TERMS & CONDITIONS for Club Xplorer / Exc Adventures LLC (FL, EIN 33-1518089)
These terms & conditions (the “Terms & Conditions”) govern all purchases and sales of rentals, tours, travel, services, giveaways, merchandise and products between Club Xplorer/Exc Adventures LLC, a Florida corporation, doing business from 2063 Pabco rd, Henderson, NV 89011, and all their dealerships & subsidiaries, hereafter referred to as “Club Xplorer” "We" or "Us", and the “Customer”, hereafter referred to as “You” or ‘Your”. These Terms & Conditions, along with your order, confirmed by a written order confirmation and/or rental agreement, and/or invoice, with a payment plan, constitute the entire contract between you and Club Xplorer. By placing an order with Club Xplorer on our website www.clubXplorer.com (also referred to as “Web Shop”) you agree to be bound by these Terms and Conditions, and all the companies and/or partners that will be used to deliver the services and products included in your order. These Terms and Conditions affect your legal rights and obligations. If You do not agree to be bound by the Terms & Conditions, do not place an order with Club Xplorer on our website, www.clubXplorer.com.
Our “Rentals”, “Tours”, “Travel services”, “Give-aways”, “Virtual Guide/Navigation”, all have specific terms and conditions covered under separate sections in Terms and Conditions. No agent, employee or representative of Club Xplorer is authorized to waive our Terms and Conditions or requirements stipulated by the laws and regulations under which Club Xplorer operates.
These Terms and Conditions and other information on www.clubXplorer.com are only available in English. We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time without notice. It is your responsibility to review the most current version of our Terms and Conditions on our website www.clubXplorer.com before placing your order. Any changes to the Terms and Conditions will be effective as of the time of posting on our website and will apply to any order placed from the date of posting forward. While we strive to ensure that all information on our website is updated and accurate, Club Xplorer disclaims any liability for any loss, direct or indirect, arising from the use of or reliance on such information.
You will be notified about all information regarding your booking via the email address or phone number given in your reservation. It is your responsibility to ensure that you provide us with your current e-mail address and phone number. It is also your responsibility to “whitewash” our e-mail info@clubXplorer.com from your spam filter since it will be used to send you all necessary information regarding your reservation.
GENERAL TERMS
To purchase www.clubXplorer.com you must be 21 years old, have at least one year of driving experience on a heavy motorcycle (minimum 500cc), RV or car, as applicable, a driver's license valid for the operation of the subject vehicle and a credit card from a major card company (Visa, MasterCard, etc.). No debit or pre-paid cards are accepted.
By placing an order on www.club Xplorer.com, you agree to and accept our Terms and Conditions as set forth on our web shop, and any other document that you sign; You acknowledge that you have had an opportunity to read and understand the entire Agreement before signing. You authorize us to process a separate credit/debit card voucher in your name for all Charges, including Tolls and Violations, and authorize us to release your billing/services information to third parties for billing/processing purposes. All Charges are subject to final audit. You declare that you have a valid driver’s license authorizing you to operate the vehicle you are renting for the entire rental period. Club Xplorer shall not be liable for any losses resulting from the refusal to approve/accept your driver’s license. You covenant and declare that you carry appropriate levels of travel and medical insurance coverage for the entire rental period.
Consumer purchases are regulated by Consumer & Marketing law, the Personal Data Act, E-Commerce Act, Credit Act.
Where these Terms and Conditions require authorization in writing, that requirement is fulfilled when such authorization in conveyed via email or other digital media.
1. Definitions
"Order/Booking confirmation" means all terms and conditions found in these Terms & Conditions, and includes, but not limited to, any addenda and any additional materials WE provide at the time YOU make a reservation on OUR web shop. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "Our," or "Us" means Club Xplorer, our subsidiaries, affiliates & partners. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
2. Parties’ Contact Information
Vendor: Exc Adventures LLC
Address: 2063 Pabco rd, Henderson, NV 89011,
Tel: +1 (833) 522-4747, Email: info@clubXplorer.com
Customer: The person(s) identified as the customer on the order is/are responsible for providing correct personalia, valid email addresses and telephone numbers, and whitewashing our e-mail address.
3. Reservations and Purchases on Our Website: www.clubxplorer.com.
Reservations can be made by:
Tel: +1 (833) 522-4747 - E-mail: info@clubXplorer.com - Internet: www.clubXplorer.com
To ensure a secure customer experience when ordering on our Web Shop, we have developed the following process:
- Select vehicles & services
- Select add-ons
- Reserve your vehicles and services
- Select payment method
- Order confirmation & Payment receipt (will be sent to you)
Most of our services are ticketless. When booking a rental, tour, product, or service, you must provide your email address and (mobile) telephone number. It is important that your contact information is accurate and up-to-dat,e as it is our only way to contact you and notify you of any important changes to your order.
3.1 Responsibility, Order, and Contract Process
Your order becomes binding when the order is registered in our Web Shop on our server (and Your order does not deviate from the terms offered on our Web shop) and we issue written confirmation of Your order. Read the order confirmation carefully when you receive it to ensure that the confirmation follows your order. Please keep the confirmation for your records.
If our order confirmation includes products and/or services not stated in your order or otherwise set forth on our Web Shop, you should consider our confirmation a new offer which you may decline or accept. If you want to accept this offer, so indicate by return email. If the new terms proposed are not acceptable to you, please also so indicate by return email. In that instance, we will make every effort to satisfy the terms of your original order, which again, must be confirmed by Club Xplorer in writing. If you do not send us a return mail within 3 business days, we will consider it a confirmation of your acceptance of the new offer.
Remember that your username with Us is the email address you provided when ordering.
Please note: it is Your responsibility to submit your name exactly as it is written on your Driver’s License or passport (international customers); all names and letters included and in the correct sequence.
Club Xplorer reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, You grant Club Xplorer permission to contact Your bank to verify name and address.
3.2 Deposit & Payment
Payment of your purchase can be made using a major credit card or by bank wire transfer. By clicking "Place order/Confirm Reservation" at checkout, you give US permission to charge your card(s) according to the specified payment plan below. You also authorize US to re-initiate any charge(s) to your card(s) that are dishonored for any reason. When your booking is confirmed, your card account will be charged as provided below, or, if paying by wire transfer, payment is due on the schedule provided below. If your credit card company rejects the subject charges, we reserve the right to cancel your order and charge a cancellation fee.
A 20% Deposit is required to confirm your total order, or a minimum of USD 300 per vehicle.
The remaining balance of your total purchase (“Balance”) shall be paid no later than 40 days before vehicle pick-up.
If you order additional products or services, you will receive an additional payment or invoice for this order. If you want to pay the “Balance” with another credit card or wire transfer, please contact us at info@clubXplorer.com and make arrangements before the remaining balance due date.
Credit Cards
We accept VISA, MasterCard, American Express, Discover, and Cash.
Payment by Wire Transfer - All wire transfer fees are to be paid by customer.
Company Name: Exc Adventures LLC
Bank Name: Stearns Bank, N.A
Bank Address: 4191 2nd St S, St. Cloud, MN 56301, USA
| Domestic Routing Number: 091910455 | Account Number: 6000006317 |
| International SWIFT/ BIC code: STLIUS42XXX |
Please send a payment notification email to info@clubXplorer.com after completing payment.
NB: Please note that we will not send you receipts or payment confirmation for wire transfer payments, but we will update your booking/account on “My Page”. We will notify you if we are missing payments from you.
3.5 Charges
You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of services, a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your services. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer.
3.6 Cancellation and No-show
All reservations are final. Deposits are non-refundable. In case of illness, where you obtain a doctor’s verification, your travel insurance may cover non-refundable fees (less any applicable deductible).
Your reservation may be cancelled up to 30 or more days prior to the pick-up date with no charge.
Please note: If the full amount of your order is not paid 31 days before departure, your order is considered as not paid and Your order will be cancelled and removed from our systems. Any amount already paid will not be refunded, and we reserve the right to charge a cancellation fee
We strongly recommend that you obtain travel and/or cancellation insurance, which may cover your loss in case of unexpected events.
3.7 Store credit
Store credits are personal and may only be used for reservations booked by and for that specific person. Store Credits can only be used once per payment and expire 1 year after the issuing date. Store credits can only be applied at locations within the same country as the original booking
3.8 Proof of Identity
Your order at Club Xplorer is personal and cannot be transferred to another person. On request, you must be able to present a valid Photo ID. You are also responsible for obtaining all required travel documents, including visas and passports, and for following all laws, regulations, and other regulatory provisions related to travel in all countries with which you have contact during your services and any related travel. Club Xplorer is not liable for the consequences to travelers who have failed to obtain such necessary documents or visas or to comply with such rules, laws, and regulations.
Club Xplorer Services reserves the right to refuse to take on customers who, on demand, cannot produce a valid Photo ID or necessary travel documents such as a passport or visa. If children under 18 years old are travelling with adults other than their parents/guardians, please note that certain destinations require written parental consent. For further info, you can contact the embassy of the country concerned.
4. Responsibility
We are responsible for providing the services listed on your reservation. We carefully select our service providers, but we cannot be held liable for any situations that arise while on their premises. We are responsible for conscientious preparations. We are not responsible or liable for any accidents and cannot be held liable in any way for any occurrence in connection with the operation or the participant’s actions in connection with the tour, which might result in injury, death or other damage to the client, his/her property, or his/her family, heirs, or assigns. We are neither responsible for any delays or changes in schedule or other or any other conditions that may arise on tour.
4.1 Late Fees
Payments not made when due will accrue interest at the rate of 1.5% per month, or the maximum applicable legal rate, if different.
4.2 Special Needs
If you have any special needs/requests regarding your travel, please contact Club Xplorer’s customer service, Tel: +1-(833) 522-4747, to book your services so that Club Xplorer can try to accommodate your specific needs.
5. Information Provided on the Web Shop
We strive to provide our customers with as accurate information about our travel services and products as possible. We do, however, disclaim any typographical or technical errors in text, prices, and images that may occur, which may result in a situation where we cannot deliver according to the information available on our Web Shop, advertisements, marketing or otherwise.
The images, logos, copy, and trademarks contained in this site, including but not limited to the text, images, audio, or video, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the
express written permission of Club Xplorer or the official holder of the copyright or trademark. Club Xplorer is not responsible for the specific content and/or images contained on this site. Please contact Club Xplorer if you have questions or concerns about the site content.
Our web may contain links to other web sites that are owned and operated by third-party vendors and other third parties (hereafter referred to as “External Sites”). You acknowledge that Club Xplorer is not responsible for the availability of, or the content located on or through, any External Site. Please contact the site administrator or Web master of those External Sites if you have any concerns regarding such links or the content located on these Sites.
6. Pricing
The total cost of your purchase will appear on your order confirmation, subject to the provisions below.
7. Personal Information / Privacy Policy
We collect, process, and use only the personal information you provide to us, which is necessary for us to fulfill our obligations to you. In cases where we process personal information for other purposes, for example, to send you details of special offers, this is done only when you have agreed to it. Before you agree, you will be informed of what information is used and by whom.
We reserve the right to run a credit check on you. You authorize Us to run a credit check and You agree to provide us with such information as is necessary to do so, including Your passport number, CPR, CVR or Social Security number, or equivalent and date of birth to verify that our customers are over 18 years, and that those who shall participate as vehicle drivers are above 21 years of age.
Your personal information will only be disclosed to others when:
- You have consented to such disclosure, or
- When it is necessary for Us to fulfill our agreement to you, or
- When required by law.
If you have questions about personal data relating to you, or wish to exercise your right to block or delete such data under the Personal Data Act, please contact us via email info@clubXplorer.com
8. Your Property
You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, managed or stored, or that was left or carried in or on the Vehicle or in our offices,
whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Miscellaneous
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding these services are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with these services or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding these services are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with these services or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
10. Force majeure
If the execution of Your booked services is hindered or prevented (or if opinion of Club Xplorer and Partners are likely to be hindered or prevented) by war, hostilities, blockage, ice, weather conditions, labor conflicts, strikes, restraint of Princes, Rulers or People, seizure under legal process, breakdown of vehicles, illness, pandemic, congestion, local and/or national government regulations and/or restrictions, travel regulations and/or restrictions or any other cause whatsoever, Club Xplorer may cancel Your services without liability to refund any payments or fares paid in advance.
11. Disputes
The parties shall attempt to resolve any disputes amicably. Provided the Parties are not able to agree upon an amicable settlement within a reasonable time, and no later than thirty (30) calendar days after initiation of the settlement. discussions, the dispute, controversy, or claim arising out of or in relation to these Terms and Conditions, and including disputes regarding the validity of this Article concerning venue, shall be resolved through the procedures of the American Arbitration Association (the “AAA”). The place of Arbitration shall be within Kissimmee County, Florida, USA, unless the parties mutually agree otherwise. Provided the dispute in question amounts to Two Hundred and Fifty Thousand US Dollars (US $250,000) or less, the Arbitration Panel shall consist of one (1) arbitrator. Provided the dispute in question exceeds Two Hundred and Fifty Thousand US Dollars (US$ $250,000), the Arbitration Panel shall consist of three (3) arbitrators. The Arbitration Panel shall award the prevailing Party compensation for reasonable attorneys’ fees and costs. In agreeing to this arbitration provision, the Parties understand and acknowledge, and willingly agree, that they are waiving any right they may have to a court or jury trial. Despite the arbitration procedure agreed upon above, the Parties shall not be precluded from seeking preliminary injunctions or other equitable relief via the appropriate judicial authority, where warranted.
Claims that are statutorily barred from being resolved by arbitration shall be resolved by the Florida Court in Orlando County having venue over the dispute. The prevailing Party shall be entitled to reasonable attorney’s fees and costs.