Smart Dream Vacations is registered with the State of NV as a Seller of Travel. Registration No. 20232870624. Licensees will receive an email within 24-48 hours after both execution of agreement and completion of full down payment, for the travel savings program. This email will include login credentials to the Smart Dream Vacations Members Only website. By signing this application, I acknowledge and agree to the Smart Dream Vacations Terms and Conditions and authorize Smart Dream Vacations to contact me regarding my membership.
Smart Dream Vacations Services License. The Smart Dream Vacations Services License acquired by Licensee from Licensor hereby entitles Licensee to receive the travel benefits and other related services (the network benefits), on a non-exclusive basis for a period of twelve (12) months following the Effective Date of this Agreement (the “Initial License Term”). Licensee represents and agrees that they are at least 21 years of age, have the capacity to understand and make use of the network benefits and that the benefits are for personal enjoyment and vacation experience only.
Renewal/Transfer. Licensee may renew the License annually thereafter at a cost of $149 per year. The annual renewal fee is subject to change at the sole discretion of Smart Dream Vacations and the Network Administrators. Licensee may, at the sole discretion of the Licensor and/or the Network Administrator, be permitted to transfer or assign their rights to network benefits to a designated natural person for the sum of U.S $250.00. Any such request must be made in writing, is subject to completion and approval of an application by the proposed transferee, who shall be bound by all terms and conditions therein. Licensee must be in good standing to maintain access to the program and be eligible to renew or transfer.
Good Standing. Good Standing means the Licensee has completed payment for the program or is current with payments due to the Licensor under any payment plan agreement. Is current with any payments due to the administrator, for use of any network benefits and is compliant with all terms and conditions. The network benefits shall be further described along with terms and conditions on the network website (http://www.smartdreamvacations.com), with any Network rules and regulations as may exist from time to time, and in such other materials as may be provided to Licensee from time to time, all of which shall be deemed to be incorporated herein (collectively the “Network Materials”).
Smart Dream Vacations (“Licensor”) has granted and sold the License to Licensee hereunder. All rights and obligations of Licensor under this Agreement shall be performed by Licensor, or its authorized agents, representatives, vendors, successors or assigns.
Network Administrator. Licensor is responsible for administering the Network and providing the network benefits and is the “Network Administrator”; provided, however, Licensee acknowledges and agrees that Licensor may contract with one or more third parties to administer the network and provide the network benefits and, in this event, such third party shall be deemed to be the “Network Administrator” for so long as such third party contracts with Licensor to administer the network and provide the network benefits. Neither the Network Administrator nor any of its principals have any material legal or beneficial interest in or right of control over Licensor. The Network Administrator is a separate and distinct entity from the Licensor and Licensor’s offer and sale of the License hereunder is separate and distinct from the Network Administrator. In the event of any changes to the Network Administrator, Licensor shall promptly notify Licensee as applicable, as Network Administrator hereunder shall immediately terminate. Licensor has arranged with Network Administrator to implement the Automatic Payment Program through the network website.
Travel Services/Reservations. All reservations are (i) satisfied on a first come, first served, space availability basis and (ii) must be reserved either on-line through the network website or by calling the Reservation Center. Licensees are advised to make travel arrangements as early as possible to enhance the probability of their preferences being available and to be flexible in their travel plans in order to obtain desired reservations. If Licensee makes or receives a reservation or other network benefit and for reasons beyond the control of Licensor or Network Administrator there is a delay or impossibility of performance, Licensor and/or Network Administrator shall at its sole discretion either provide alternative accommodations during an agreeable time or refund the amount paid. Any such refund will under no circumstances, exceed the actual amount paid to the Licensor and/or Network Administrator for such reservation and refund will be made in the manner agreed to between the parties. Reservations do not include and Licensees are responsible for paying all applicable fees at the time of making the reservation, including the reservation fee, transportation, food, liquor, applicable taxes, tips, port charges, baggage fees, telephone calls, or other resort specific charges (e.g. cleaning fees, energy surcharges, foreign country exit fees, or amenities fees) and other fees and/or charges as may be imposed by the various providers of travel and other related products and services, or other items of a personal nature, all of which are the sole responsibility of Licensee, unless specifically included in the reservation or as a network benefit.
Personal Use Only. Accommodations obtained pursuant to a reservation shall be used by Licensee only for vacation and leisure purposes and shall not be used as a principal residence or for the operation of any business. Only Licensee, and their permitted guests and invitees shall occupy such accommodations or otherwise avail themselves of the benefits associated with the network benefits. Licensees and any additional travelers or guest pass holders and accompanying family members including minor children, shall abide by and adhere to all rules and regulations established by the provider in connection with the occupancy of accommodations and use of related facilities, including accommodation occupancy limits. Licensee and/or their additional travelers and guest pass holders shall be personally responsible for any damage to the accommodation(s) and facilities occurring during their occupancy and use.
Travel Reservations. All confirmed reservations are subject to the cancellation terms in effect at the time of booking. Network Administrator will provide Licensee with a confirmation via electronic mail showing reservation details. The person named on the confirmation must be present in order to check-in and obtain the reserved accommodations.
Third Party Vendors, Providers and Suppliers. Licensee acknowledges and agrees that Network Administrator may contract with third party vendors, providers, and suppliers to provide any or all network benefits available to Licensee in connection with the License. In all instances, the Network Administrator is acting as a separate entity from those third-party suppliers and no supplier is an agent or employee of Network Administrator. Neither Licensor nor the Network Administrator (if other than Licensor) accepts any liability for any actions or omissions of any third-party supplier providing any network benefits. All coupons, receipts, and tickets are issued subject to the terms and conditions specified by each of the various suppliers. Network Administrator reserves the right, in its sole discretion, to add, remove or substitute any such third-party vendors, providers or suppliers. Licensee acknowledges and agrees that he/ she has not purchased the License in reliance on the existence of any specific vendors, providers or suppliers.
Additional Travelers and Guest Passes Compliant Member Licensees may add 10 (Ten) additional natural persons to their membership and such additions should be family members. Member Licensees may also allocate 10 (Ten) guest passes per year, which are currently free of charge but subject to change at Licensor or Network Administrators sole discretion. All additional travelers, guest pass recipients and any associated travel arrangements are bound by the same terms and conditions as the Licensee.
Payment Agreement Terms. Licensees are required to adhere to the payment program details herein and agreed to on the Promissory note and any payment authorization form. All Licensees are required to maintain a valid credit/debit card or other method of payment on file with the Licensor. Such payments, fees or charges are payable on demand and in U.S. Dollars to Smart Dream Vacations, LLC and may be satisfied electronically, or charged to Licensees credit/debit card or other payment method on file with Licensor, or may be received at Smart Dream Vacations, 4785 South Durango Drive, Ste. 204 Las Vegas, NV 89147 according to the terms agreed. Such charges are hereby expressly authorized. Failure to make timely payments and/or delinquency of 30 days or more, may result in suspension of network benefits. Continued failure to bring account into order is grounds for immediate termination of network benefits and acceleration of all remaining amounts owed. By agreeing to these terms, Licensee agrees that Licensor is authorized to charge any outstanding amounts to any payment method on file. Prevailing party in any legal action will be entitled to claim reasonable legal expenses and costs from the other party. Regardless of whether Licensor and/or Network Administrator engages in legal action with regard to outstanding/delinquent payments due, there will not be any case for a refund of previous payments made by Licensee up to time of default and/or termination of network benefits. A $25 SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 90 DAYS PAST DUE, THE ACCOUNT WILL BE REFERRED TO A COLLECTION AGENCY. If the Member is paying monthly dues by electronic funds transfer (EFT), the Club reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement. NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Breach of terms and conditions. Licensor and Network Administrator at their sole discretion shall be entitled to suspend and/or terminate access to network benefits upon breach of any provision of this agreement including, but not limited to, any failure to make the agreed upon payments due to the Licensor, failure to make payments for any benefits or travel booked through the Network Administrator and/or failure to comply with vendor terms and conditions or local laws during the use of any benefits. All monies previously paid by the Licensee to the Licensor, the Network Administrator or any other party providing benefits will be retained as agreed upon liquidated damages and not as a penalty.
Release. Licensee(s) and any persons using network benefits of any kind whatsoever, whether as an added member, guest pass recipient, family member, or travel companion hereby agree to hold harmless, release, defend and indemnify Licensor and Network Administrator from any and all loss, cost, damage, liability, injury or death that may result from the use of the network benefits. You are also agreeing to the release and waiver of certain rights on behalf of your minor children. You agree not to sue, make a claim or file a lawsuit against any released party.
Notices. Any notice due under this agreement shall be delivered to the last known address of the Licensee by certified mail, return receipt requested and will be effective 3 (three) days after placing same in the U.S Mail postage paid. Any notice due to the Licensor shall be delivered in writing via certified mail to the address herein unless an alternative address has been communicated to the Licensee. You acknowledge that this agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Nevada and that Clark County, Nevada shall be the exclusive jurisdiction for all disputes arising out of this agreement to which you hereby consent and subject yourself. Should any part of this agreement be deemed invalid, the remaining parts of this agreement shall remain in full force and effect as though any unenforceable part or parts were not herein.
