These conditions of use
confirm the entire understanding between the Gift Certificate/Incentive Certificate
Purchaser (“Purchaser”) and Montrose Travel (“MT”) in
connection with the sale of the enclosed Gift Certificate(s)/Incentive Certificate(s)
(“Certificate”). The parties both agreed to the terms below upon
payment by Purchaser and acceptance by MT of Purchaser’s payment.
1. Term:
Incentive Certificate(s) must be used within the dates stated on the Incentive
Certificate. Gift Certificate(s) expire after two years after date of purchase.
2. Certificates:
MT has sold to Purchaser Gift Certificate(s) (“Gift Certificate”)
which is to be used off any published Montrose Travel fare, at the face value
of the Gift Certificate and valid for travel only. Or, MT has sold to Purchaser
Incentive Certificate(s) (“Incentive”) which is to be used off the
supplier provider at the face value of the certificate.
Such Certificate(s)
are subject to all the terms and conditions listed on the Certificate(s) and
below. Purchaser shall be responsible for advising the recipient of the Certificate(s)
of the terms and conditions of the Certificate(s). Certificate(s) will not be
replaced if lost, stolen, or destroyed. Certificate(s) are nontransferable and
nonrefundable. Certificate(s) will be void if altered and where prohibited by
applicable law. Incentive(s) and/or Gift Certificate(s) are not redeemable for
cash and are void if sold for cash or other consideration. Incentives are for
personal use only and may not be used for business travel.
3. No advertising,
marketing, or distribution: By purchasing the Certificate(s), you have
agreed that you will not market, advertise, issue, sell, or otherwise distribute
the Certificate (s) over the Internet.
4. Payment:
Purchaser will pay all amounts due in full prior to the issuance of any Certificate(s).
All sums shall be paid by check or credit card.
5. Trademark
and Domain Ownership: “Montrose Travel” refers to Montrose
Travel and its successors, subsidiaries, affiliates, parent companies, general
partners, limited partners, predecessors, and assigns. The “MT Marks”
refers to any trademark, tradename, trade dress, servicemark, domain name, or
other indicia of ownership owned or used by Montrose Travel. No right, property,
license, permission, or interest of any kind in or to the MT Marks is or is
intended to be given or transferred to or acquired by Customer. Customer agrees
that they shall in no way contest or deny the validity of, or the right or title
of Montrose Travel in or to the MT Marks, and shall not encourage or assist
others directly or indirectly to do so. Customer shall not utilize the MT Marks
in any manner. Customer shall not use or register any domain name that is identical
to or similar to any of the MT Marks.
6. Rules:
Gift Certificate(s) must be redeemed at a designated Montrose Travel location.
Incentive(s) must be redeemed through the processes listed on the incentive
certificate.
Gift Certificate(s)
are valid for travel through MT only. MT’s obligation to issue tickets
is subject to availability. Reservations must be made a minimum of 60 days prior
to departure. Travel must be completed within one year of purchase and is subject
to certain blackout dates, rules and restrictions. There is no cancellation
or refund policy applicable to this Gift Certificate(s); once redeemed it becomes
null & void. This Gift Certificate is non-transferable, holds no cash value
and must accompany the travel request. Any additional amount is the responsibility
of the travelers and must be paid to MT. Awarded amount must be used in its
entirety upon redemption. Please note that processing fees may be applied. MT
is not responsible for any lost or stolen Gift Certificates. Tickets issued
against Gift Certificate(s) may not be reissued once travel has commenced. Tickets
issued against Gift Certificate(s) may not be combined with any other type of
promotional awards.
7. Force Majeure:
MT shall have no responsibility or liability to Purchaser for any delays or
failures in performance caused by circumstances beyond MT’s control, including
without limitation, strikes, lockouts, or other labor disputes, acts of God,
material shortages, mechanical difficulties, riots, acts of war or other hostilities,
governmental regulations or activities, fire, earthquakes or other natural disasters.
The Incentive(s) and/or
Gift Certificate(s) and their use shall be governed by and interpreted pursuant
to the laws of the state of California without regard to choice of law principles.
