Trafalgar Gift Card Terms

This Trafalgar Gift Card Agreement states the terms that apply to the preloaded account of your Trafalgar Gift Card. By using your Trafalgar Gift Card, you agree to these terms. Please keep a copy of this agreement for your records. 

About Your Card 

The Trafalgar Gift Card is issued by Trafalgar. It allows you to use the dollar value loaded onto your Trafalgar Gift Card for future vacation purchases at Trafalgar. The dollar value loaded onto your Trafalgar Gift Card may be applied only to the cost of a Trafalgar vacation in US Dollars.  No credit card, credit line, overdraft protection or deposit account is associated with a Trafalgar Gift Card.  Unless required by law or permitted by this agreement, any amount on your Trafalgar Gift Card is nonrefundable and may not be redeemed for cash. No interest, dividend or any other earnings on funds loaded onto a Trafalgar Gift Card will accrue or be paid or credited to you. The value associated with the Trafalgar Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC).  

We reserve the right not to accept a Trafalgar Gift Card or to limit use of a Trafalgar Gift Card if we believe the use is or may be unauthorized, fraudulent, unlawful or suspicious.  

Verification Code 

At time of Gift Card redemption, the three-digit verification code found on the back of the Gift Card will need to be provided to Trafalgar. Gift Cards with the three-digit verification code 128 are limited to five per transaction (a transaction is defined as a per person, per trip booking; if two trips are booked for one person (i.e. back to back) this is considered two transactions). 

Fees and Expiration of Card Balances 

Trafalgar does not charge a fee for the issuance, activation or use of your Trafalgar Gift Card. Your Trafalgar Gift Card has no expiration date.

Receipts and Statements 

Cardholders are not sent statements of transactions from a Trafalgar Gift Card account. You can check the balance of your Trafalgar Gift Card by calling 1-866-794-4839. You will need to have your Trafalgar Gift Card available in order to access your account. 

Billing Errors, Corrections 

We reserve the right to correct the balance of your Trafalgar Gift Card account if we believe a clerical, billing, accounting or other error occurred. If you have questions regarding your Trafalgar Gift Card balance, please call 1-866-794-4839. We shall have no liability for any error, except to correct the value. You should monitor your transactions and account balances closely. 

Liability for Unauthorized Transactions 

Because your Trafalgar Gift Card is used like cash toward the purchase of a Trafalgar vacation, you are responsible for all transactions associated with your Trafalgar Gift Card, including unauthorized transactions.

If your Trafalgar Gift Card becomes lost, stolen or damaged, you should contact us immediately by calling 1-800-854-0103. Your Trafalgar Gift Card balance is only protected from the point in time you notify us that your Trafalgar Gift Card is missing. We will freeze the remaining balance on your Trafalgar Gift Card at the time you notify us and will load the remaining balance on a replacement Trafalgar Gift Card. 

Privacy Statement

For information concerning how we collect, use and disclose information concerning the Trafalgar Gift Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement or call 1-800-854-0103 and ask us to mail you a copy. 

Changes to This Agreement 

We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. We will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Trafalgar Gift Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Trafalgar Gift Card after such notice period. If you do not accept the changes, additions or deletions, your Trafalgar Gift Card will be cancelled and any amounts remaining on your Trafalgar Gift Card will be refunded to you. 

Cancellation of This Agreement 

We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Trafalgar Gift Card. If we terminate this agreement without cause, we will refund the balance held in your Trafalgar Gift Card account less any amounts that you may owe us. 

Arbitration Rights

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

Binding Arbitration

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Trafalgar Gift Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures

You must first present any claim or dispute to us by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Anaheim, California and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Costs of Arbitration

All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Waiver of Punitive Damage Claims and Class Actions

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Governing Law – California

This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

Trafalgar and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Trafalgar Gift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Trafalgar does not represent or warrant that your Trafalgar Gift Cards will always be accessible or accepted.


In the event that Trafalgar or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Trafalgar Gift Card. Trafalgar and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives were advised of the possibility of such damages. In no event shall Trafalgar or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Trafalgar Gift Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.


The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement, Construction

This agreement is the complete and exclusive statement of agreement between you and Trafalgar Tour West, Inc. (referred to as “Trafalgar”), and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Questions

If you have any questions regarding this agreement or your Trafalgar Gift Card, please visit our web site at www.trafalgar.com or call us at 1-800-854-0103.

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