We facilitate your purchase of hotel accommodations but do not ourselves sell hotel accommodations nor are we a co-vendor associated with the vendors of hotel rooms booked through this Site.
Hotel accommodations marketed on our Site are offered pursuant to two different models.
Under the first model, you will pay Active the prevailing room rate available to Active at the time of reservation request, including estimated state and local room taxes and a service fee to cover Active's costs of processing and handling the payment of your room taxes (this is referred to on the Site as the "Estimated Taxes and Service Fee"). We provide an estimate of such state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location. Active makes reasonable efforts to ensure that the estimated tax rates charged through this Site are accurate. If you pay to Active the Estimated Taxes and Service Fee, you will have no liability to Active should additional room taxes be due in respect of your room rate beyond what you are charged upon completing your transaction for the room and room nights booked through the Site. In the unlikely event that actual tax rates are in fact lower than the estimated tax rates charged through this Site, Active will retain the difference as part of its service fee.
Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, i.e. required to be paid by you directly to the hotel rather than to Active on the Site, you will be required to pay all such applicable room taxes directly to the hotel at checkout. In this case, we will still provide to you estimated state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge (this is referred to as "Estimated Taxes" on the Site). We do not include any service fee with respect to Estimated Taxes, which are not paid to Active. While Active makes reasonable efforts to ensure that the estimated tax rates are accurate, the actual state and local room taxes charged by the hotel and required to be paid by you may vary.
Please be aware that you (and/or any guests) may also incur charges at hotel(s) that are not payable to Active or included in your quoted price on the Site which nonetheless are your sole responsibility and must be paid by you directly to the hotel at the time of check-out in accordance with the hotel's prevailing policies, including, without limitation, any other governmental charges or taxes, any resort fees/service charges, charges for food and beverage, extra-person or extra-bed charges, gratuities, hotel energy surcharges, parking fees, internet, WI FI, telephone fees, room service, movies, mini-bar, transfers/transportation, and any other incidentals. For this reason, you will be required to provide a valid credit card at time of check-in to cover all such charges. All Members, authorized users and hotel guests must comply with each hotel's standard terms and conditions.
Travel Website - Privacy Statement
Last Updated: March 13, 2023
California Privacy (See Section 16 below)
European Privacy (See Section 15 below)
Active Media Services, Inc. d/b/a Active International (and its affiliates, collectively “Active,“ “we“ or “our“ or “us”) recognizes the importance of data privacy and respects your data privacy rights. This Privacy Statement sets forth the terms and conditions with respect to how we process certain personal information derived from users of our private travel website: https://travel.activeinternational.com/ (the “Travel Site”) and/or who contact our individual and/or group employees who handle reservation/bookings (the “Reservation Team”).
This Travel Site provides Active’s clients as well as members and invitees of Active’s Employee, Friends and Family Travel Club (the “Club”) with access to view, make a request to our Reservation Team regarding individual and group stays, and in the case of individual hotel stays only, reserve/book/pay for a an individual hotel stay from, our then existing travel inventory which we have acquired through our corporate trading business and as may be available from time, including, hotel rooms, group/event space, cruise line cabins, and airplane tickets. Reservation requests may also be made directly with our Reservation Team for individual and/or group stays.
This Privacy Statement describes, among other issues, the types of personal information that we collect when you use or log into the Travel Site and when you contact (phone or email) our Reservation Team to inquiry about, view/review, request/make a reservation/booking (individual and/or group), and/or pay (i.e. in cash and/or trade credit (“Trade Credit”) issued by Active) or otherwise receive (i.e. via donation, give-away or other transfer or trade) for travel goods and/or services from our then available travel inventory (collectively “Travel Services”), the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal information.
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE TRAVEL SERVICES OR CONTACTING THE RESERVATION TEAM, OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY STATEMENT AND OUR TERMS & CONDITIONS AND OUR COOKIE DECLARATION.
You must be at least eighteen (18) years of age to access the Travel Services. Active is headquartered in the United States, and the personal information you provide to Active may be processed and stored in the United States and other jurisdictions. For more information on our data transfer practices, please see Section 9 (Data Retention and Localization).
We strive to ensure that every person has access to information related to our Travel Services, including this Privacy Statement. In case you have special accessibility needs and would like this Privacy Statement provided in an alternative format, please contact us at firstname.lastname@example.org and we will seek to meet your needs.
This Privacy Statement applies to personal information that Active receives during its business operations as a “data controller” – which means we determine the purpose and means of processing such personal information.
For purposes of this Privacy Statement, the term “personal information” (which may from time to time be referred to herein as “personal data” depending upon the applicable privacy law(s)) means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “sensitive” personal information or data means and includes any personal Information or personal data about an individual’s (a) government and/or state identifiers, including Social Security, passport and driver license; (b) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) geolocation, include address information, e.g. street, city, state and zip code; (d) racial or ethnic origin, religious or philosophical beliefs, information about sex life or sexual orientation, union membership, or political opinions; (e) contents of mail, email, or text messages, unless Company is the intended recipient of the communication; (f) genetic data and biometric information; and/or (g) health and personal information. The term “personal information” and “personal data” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. We commit not to re-identify data that has so been de-identified. Active may also anonymize or de-identify personal information and personal data, and such information/data is not subject to this Privacy Statement, and Active may use such data for any purpose.
2. The Types and Categories of Personal Information We Collect
Active collects personal information in order to provide our Travel Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Statement. When you do not provide personal information to us, we may not be able to provide you the Travel Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal information during our business operations:
Name, username, email address, telephone number, and home, business, and billing addressees (including street and postal code), date of birth, and gender.
Information provided when you register for an account to use the Travel Site, including usernames, passwords, and credential re-set data.
Government issued Identification required for booking or identity verification, such as passport, driver’s license, government redress numbers, and country of residence (for travel insurance purposes).
Online Identifiers (For more information, see "Technical Data" below)
Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology. Please see our Cookie Statement for more information.
Records of the Travel Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Travel Services.
Travel-related preferences and requests such as favorite destination and accommodation types, and special dietary and accessibility needs, as available.
Payment Card Data
Active may also collect, but does not store, credit card information when you make a travel reservation on the Travel Site.
Business Contact Data
Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.
Health and Disability Data
You may furnish disability related information when seeking to make a travel reservation for accommodation purposes.
Information with respect to your marketing preferences and your subscriptions to our publications and alerts.
Communications with us (such as recordings of calls with customer service representatives for quality assurance and training purposes), and other communications that occur through the Travel Site.
Internet and Electronic Network Data
Data pertaining to your access or use of the Travel Site, including browsing history, search history, and information regarding your interaction with the Travel Site or advertisements embedded on the Travel Site.
Information you provide about our Travel Services, which may include data gathered from our sponsored surveys or reviews submitted by you.
In some circumstances, you may provide us images, including images associated with a government identification card or pass .
Information related to your address, including street address, city, zip code and state, and information about the general city, state, or region in which a user of the Travel Site is located or a destination to or from where there are traveling.
Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.
You may also provide the above-mentioned personal information for your family members or other third parties with whom you are traveling or on whose behalf you are making travel reservations through the Travel Site.
NOTE: ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US VIA THE TRAVEL SITE OR TO THE RESERVATION TEAM MAY HAVE TO BE PROVIDED TO ANY HOTEL, CRUISE LINE, AIRLINE, AIRPORT OR OTHER TRAVEL PROVIDER FOR SECURITY AND AUTHENTICATION PURPOSES, AND/OR TO COMPLETE YOUR REQUESTED RESERVATION/BOOKING.
3. Technical Data
When you access the Travel Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Travel Site and other websites, including the following:
Usage and Device Data. When you access and use the Travel Site, we automatically collect details of your access to and use of the Travel Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Travel Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Travel Site may collect “diagnostic” data related to your use of the Travel Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purpose of measuring technical diagnostics.
Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Travel Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Travel Site may become inaccessible or not function properly. In addition, the Travel Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Travel Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Travel Site may collect data about the advertisements you have seen or engaged. For more information, see our Cookie Declaration.
4. Sources of Information
We collect the personal information identified herein directly from you when you use our Travel Services, through automated means when you are using the Travel Site, and from third parties. More specifically, we collect personal information from the following sources:
First Party / Direct Collection. We collect personal information directly from you when you use our Travel Services (e.g., registering for our website or accounts, completing transactions, signing up for newsletters, or participating in sweepstakes, receiving any of our Travel Services in connection with a give-a-way or charitable donation), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us or when you contact (phone or email) our Reservation Team.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Travel Site (see “Technical Data” above).
Third-Party Sources. We collect personal information from third parties, such as travel vendors (at which we book your travel), publicly available databases, from our affiliates at which you may have a contract (or work for a company that has a contract), our service providers, and third-party references.
5. How We Use Your Data / Purpose of Collection
Make travel reservations on your behalf, and manage and provide support services related to your reservations and account.
Create, maintain, and update your account.
Maintain security of our Travel Site, including by verifying you are an authorized user of the Travel Site.
Maintain your search and travel history, accommodation and travel preferences, and similar information to support your account.
Enable and facilitate acceptance and processing of payments, coupons, and other transactions.
Invoice and collect payment for our Travel Services or administer and facilitate any Reward Programs (as defined in Section 21 below) and similar giveaways.
Respond to your questions, requests for information, and your other communications to us and our partners.
Enable communication between you and travel suppliers, including, without limitation, hotels, cruise lines, airlines and vacation property owners.
Analyze, assess, improve, and market our products and services to you and others.
Measure and analyze the effectiveness of our marketing and promotions.
Monitor or record calls, chats, and other communications with our customer service team and other representatives, as well as platform communications between or among partners and travelers for quality control, training, dispute resolution, and as described in this Privacy Statement.
Promote security and prevent and investigate fraudulent transactions, unauthorized access to or use of our Travel Services, and other illegal activities.
Comply with applicable laws, our contractual obligations, protect our rights and interests and the rights and interests of our customers and partners, participate in legal and administrative proceedings and regulatory processes, defend ourselves and our interests, and respond to law enforcement, other legal authorities, and requests that are part of a legal process.
Comply with applicable due diligence laws and requirements regarding security, anti-terrorism, anti-bribery, customs, immigration, and similar matters.
Operate our business using lawful business practices and as permitted by law.
Collect and use your personal information for any other purpose for which we obtain your consent.
For the avoidance of doubt, you hereby agree that we may contact you via any means, (including by text message, email, phone calls, mail, push notifications, autodialer, or messages on other communication platforms) to provide information such as travel booking confirmations and updates, for marketing purposes, or for other purposes as described in this Privacy Statement.
6. Sharing Information / Third-Party Disclosures
We share your personal information as described below and in this Privacy Statement, and as permitted by applicable law.
Category of Recipient
Purpose of Disclosure
We may share your personal information with third-party travel providers, businesses and organizations with whom we received and/or provided Travel Services to facilitate a transaction at your request, e.g. you may have won a charitable auction for travel we donated, or won a trip from a radio station that we provided, or contacted us directly on our website or Reservation Team for a trip.
We share personal information with third parties in connection with the delivery of our Travel Site and Travel Services (e.g., credit card processing, customer service, business analytics, fraud prevention, legal compliance services, and advertising and marketing). See our Cookie Declaration for more information on how to opt out from having your personal information shared for targeted advertising and purposes related to the functionality of this Travel Site.
Travel Industry Partners
We share personal information with travel-related suppliers from whom we have received travel inventory, such as hotels, cruise lines, airlines, car-rental companies, insurance, vacation-rental property owners and managers, who fulfill your (individual or group) booking and who otherwise manage out trade. Please note that travel suppliers may contact you to obtain additional information if and as required to facilitate your booking, when you check in, or to otherwise provide the travel or associated services.
We may share your personal information with third parties with whom we do business to secure our travel inventory, and/or fulfill our goods, products, or distribute our marketing materials.
Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of our assets.
Legal; Compliance; Legitimate Interests
We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, we may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests.
In addition to the reasons for disclosure set forth herein, we may also disclose your personal information upon your consent.
In the event that you facilitate a transaction with us, or request information from or otherwise engage with us, and such activities require us to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct us to intentionally disclose your personal information to the service provider or third party.
7. Social Media
We may engage with you on various social media platforms (e.g., Facebook, Twitter, LinkedIn, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Certain social media platforms may also automatically provide us with your personal information, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Travel Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Travel Site. These features may collect your IP address and which Travel Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Travel Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
8. Links to Other Websites; Your Direct Third-Party Disclosures
As a resource to you, the Travel Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Statement does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Travel Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.
9. Data Retention and Localization
The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information needed to provide you with our Travel Services, to fulfill our contractual obligations to you under a contract, to facilitate transactions you have requested, to comply with our legal obligations (e.g., tax filings, export control laws), to comply with our contractual obligations under our agreements with travel providers), and to engage in marketing activities, and we retain such personal information for as long as is necessary to defend our legal or business interests, fulfill our contractual obligations with travel providers and/or until such time as our contractual relationship with you ceases or the legal retention periods expire or you have consented to our use of your personal information until such time as you withdraw consent. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Statement.
Active is headquartered in the United States, our Travel Site is hosted in the United States, and the personal information that we collect and process is retained and stored in the United States. Active (or you) may book a reservation with a travel provider outside of the United States and Active uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information (or booking or directing us to book with travel providers outside of the United States), you hereby acknowledge and agree that your personal information will be transferred to, and stored in, the United States and in such other third countries. If you are accessing our Travel Site from outside the United States, you are transferring your personal information to the United States and you consent to such transfer. If you do not want your personal information transferred to the United States, you should not share your information with us or make use of this Travel Site. Please note that personal information transferred to the United States is subject to access by law enforcement.
We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE TRAVEL SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Travel Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Travel Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.
11. No Data Collected from Children
The Travel Site is not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using the Travel Services (including the Travel Site) or from providing us with your personal information.
12. Your Responsibilities
You are permitted, and hereby agree, to only provide personal information to Active if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO US, YOU EXPRESSLY REPRESENT AND WARRANT TO US THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE US WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT OUR USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY US AND EACH OF OUR EMPLOYEES, OFFICERS, AND AGENTS FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO US.
13. Updating Your Information
It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email, shipping address), and you must do so when such changes are warranted. You may request changes to, or deletion of, your account with us by emailing us at email@example.com.
14. Canada Privacy Rights
Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by Active in accordance with this Privacy Statement and Active’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal data and to request that inaccurate personal data be corrected. If you have submitted personal data to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section listed below. When requesting access to, or correction of, your personal data, we will require that you verify our request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal data, provided that we advise you of any such fee in advance. Your right to access personal data is not absolute, and we may not be able to allow you to access certain personal data in certain circumstances (e.g., if the information contains personal data of other persons or it is subject to legal privilege). In the event that we cannot provide you with access to, or the ability to correct, your personal data, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists, please contact us in accordance with the “Contact Us” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.
15. European Union (EU), Switzerland, and United Kingdom (UK)
Data Protection Rights. If you are located in the EU, Switzerland, or the UK, you have the following data protection rights:
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.
Legal Basis for Processing. We process your personal data in accordance with the legal bases set forth in law. For example, our processing of personal data (as described herein) is justified based on the following legal grounds:
We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.
16. California Privacy Rights
Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents are entitled to certain data privacy rights:
Submit a Privacy Request. To submit a privacy request, you may contact us using any of the following means: (email) firstname.lastname@example.org, (mail) Active Media Services, Inc., ATTN: Data Privacy, One Blue Hill Plaza, Pearl River, NY 10965, or (interactive webform) Webform. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information, the Active will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, the Active will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see: https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their personal information. However, the Active does not sell your personal information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Do Not Share My Personal Information. California residents have the right to opt out of the “sharing” of their personal information. The Active uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners, and such features, tools and marketing relationships involve the disclosure of your personal information to third parties and may constitute the “sharing” of your personal information for CCPA purposes. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool (sometimes visible as a “Privacy Choices” or a “Do Not Sell/Share My Personal Information” link on the footer of the Site) to set your cookie preferences. You, or your authorized agent, may also contact us in accordance with the “Contact Us” section listed below.
Children. The Site is not directed at, and should not be used by, minors under the age of sixteen (16), and therefore the Active does not knowingly sell or share the personal information of minors under sixteen (16) years of age.
Limit Use of Sensitive Personal Information. The Active does not use or disclose sensitive personal information for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive personal information.
17. Virginia and other State Privacy Rights
Data Privacy Rights. Pursuant to the Virginia Consumer Data Protection Act, Virginia residents are entitled to certain data privacy rights:
Submit a Privacy Request. To submit a privacy request, you may contact us using any of the following means: (email) email@example.com, (mail) Active Media Services, Inc., ATTN: Data Privacy, One Blue Hill Plaza, Pearl River, NY 10965, or (interactive webform) Webform.
Privacy Request Verification Process. If you make any request related to your personal information, the Active will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, the Active will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. None of Virginia’s privacy rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information regarding the Virginia Consumer Data Protection Act, please see: https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1392ES1.
Privacy Requests Appeals Process. If you would like to appeal a decision the Active has made with respect to your privacy request, please email firstname.lastname@example.org with the subject line “PRIVACY REQUEST: APPEALS” and describe the nature of your request, and the reason requesting an appellate review.
Opt-Out Rights / The Sale of Personal Information. Virginia residents have the right to opt out of the “sale” of their personal information. However, the Active does not sell your personal information to third parties for or monetary consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Targeted Advertising. Virginia residents have the right to opt out of having their personal information used for targeted advertising purposes. The Active uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool (sometimes visible as a “Privacy Choices” or a “Do Not Sell/Share My Personal Information” link on the footer of the Site) to set your cookie preferences.
Opt-Out Rights / Profiling. Virginia residents have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, the Active does not engage in such activities.
18. Nevada Privacy Rights
As of the latest date of the Privacy Statement, we do not conduct “sales” of personal data for purpose of Nevada law. Notwithstanding the foregoing, if you are a resident of Nevada, you have the right to opt out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by emailing us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
19. Events and Video Teleconferencing
We host and use video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Microsoft Teams, Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
20. Persons with Disabilities
The Company strives to ensure that every person has access to information related to our Services, including this Privacy Statement. In case you have special accessibility needs and would like this Privacy Statement provided in an alternative format, please contact us at privacy@activeinternational and we will seek to meet your needs.
21. Sweepstakes; Contests; Rewards; Donation Programs and Financial Incentives
We collect and use personal information, including personal information provided by a third party (e.g., refer-a-friend program), to administer and maintain any of our sweepstake, contests, rewards, donation, give-aways and/or financial incentive programs (collectively “Rewards Programs”). We use the personal information you provide in these programs to verify your identity, offer unique rewards, track your program status, and facilitate the provision of reward and/or Services, promotional materials, marketing and business offerings, and other items. If you consent to participate in any of our Rewards Programs, you may withdraw that consent at any time by contacting us in accordance with the “Contact Us” section listed below or in accordance with the instructions set forth in the applicable Rewards Program’s terms and conditions. The Company may use personal information gathered from, or related to, participants in our Rewards Programs for any other purpose or in any other manner set forth in this Privacy Statement.
California Rewards Program Rights. Pursuant to the CCPA, you may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of your personal information that forms the basis for offering the financial incentive or price or service difference, and (ii) a description of the method we used to calculate the value of your personal information. Generally, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of Rewards Programs, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving (i) the categories of personal information collected (e.g., names, email addresses), (ii) the transferability of such personal information for us and our Rewards Programs, (iii) the discounted price offered, (iv) the volume of consumers enrolled in our Rewards Programs, and (v) the product or service to which the Rewards Programs, or price or service differences, apply. The disclosure of the value described herein is not intended to waive, nor should it be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
22. Your Choices
If you do not wish to receive promotional or marketing emails from us, you can unsubscribe by using the unsubscribe link included in each such email or newsletter. In some cases we may provide an unsubscribe link within an operational email (e.g., surveys).
23. Changes to this Privacy Statement
We reserve the right to amend this Privacy Statement at any time. We will notify you if this Privacy Statement is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto. Your use of the Travel Services, and continued use of the Travel Services after any amendments are made to this Privacy Statement, signifies your consent to this Privacy Statement and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Statement; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto.
24. Contact Us
If you have questions regarding this Privacy Statement or our handling of your personal information, would like to request more information from us, or would like to exercise a data privacy right, please contact us at the following: (email) firstname.lastname@example.org, (mail) Active Media Travel Services, Inc., ATTN: General Counsel/Data Privacy, One Blue Hill Plaza, Suite 900, Pearl River, NY 10965, or (interactive webform) Webform.
Access to this Travel Site is Limited to Clients of Active International and employees, friends and family who are members of or for whom Active International otherwise offers and/or books travel under Active International’s Employee, Friends and Family Club.
Last Updated December 2021
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY CONTENT, PRODUCTS, OR MAKING ANY BOOKINGS OR PURCHASING ANY PRODUCTS AND SERVICES FROM ACTIVE INTERNATIONAL, INCLUDING THROUGH THIS WEBSITE OR FROM OUR RESERVATION CENTER.
1. CERTAIN DEFINITIONS
The below capitalized terms when used in these Terms shall have the respective meanings assigned below:
2. CONSENT TO TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS SITE AND/OR BOOKING/PURCHASING OF ANY PRODUCTS AND SERVICES FROM ACTIVE INDICATES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE POLICIES INCORPORATED INTO THEM BY REFERENCE. These Terms govern the use of this Site as well as the relationship between Active and You, including terms that restrict your rights and remedies and provide protection to Active, and also include warranty disclaimers and liability exclusions. These Terms are incorporated into any booking and/or purchase of Products and Services via the Site or the Reservation Center and no alterations to these Terms may be made by our Reservation Center.
IF THERE IS ANY PART OF THESE TERMS YOU DO NOT AGREE WITH OR ACCEPT, YOU MUST NOT USE THE SITE OR BOOK/PURCHASE ANY PRODUCTS AND SERVICES.
3. TRAVEL DOCUMENTS AND IDENTIFICATION REQUIREMENTS
It is the sole responsibility of each Customer to determine, obtain and carry the necessary travel documents, e.g. enhanced driver license, passport, visa and/or other documentation, required by applicable government regulations. Additionally, be advised that certain countries will not admit a traveler if their passport expires within six (6) months of the date of entry. Active is not responsible or liable for any loss incurred in the event of Customer’s failure to have any required travel documentation which may result in, among other things, denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. It is Customer’s sole responsibility to determine, obtain and carry any required travel documentation.
When Customer receives any booking confirmation for Products and Services from this Site or the Reservation Center, it is Customer’s sole responsibility to review and verify promptly all such information and contact Active immediately if changes or corrections are required.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense or felony conviction, and you are unsure how the country you are traveling to (or through) views that offense, you are advised to contact that country directly for entry and exit requirements.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others, and/or specific COVID related requirements. Customer is strongly advised to check and review (and is solely responsible for checking and reviewing) prior to making any bookings (or traveling) all travel prohibitions, warnings, announcements and advisories, including any COVID/pandemic related requirements, including, without limitation, any testing, quarantines, mask requirements, or proof of vaccination, issued from time to time, in the case of domestic travel, any U.S. state and local governmental agencies and Providers for any states on Customer’s domestic travel itinerary, and in the case of any international travel, the U.S. Federal government and its agencies and any foreign country(ies), consulates and Providers on Customer’s international travel itinerary.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ACTIVE DOES NOT REPRESENT OR WARRANT TO YOU THAT TRAVEL TO ANY SUCH DESTINATION(S) IS ADVISABLE, SAFE OR WITHOUT RISK, AND IN NO EVENT SHALL ACTIVE BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATION(S) OR FOR ANY INCIDENT(S) OCCURRING DURING YOUR STAY.
6. USE OF THIS SITE AND INFORMATION PROVIDED; AGE LIMITATIONS
Customer must be 18 years or older to use this Site. Each Customer warrants that he/she is at least 18 years of age and possess the legal authority to make travel bookings to purchase Product and Services with Active by any means, including this Site or our Reservation Center in accordance with all Terms herein. Customer agrees to be financially responsible for all travel bookings. Minors (as defined under the laws of Customer’s jurisdiction or residence) are not eligible to register for, access or use this Site, or book any Products and Services available on the Site. The Site is not intended for children. Customer agrees to keep any minors listed under Customers name or account off of this Site. If you are under 13 you should not access this Site or provide to us any identifying information about yourself. Customer warrants that all information supplied by Customer or members of Customer’s household transacting business with Active is true and accurate. Each Customer is responsible for maintaining the secrecy of its User ID and password for this Site. In addition, Customer will be financially accountable for all use of this Site by Customer and anyone using Customer’s password and login information.
7. ADDITIONAL TERMS, CONDITIONS AND REQUIREMENTS OF PROVIDERS
Each Customer understands and agrees that Products and Services are provided subject to the terms, conditions and requirements of each Provider Customer selects (and as identified on Customer’s confirmation). Customer agrees to abide by the terms, conditions and requirements of each Provider as well as these Terms. As example, Providers of hotels accommodations have terms, conditions and requirements regarding, among other things, (i) cancellation and “late check-out”; (ii) presentation at check-in of a valid credit card and picture identification; (iii) check-out by the times indicated by the Provider, and (iv) payment of any amounts due the Provider at time of check-out. Additionally, due to Covid -19 (and its variants) Providers, e.g. hotels, airlines, rental car companies, etc., may also have issued additional requirements such as, among others, mask wearing, temperature or Covid testing, and social distancing. Each Customer is responsible for checking the terms, conditions and requirements of each Provider that pertain to your travel, and we strongly recommend that prior to traveling Customer check the Covid-19 related requirements issued by your Provider, as well as your state of residency, destination state or country.
8. TRAVEL INSURANCE
Active highly recommends that Customer(s) purchase appropriate travel insurance from a third party provider which includes coverage for medical treatment and, due to Covid-19, medical evacuation that does not exclude airborne pathogens. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip may not be refunded and Providers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any Products and Services offered by Active. Active does not sell Travel Insurance and employees of Active are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any Travel Insurance, or evaluate the adequacy of any Customer’s prospective or existing Travel Insurance coverage.
9. AIR TRAVEL AND GROUND TRANSFERS
ACTIVE DOES NOT BOOK AIRLINE RESERVATIONS OR GROUND TRANSFERS ON BEHALF OF CUSTOMERS. It is each Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Active shall not be responsible for any air travel or ground transfers.
10. HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
It is the responsibility of each Customer to determine whether any immunizations or vaccinations and/or required documentation of same are required by any governmental entities prior to departure, upon landing or return for destinations on Customer’s travel itinerary. Active shall not be responsible or liable for any loss incurred in the event of your failure to have any required immunizations, vaccinations and/or required documentation of same for your journey.
11. CERTAIN ADDITIONAL RESTRICTIONS FOR CLUB MEMBERS
The Products and Services and any special offers or savings associated with such Products and Services offered through this Site are exclusively for the use and benefit of our Customers and are not available to the general public. Membership in Active’s Club is at the sole discretion of Active, and is limited to client(s) and prospects of Active, employees of Active and its client(s), and may be extended to include, at the discretion of Active, their respective family and/or friends (or such family and/or friends may be allowed, as authorized users, to utilize the Product and Services acquired by a Customer). Employees of Active, its affiliates or subsidiaries who are Customers will, at all times, remain responsible for ensuring that any of their friends and family members who are authorized users of Products and Services comply with these Terms and/or any additional terms and conditions applicable to such Products and Services.
Club members are subject to additional restrictions and requirements as follows: (i) to keep any savings realized by booking with the Club confidential as discussing savings and/or benefits acquired through the Club with any third parties, including, without limitation, travel agents, other guests/travelers or Providers, in each instance will damage our relationships with our Providers and will result in immediate membership termination; (ii) to not (or attempt to) resell/auction/transfer any Products and Services, including, without limitation on VRBO, Airbnb, SkyAuction, or EBAY; (iii) to only use Product and Services for personal, leisure use – no business travel is allowed; (iv) all reservation requests are subject to general availability at the time of receipt and certain other restrictions may apply, including blackouts (travel offers are subject to change and/or termination by Active at any time without notice): (v) all Product and Services are made available by Active strictly in its sole discretion, quantities are limited and provided on a strictly first come/ first serve basis, and Active may change, withdraw or terminate any offering(s) at any time; (vi) no travel purchased from Active may replace any pending reservation(s) or existing booking(s) any Club members may have with the same travel provider (even if cancelled by the Club member), i.e. you cannot cancel and rebook through Active to acquire savings; (vii) all reservation requests must be made directly and exclusively with Active’s Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays at 1-800-852-8864 or email@example.com (please do not contact any Provider(s) directly).
13. SERVICES AND CONTENT
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime. Our Reservation Center is open M-F 8:30 am to 5:30 pm excluding all major holidays and may be contacted at 1-800-852-8864 or firstname.lastname@example.org
Through our Site, we provide an online platform through which you can browse different types of then available Products and Services and make and/or request to make a Booking, including making payment for such Bookings on line in advance with a credit card.
When rendering our services, the information that we disclose about Products and Services is based on the information provided to us directly or indirectly by Providers (or service providers engaged or licensed by us or Providers to provide information about Providers), including all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Additionally, changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. We assume no liability or responsibility for any errors or omissions regarding information provided on the site about Products and Services or any Provider. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site.
In case of problems, our Reservation Center customer service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Provider. Please note that Active’s inventory with Providers is finite, and that when a search result indicates that a particular Provider is not available through our Site, that means the room type is not available for reservation through us.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Providers or Products and Services listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site.
To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: Provider request(s), actual or suspected violation of Club rules, e.g. reselling of any accommodations booked through the Site on an individual, breach of the Terms, force majeure events, trade or economic sanctions, embargoes, legal restrictions, closures (by reason of pandemic, e.g. Covid 19 or otherwise) (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, payment instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations, etc. If your booking is rejected or cancelled by Active and a payment has already been made, you will receive a refund of the total booking value, (except in the case of breach of the Terms wherein refund of the total booking value or any part thereof is not justifiable).
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking, and will, if relevant, refund some or all of the amount charged.
A star or other denoted ratings, or any reference on the Site to a rating on the Site are provided for your information only and are based on information we have received from Providers or services providing information about Providers to our Site. We do not independently verify star ratings. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances.
A Word About Bookings
Your reservation is not Booked until and unless you receive a written confirmation issued by the Site or our Reservation Center. You should not take any action based on information on the Site until you have received a written confirmation of your Booking. A Booking request does not constitute a Booking until you receive a written confirmation. We endeavor to send written confirmations within 24 hours of receipt of your Booking request sent on the Site or via email to our Reservation Center; provided however, if you send a Booking request on a Saturday or Sunday, we send confirmations on the following Monday. If you have not received a confirmation of your Booking request via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our Reservation Center. The contact information for the Reservation Center is provided below in Section 22 of these Terms.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
14. HOTEL ACCOMMODATIONS AND TAXES – TWO MODELS
Hotel accommodations marketed on our Site are offered pursuant to two different models. Under the first model, you will pay Active the prevailing room rate available to Active, including room taxes. Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, you will be required to pay all such applicable room taxes directly to the hotel at checkout.
15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Active makes no representation(s) or warranty(ies) of any kind or nature, including, without limiting the generality of the foregoing, regarding this Site, any Provider(s) or any Products and Services, all of which are provided on an "AS IS" basis. ACTIVE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERCHANTABILITY, FITNESS FOR A PARTICULAR, SUITABILITY OF ANY PROVIDER(S), PRODUCTS AND SERVICES, OR TRAVEL DESTINATIONS, THE USE OF THIS SITE, INCLUDING THAT THIS SITE OR ITS CONTENT WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE AND NOT INTERCEPTED.
The fact that Active is including or offering any Products and Services on the Site or through its Reservation Center is not an endorsement or a recommendation of any Provider(s) or Products and Services.
16. LIMITATIONS OF LIABILITY, DISCLAIMERS AND RELEASE
When booking Products and Services on this Site or through Active’s Reservation Center, Active is acting solely as a booking agent for each Provider (each of which is a disclosed principal), and Active is not the source or provider of the Products and Services. Each Provider is an independent entity with its own management, and is not subject to the control of Active Customer is advised that Providers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those Providers, and understands and agrees that Customer is subject to each Provider’s terms and conditions which may be found on their respective Web sites or other travel documentation issued by Providers, and which govern each Provider’s Products and Services (including any booking made on your behalf by Active). All bookings are accepted by Active (either on this Site or through its Reservation Center) solely as agent for the relevant Providers on your travel confirmation or other documentation. All Products and Services provided by the identified Providers are subject to the respective Provider’s terms and conditions contained in any tickets, exchange orders or vouchers issued by them and/or their suppliers, including the terms and conditions on their respective Web sites.
EACH CUSTOMER (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMERS) AGREES THAT ACTIVE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY CLAIMS, LIABILITY, ACTIONS, CAUSES OF ACTION, AND/OR DAMAGES OF WHATSOEVER KIND OR NATURE (COLLECTIVELY “DAMAGES”), WHETHER FOR PERSONAL INJURY, PROPERTY LOSS, DEATH OR OTHER DAMAGES) ARISING OUT OF OR RELATED TO ANY ACT(S), OMISSION(S), NEGLIGENCE, REPRESENTATION (OR MISREPRESENTATION), BREACH, OR WARRANTY OF OR BY ANY PROVIDER(S) OR OTHER THIRD PARTY, E.G. ANY HOTEL(S), RESORT(S), CRUISE LINE(S), AIRLINE(S), RENTAL CAR COMPANY(IES), ETCETERA, INCLUDING WITHOUT LIMITATION, BY REASON OF ANY OVERBOOKING, DELAYS, CANCELATIONS, MISSTATEMENTS, STRIKE, FORCE MAJEURE EVENT (E.G. HURRICANE, FLOOD, PANDEMIC, ETC.) OR ERRORS IN THE PROVIDERS’ BROCHURES OR WEBSITE AND HEREBY EXPLICITLY RELEASE, DISCHARGES AND AGREES TO HOLD HARMLESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE AND ITS SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, ONE AND ALL, FROM ALL SUCH DAMAGES, INCLUDING ALL “COSTS”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ACTIVE BE LIABLE TO ANY CUSTOMER(S) OR ANY OTHER PARTY(IES) (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMER(S)), FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (I.E. WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY CONFIRMATION(S) AND/OR BOOKINGS OF PRODUCTS AND SERVICES ISSUED AND/OR MADE THROUGH THIS SITE OR ACTIVE’S RESERVATIONS CENTER; (II) ANY PRODUCTS AND SERVICES PROVIDED BY ANY PROVIDER(S) AND/OR ANY ACT(S), ERROR(S), OMISSION(S), NEGLIGENCE, MALFEASEANCE OR OTHER ACTION(S) OR ACTIVITIES OF ANY PROVIDER(S), OR OF ANY PROVIDERS’ EMPLOYEES OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY MISREPRESENTATION, BREACH, INJURY, LOSS, ACCIDENT, DELAY, OVERBOOKING, CANCELLATION, FAILURE OR OTHER DELAY IN PROVIDING PRODUCTS AND SERVICES, OR INADEQUATE DELIVERY OF ANY PRODUCTS AND SERVICES; (III) ANY USE OR INABILITY TO USE ANY PRODUCTS AND SERVICES; (IV) ANY USE OF THIS SITE; AND (V) ANY OTHER MATTERS OUTSIDE OF ACTIVE’S CONTROL, REGARDLESS IN EACH INSTANCE OF WHETHER ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO OR ARISING IN CONNECTION WITH ANY BOOKING MAY BE BROUGHT BY YOU MORE THAN SIX MONTHS AFTER THE EARLIER OF THE DATE OF SALE THE PRODUCTS AND SERVICES, COMPLETION OF TRAVEL, AND THE DATE THAT SUCH ACTION HAS ACCRUED.
If, despite the foregoing limitation of liability, Active is found liable by a court of competent jurisdiction for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Active's liability will in no event exceed, in total, the sum of the cash amount actually paid by a Customer to Active as the purchase price for the Products and Services purchased from Active.
You agree to defend and indemnify Active and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Active as a result of (i) your breach of these Terms, or (ii) your violation of any law or the rights of a third party.
18. DISPUTES; ARBITRATION
All Customers irrevocably agree that binding arbitration in New York, New York before one (1) arbitrator shall be the exclusive method (rather than a civil trial, with or without a jury) to resolve any dispute, claim or controversy arising between Active and any Customer, including, without limiting the generality of the foregoing, under these Terms, and/or any Booking of Products and Services made on this Site or through Active’s Reservation Center, or any breach, termination, enforcement, interpretation or validity thereof. In addition to all other matters, the arbitrator shall have exclusive authority to determine any and all issues and matters relating to the scope of the arbitration, the arbitrability of any claim or dispute, the validity of the agreement to arbitrate, and the arbitrator’s jurisdiction. The arbitration and the selection of the arbitrator shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, including the Recommended Arbitration Discovery Protocols for Domestic Commercial Cases as set forth in Rules 16.1 and 16.2, as amended. The arbitrator shall have authority to hold hearings at any location or in any jurisdiction in aid of obtaining information and testimony from third parties. Judgment on the award or any interim award may be entered in any court having jurisdiction. In any arbitration hereunder, the arbitrator shall award to the prevailing party, if any, the reasonable attorneys’ fees and costs reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines that a party prevails on some, but not all, of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator selected shall be a former judge or an attorney with experience as a partner of a major law firm and have at least ten (10) years’ experience with business matters, business relationships and related financial matters. This clause shall not preclude parties from seeking provisional remedies from any court of competent jurisdiction in jurisdiction as may be necessary to preserve the status quo and in aid of arbitration. This arbitration provision shall be governed and interpreted solely in accordance with the Federal Arbitration Act, 9 U.S.C. §§1 et seq.
19. INTELLECTUAL PROPERTY RIGHTS
This Site (including the programming for the Site) and its Content is the sole and exclusive property of Active or its licensors. Active and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and its Content. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Your Comments and Submissions
Any communications or materials you transmit to Active, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Active, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually. Active grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way.
Except as provided above, you may not:
Unless otherwise provided within these Terms, or unless specific applicable law requires Active to allow you to do so, you may not do any of the following without the prior written consent of Active:
Access to certain areas of the Site is only available to registered Customers. If you believe your password has been stolen or is otherwise being used without your authorization, please immediately notify Active and change your password by logging in to the Site and clicking “change password” under the “My Account” link located on the main menu.
Active, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.
20. COPYRIGHT POLICY
You may not use the Site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Active’s policy to terminate privileges of any Customer or other user of the Site who infringes the copyright of others upon receipt of prompt notification to Active by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Active has adopted the following policy concerning copyright infringement. Active respects the legitimate rights of copyright owners and their agents and representatives. Customers and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice and Takedown
If Active receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Active will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Active may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Customers or other users who may be infringers.
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
Email: email@example.com, with a required copy to firstname.lastname@example.org Upon receipt of proper notification of claimed infringement, Active will follow the procedures outlined herein and in the DMCA.
If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Customers who are infringers. So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
22. CONTACT INFORMATION
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or any Booking or Products and Services offered by Active, you may contact our Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays by calling us at 1-800-852-8864 or emailing at email@example.com. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: c/o Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, New York 10965-8705