eGift Card Terms and Conditions
- General Terms
Pier 35 Events, Inc., an affiliate of WorldChoiceTravel.com, and under an exclusive license agreement with Travelocity, LP, (“Travelocity Incentives”), designated CashStar, Inc., a Delaware corporation (“CashStar”) as its agent to distribute Travelocity Hotel eGift Cards. “Distribute” means that CashStar is Travelocity Incentives’s authorized agent to (a) receive purchaser payments for Travelocity Hotel eGift Cards purchased at https://travelocity.cashstar.com, (b) notify purchasers that their purchases have been validated, and (c) notify recipients that they must go to CashStar’s web site to download or print their eGift Card.
The terms and conditions applicable to Travelocity Hotel eGift Cards (such as eGift Card redemption) may be viewed by clicking on the “Terms and Conditions” link at http://www.travelocityincentives.com (the “Travelocity Obligations”). If you have questions about the Travelocity Obligations, you may view Travelocity’s FAQs at http://www.travelocityincentives.com, or you may contact Travelocity’s customer service department at http://www.travelocityincentives.com/CustomerCare.aspx (“Travelocity Customer Care”).
These CashStar, Inc. eGift Card Distribution Terms and Conditions apply only to CashStar’s distribution of eGift Cards and not to any of the Travelocity Incentives Obligations.
- eGift Cards
Travelocity Hotel eGift Cards are redeemable for hotel reservations online solely at http://www.travelocityincentives.com.
Travelocity Hotel eGift Cards are available for purchase here.
No fees of any kind will be imposed on purchasers or recipients of eGift Cards.
- Payment Methods and Payment Validation
Travelocity Hotel eGift Cards may be paid for with a valid VISA, MasterCard, Discover, or American Express. You may not use an eGift Card to purchase other eGift Cards.
CashStar will compare purchaser information provided on the Purchase Page with information provided by purchaser's financial institution. If there is a discrepancy, eGift Card orders may be delayed until all discrepancies are corrected.
- Delivery Information and Requirements for eGift Card Purchasers
After CashStar has validated an eGift Card purchase, CashStar will send a confirmation email to the purchaser’s email address as provided on the Purchase Page (the “Purchase Confirmation”). If CashStar receives notice that a Purchase Confirmation is undeliverable, CashStar will attempt to contact the purchaser for a valid email address. If the purchaser does not receive a Purchase Confirmation within 24 hours after an order is placed, purchaser should verify that a spam filter is not blocking email from email@example.com.
If the date on which the purchaser requests that an eGift Card be delivered has passed and the purchaser has not received a Purchase Confirmation, the purchaser should contact Customer Support and be prepared to provide the order number or the email address provided on the Purchase Page.
CashStar is not responsible for eGift Cards that are undeliverable or not received due to a purchaser’s failure to enter a valid email address for the recipient. Purchaser should verify that the recipient’s email address is correct and contact Customer Support if purchaser suspects the recipient did not receive his/her eGift Card.
- Reasons for Failed Delivery
If purchaser confirms that the recipient has not received his/her eGift Card 24 hours after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
- Spam filter blocked email or routed it to a bulk/spam folder
- Recipient's firewall blocked the email
- Email inbox is over size limit
- Invalid email address
If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.
You may not return or cancel your Travelocity Hotel eGift Card after it is received. Purchasers who wish to cancel an eGift Card purchase order prior to its delivery to a recipient should contact Customer Support prior to the delivery date selected during the purchase process.
- Lost or Stolen Gift Cards
If you suspect that someone has copied or stolen your eGift Card, contact Customer Support immediately. eGift Cards will not be replaced if lost or stolen without the purchaser's confirmation email as proof of purchase. eGift Cards have cash value and should be safeguarded accordingly.
eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Unused value on eGift Cards may not be transferred.
- CashStar's Policies
- Risk of Loss
Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen eGift Cards. If you have any questions, please see the FAQs.
- Travelocity Hotel eGift Card Customer Service
If you need assistance with your purchase or receipt of your eGift Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address. For assistance with redemption, please refer to http://www.travelocityincentives.com.
- Personalized Messaging
If you wish to add a personal message to an eGift Card, simply type your message in the Message field on the eGift Card preview.
Personal messages are limited in length to the space provided on the eGift Card.
There is no additional charge to include a personalized message.
We don't read every gift message, but if we do find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thanks for your cooperation.
- Uploaded Images
You may upload your own image for display on an eGift Card.
There is no additional charge to include your own image.
We reserve the right to replace inappropriate, offensive, or otherwise objectionable images.
We reserve the right to replace images that infringe upon trademark or copyright law.
The following image will appear as a replacement image:
- Limitation of Liability
CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Disputes; Arbitration
Arbitration. Please read this section of this agreement carefully. Purchaser agrees that any dispute will be resolved by binding arbitration. Arbitration replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. Purchaser also agrees any arbitration will be limited to the dispute between purchaser and CashStar and will not be part of a class-wide or consolidated arbitration proceeding.
Agreement to Arbitrate. Purchaser and CashStar agree that any Dispute, except as provided below, will be resolved by arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 and following and the substantive law of the State of Maine (without applying its choice-of-law rules).
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present or future), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e. money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon CashStar’s distribution of eGift Cards, CashStar’s performance under this Agreement, whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning the validity, enforceability, or scope of this arbitration agreement.
Choice of Arbitrator. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association or the National Arbitration Forum. If a purchaser has a Dispute against CashStar, but does not initiate an arbitration or select an arbitrator, CashStar may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017-4605
Website: www.adr.org National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
Website: www.arbitration-forum.com The policies and procedures of the selected arbitration firm will apply provided that these are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this agreement will apply.
Cost of Arbitration. CashStar will pay the filing fee and any costs or fees charged by the arbitrator regardless of whether arbitration is initiated by purchaser or CashStar. Except where otherwise provided by applicable law, CashStar and purchaser will be responsible for their own attorneys’ fees and other expenses. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Place of Arbitration. Unless a CashStar and purchaser agree to a different location, the arbitration will be held in the same city as the U.S. District Court closest to purchaser’s then-current mailing address.
Waiver of Rights. Purchaser is waiving his/her right to a jury trial, to have a court decide the Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party, except that CashStar and purchaser agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving the individual disputes between CashStar and purchaser. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration is to be determined solely by a court of competent jurisdiction and not by the arbitration firm or arbitrator. If the court refuses to enforce the class-wide arbitration waiver, or if an arbitration firm or arbitrator fails or refuses to enforce the waiver of class-wide arbitration, CashStar and purchaser agree that the Dispute will proceed in court and will be decided by a judge, sitting without a jury, under applicable court rules and procedures.
Applicable Law and Judicial Review. The arbitrator will apply applicable federal and Maine substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator will make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award will be supported by substantial evidence and must be consistent with this Agreement and applicable law or may be set aside by a court upon judicial review. Either party may seek judicial review of the arbitrator’s decision according to applicable law.
Other Provisions. This arbitration provision will survive: (i) termination or changes in this Agreement or the relationship between CashStar and purchaser concerning CashStar’s distribution of eGift Cards, and (ii) the bankruptcy of any party.
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