to understand our practices.

Section 12 Disputes and arbitration

Disputes and arbitration

Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.

Agreement to arbitrate (“Arbitration Agreement”)

You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Statement, any services or products provided by us or any of our, Medical Providers, Travel Providers, any dealings with our Traveler Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our Medical Providers, or Travel Providers. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

Small claims court matters

Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.

No class actions or representative proceedings

You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.

Arbitration rules and governing law

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Michigan, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.

Mandatory pre-arbitration dispute resolution and notification

Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.

You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department, VacayWellness LLC, 24476 Acorn Trail, Novi, MI 48374.

The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.

If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.

Commencing arbitration

To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department, VacayWellness LLC, 24476 Acorn Trail, Novi, MI 48374, concurrent with filing the Demand with AAA.

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.

Attorneys’ fees and costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Arbitrator’s decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Severability and survival

If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

Traveler support and the handling of complaints

For answers to your questions or ways to contact us, visit our contact page here.

Section 13 General

Governing law and jurisdiction

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Michigan, without regard to principles of conflicts of laws.

Insurance

Unless otherwise stated, prices displayed do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain risks (such as the cost of repatriation in the event of an accident or illness). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information and terms and conditions will be shown on our Service.

Failure to invoke

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

Unenforceable provisions

If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.

Entire agreement

These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service.

Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.

Third-party rights

Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

Survival of obligations

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.

Terms of Service

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