ORBITZ REWARDS VISA® CARD TERMS AND CONDITIONS
All of the Program Terms are subject to the Jury Trial Waiver and Arbitration Provision in your Credit Card Account Agreement.
Please read the following Terms carefully. They contain important information about your Rights and Obligations in the Orbitz Rewards Visa Card Program.
Orbucks accrued under this Orbit Rewards Visa Card Program do not expire as long as a purchase activity occurs on the card once every 12 months. See paragraph 6 for full details. You may redeem unexpired Orbucks at www.orbitz.com. You will not be charged fees in connection with the Orbucks. See your Credit Card Account Agreement for any fees that you may incur for using your Orbitz Rewards Visa card.
Orbitz is solely responsible for the operation of the Orbitz Rewards program. Orbitz may change the Orbitz Rewards Terms and Conditions at any time.
The Orbitz Rewards Visa Card is issued by Comenity Capital Bank, pursuant to a license from Visa U.S.A. Inc.
1. General Information; Definitions; Changes. The Orbitz Rewards Visa Card Program (the “Program”) allows you to earn Orbucks (as that term is defined in the Orbitz Rewards Terms and Conditions, available at www.orbitz.com/rewards) on the dollars you spend as described in Section 3 below, using your Orbitz Rewards Visa Account (your “Account”). You can then redeem those Orbucks as described in Section 5 below.
These Program Terms are separate and independent from your Orbitz Rewards Visa Credit Card Account Agreement (your “Credit Card Account Agreement”), which governs the use of your Orbitz Rewards Visa Card (your “Credit Card” or “Card”), and the Orbitz Rewards Terms and Conditions, which govern the Orbitz Rewards program. In the event of any conflict between these Program Terms and your Credit Card Account Agreement, these Terms will control in any matter relating to the Program. In the event of any conflict between these Program Terms and the Orbitz Rewards Terms and Conditions, the Orbitz Rewards Terms and Conditions will control in any matter relating to the Orbitz Rewards program.
In these Program Terms, “Cardholder”, “Participant”, “you” and “your” mean the Account holder. “Bank”, “we,” “our,” “ours,” and “us” mean Comenity Capital Bank or its assignees. Other capitalized words not specifically defined have the same meaning as in your Credit Card Account Agreement. The Program is not available to the extent it is prohibited by federal, state, or local law. These Program Terms contain the entire understanding between you and us regarding the Program. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.
2. Eligibility. If you are not already an Orbitz Rewards member, you will be automatically enrolled in Orbitz Rewards when you open your Account. Orbucks earned under the Program are transferred to your Orbitz Rewards account with Orbitz at statement cycle, or as described in these Terms and Conditions. To remain eligible to earn Orbucks under the Program, your Account must be in Good Standing. “Good Standing” means your Account is open to new charges and is not (1) more than 60 days past due under the Credit Card Account Agreement or (2) flagged as lost, stolen, or fraudulent according to Bank’s written or electronic records. Membership in the Program will be renewed automatically each year as long as your Account is in Good Standing, unless you notify us of cancellation. Notwithstanding anything to the contrary in these Program Terms, we reserve the right to approve, deny or revoke membership in the Program to any individual for any reason whatsoever.
3. Earning Orbucks. You will earn Orbucks for Net New Purchases on your Account so long as your Account is in Good Standing. The number of Orbucks earned depends on where the Net New Purchases are made. You will earn:
Five (5) percent per dollar spent ($100 spent equals $5 in Orbucks) at the time of purchase for each $1.00 of Net New Purchases, of stand-alone flight bookings, package bookings, pre-paid stand-alone hotel bookings that show an Orbucks earn amount, cruise bookings, and activities and services bookings other than event tickets bookings made on www.orbitz.com or through the Orbitz mobile app. For the avoidance of doubt, rental car bookings made on orbitz.com or through the Orbitz mobile app do not earn five (5) percent; they are, however, eligible for two (2) percent earn as described below. In order to receive five (5) percent on eligible Net New Purchases on www.orbitz.com or through the Orbitz mobile app, you must pay directly with your Card, and not indirectly via an online payment system such as Google Wallet or PayPal.
Two (2) percent per dollar spent at the time of purchase for each $1.00 of Net New Purchases made everywhere else Visa is accepted. ($100 spent equals $2 in Orbucks).
There is no limit to the amount of Orbucks you can earn annually using the card; the five (5) percent earn on eligible Orbitz bookings and two (2) percent on all other purchases are NOT subject to air cap.
See summary of Orbitz Rewards Program Terms and Conditions included in this brochure or the full Terms and Conditions at www.orbitz.com/rewards for additional details.
Orbucks cannot be redeemed for cash value. Orbucks may not be assigned, sold, transferred, and/or pledged to any third party or to another account. You have no property rights or other legal interests in Orbucks. You are responsible for any personal tax liability that may be related to participation in Orbitz Rewards and redemption of any Orbucks.
“Net New Purchases” means purchases of goods and/or services made by the Cardholder or any Authorized User of the Account minus any returns, refunds, or credit adjustments, rounded to the nearest dollar. Orbucks awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Orbucks total. Such deductions may result in a negative Orbucks balance, in which case, any Orbucks you earn will be applied to reduce that balance and you will not be able to redeem Orbucks until you again have a positive balance, as reflected by an Orbucks balance greater than $0 on www.orbitz.com.
Orbucks are not earned on: balance transfers; convenience checks; cash advances; overdraft advances; unauthorized or fraudulent charges; purchases of money orders, travelers checks, foreign currency or other cash equivalents; purchases made by or for a business or for a business purpose; or interest or fees.
If your Account is not in Good Standing, your Orbucks will continue to accumulate for your purchase activity in the Program; however, those Orbucks will not transfer to your Orbitz Rewards account until the end of the billing period in which your Account is once again in Good Standing.
Orbucks earned by using the Orbitz Rewards Visa Card will be posted to your Orbucks balance on www.orbitz.com within 1-2 billing cycles and will be available for redemption at that time. We reserve the right to verify and adjust Orbucks at any time prior to or following posting or redemption. There is no maximum number of Orbucks that may be earned per billing cycle or year under this Program.
4. Orbitz Rewards Gold Member Status. By participating in the Program, you will be granted Gold member status in the Orbitz Rewards program, but you will not receive credit for any eligible room night stays otherwise associated with Gold member status, as described in the Orbitz Rewards Terms and Conditions (which can be found at www.orbitz.com/rewards). Your Gold status will be maintained as long as you make a purchase on your Card at least once every 12 months. Gold status earned solely by membership in the Program will expire one year after your last purchase on your Card. Benefits associated with Gold member status are explained in the Orbitz Rewards Terms and Conditions.
6. Redeeming Orbucks. Orbucks can be redeemed in accordance with the Orbitz Rewards Terms and Conditions, which can be accessed at www.orbitz.com/rewards. A summary of the Orbitz Rewards Terms and Conditions is set forth below.
7. Point Expiration and Forfeiture. Orbucks earned in this Program will not expire as long as you remain active on the Card. “Active” is defined as one purchase every 12 months. If you do not remain active on the Card, Orbucks accrued under this Program will expire one (1) year from the date of your last billing cycle that showed purchase activity on your Card. Once Orbucks expire, they may not be redeemed. You will also forfeit Orbucks not yet transferred to your Orbitz Rewards account if you attempt to violate the prohibitions on the transfer of Orbucks, if you file for bankruptcy, or if we or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Orbucks that expire or are forfeited.
8. Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information at the Program website, www.comenity.net/orbitz.
9. Program Activity. You can view your Program activity on the Orbitz website at www.orbitz.com, which will show the number of unused and unexpired Orbucks in your Orbucks balance and any redemption activity. You can also call us at 1-855-497-8157 (TDD/TTY 1-888-819-1918) to find out whether you earned Orbucks from a particular transaction.
10. Customer Service. Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Credit Card Account Agreement, do not apply to the Program. If you believe that a purchase made with your Card should have resulted in the addition of Orbucks to your accumulated Orbucks balance, and such Orbucks are not reflected in the accumulated Orbucks balance within sixty (60) days of the date on which the purchase posted to your Account (“Orbucks Dispute”), notify us immediately. We will use reasonable efforts to investigate your Orbucks Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such ninety (90)-day period, you will have waived your right to make an Orbucks Dispute with respect to that purchase. In order for us to undertake an investigation of your Orbucks Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Orbucks Dispute. Upon completion of our investigation of your Orbucks Dispute, we will have no further responsibilities should you later reassert the same Orbucks Dispute.
All disputes related to the Program, including any Orbucks Disputes, are subject to the Jury Trial Waiver and Arbitration Provision in your Credit Card Account Agreement.
11. Limited Liability. We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. We will not lose any of our rights under these Program Terms if we delay taking action for any reason. If we take any other action, we will not lose any rights under these Program Terms.
Unless otherwise required by law or our agreements with you, neither we nor Orbitz, nor any of our or its affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to any redemption of Orbucks obtained through the Program; (c) any loss, damage, expense, or inconvenience caused by any occurrence outside of our control; (d) any content, products, or service appearing on a website to which we provide a link from www.orbitz.com or www.comenity.net/orbitz or (e) any taxes that you incur as a result of receiving or redeeming Orbucks. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to a dollar amount equal to the amount of any Orbucks you have earned in accordance with these Program Terms.
12. No Warranties. We do not: (a) endorse Orbucks or products purchased at Orbitz; (b) make any express or implied warranty regarding Orbucks or products purchased at Orbitz; (c) guarantee the performance of Orbucks or products purchased on Orbitz; or (d) operate or control Orbucks offered through this Program.
13. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-855-497-8157 (TDD/TTY 1-888-819-1918). If you cancel your participation in the Program, you will no longer earn Orbucks and, as previously noted, you will forfeit Orbucks not yet transferred to your Orbitz Rewards account.
14. Lost, Stolen or Damaged Cards. You will not lose your unused and unexpired Orbucks if your Card is lost, stolen, or damaged and we provide a replacement Card, even if such replacement Card has a different account number. However, if your Card is reported as lost, stolen, or damaged, you will not earn Orbucks until we provide a replacement Card.
16. Not Transferable. Orbucks are not your property and are not transferable to anyone by operation of law or otherwise. Orbucks may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold, or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Orbucks, either wholly or partially, shall forfeit any unused Orbucks and be liable for payment of US$1 for each $1 in redeemed Orbucks that were earned through the Program, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney’s fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Orbucks shall likewise be void and will be deducted from your Orbucks balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Orbucks.
17. Taxes. You are solely liable for any applicable federal, state, or local income, sales, use, or other taxes arising out of the accrual or use of Orbucks. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
18. Severability. If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
19. Governing Law. The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions.
20. Waivers. We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
SUMMARY OF ORBITZ REWARDS TERMS AND CONDITIONS
THIS IS MERELY A SUMMARY OF THE ORBITZ REWARDS TERMS AND CONDITIONS, WHICH CAN BE FOUND IN FULL AT WWW.ORBITZ.COM/REWARDS. BY OPENING AN ORBITZ REWARDS VISA® CARD, YOU AGREE TO BE BOUND BY THE ORBITZ REWARDS TERMS AND CONDITIONS. BE SURE TO READ THE FULL TERMS AND CONDITIONS AT WWW.ORBITZ.COM/REWARDS FOR ADDITIONAL DETAILS ON THE ORBITZ REWARDS PROGRAM. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SUMMARY AND THE ORBITZ REWARDS TERMS AND CONDITIONS, THE ORBITZ REWARDS TERMS AND CONDITIONS WILL CONTROL. CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE ORBITZ REWARDS TERMS AND CONDITIONS.
You must be enrolled in the Orbitz Rewards Program and signed in to Orbitz.com prior to completing an Eligible Booking in order to earn Orbucks for that Eligible Booking. If You enroll in Orbitz Rewards after completing an Eligible Booking, even if You enroll before travel is completed, You will not earn Orbucks on that Eligible Booking. Orbucks will be awarded only to the account of the Orbitz Rewards member who made the Eligible Booking; additional individuals named as travelers on the itinerary will not earn Orbucks. If booking a trip for another individual as a travel arranger, the Orbitz Rewards Program account linked to the Member ID used to book the travel will earn Orbucks for the Eligible Booking.
Eligible Flights: You will earn a percentage of the cost of Your Eligible Flight booking up to a maximum earn of $50 in Orbucks annually per member, unless otherwise specified in the terms and conditions of any offer or promotion awarding bonus Orbucks. You will only earn Orbucks on the amount paid. Orbucks will not be earned for any change or cancellation fees imposed by an airline or Orbitz for changing or cancelling a flight. To see what percentage earn amount is in effect at any given time, visit www.orbitz.com/rewards/benefits.
Eligible Hotels: You will earn a percentage of the amount paid to Orbitz for Your Eligible Hotel booking. You will not earn Orbucks on any charges collected directly by the hotel, e.g., resort fees, room service, room upgrades. To see what percentage earn amount is in effect at any given time, visit www.orbitz.com/rewards/benefits.
Eligible Packages: You will earn a percentage of the amount paid to Orbitz for Your Eligible Package booking. You are eligible to earn Orbucks for a price difference due to an addition or exchange. For example: if You add an additional night at an Eligible Hotel for an existing reservation, You will earn Orbucks on the amount paid for the additional night. You will not earn Orbucks for any fees associated with a post-purchase update to the itinerary (change, cancel, etc.) or for any charges collected directly by the hotel (resort fees, room service, room upgrades, etc.). To see what percentage earn amount is in effect at any given time, visit www.orbitz.com/rewards/benefits.
After completing an Eligible Booking, the amount of Orbucks earned for that Eligible Booking (other than any Orbucks earned pursuant to (i) a then-active promotion, (2) the Orbitz Rewards Visa® Card program, (3) the Best Price Guarantee, and (4) the Refer a Friend program) will be immediately deposited in your account. You can view your Orbucks balance in the “My Orbucks Activity” section of Your “My Account” page. Changes or cancellations to the Eligible Booking may result in changes to the amount of Orbucks credited/ debited to the member’s Orbitz Rewards Program account for that itinerary.
Orbucks you have earned may be used towards any Orbitz Rewards Hotel booking with a travel date that occurs on or after the travel date of the booking for which the Orbucks are earned. As a result, if you attempt to use Orbucks on an Orbitz Rewards Hotel booking with a travel date that is before the travel date of the Eligible Booking on which some or all of Your Orbucks were earned, You may not be able to apply some or all of Your Orbucks to that Orbitz Rewards Hotel booking. Orbitz Rewards Hotels are designated in hotel search results by an "Orbucks applied” message for that hotel.
When booking, You will have the option to use all Your Orbucks to pay for part or all of the booking (if Your Orbucks balance is greater than amount due). If You choose to use Your Orbucks, we will subtract the amount of the Orbucks you are redeeming from the total amount due for Your booking. If You choose not to use Your Orbucks, they will remain in Your account for future use, subject to any expiration. Orbucks with the earliest expiration date will be redeemed first.
If You make a multiple room booking and You choose to use Your Orbucks, Your Orbucks will be deducted from the total cost of the booking. Orbucks applied to multiple room bookings cannot be selectively applied to any one room but are applied to the overall total cost of the Eligible Hotel booking. In this event, if You subsequently cancel one or more rooms in the multiple room booking, and if You are entitled to a refund, the amount refunded to You will be the cost of the particular room canceled less the amount of Orbucks proportionally applied across all rooms. The amount of Orbucks proportionally applied to the canceled room will be refunded to Your account.
If You choose to redeem Orbucks, then the Orbucks are deducted from Your Orbucks balance immediately. You will earn Orbucks on the portion of Your booking not paid for with Orbucks.
If You cancel a reservation at an Orbitz Rewards Hotel paid in part by Orbucks, the Orbucks used for the Orbitz Rewards Hotel booking may be re-issued to Your account with their original expiration date. Orbucks cannot be used to pay or offset any cancellation fee. All bookings and cancellations are governed by the Orbitz Terms and Conditions and any separate hotel and air supplier policies that may apply.
Orbucks cannot be redeemed for cash. Orbucks may not be assigned, sold, transferred, and/or pledged to any third party or to another account. You have no property rights or other legal interests in Orbucks. You are responsible for any personal tax liability that may be related to participation in the Orbitz Rewards Program and redemption of any Orbucks.
Expiration of Orbucks
Orbucks earned for an Eligible Booking (and not pursuant to (i) a then-active promotion, (2) the Orbitz Rewards Visa® Card program, (3) the Best Price Guarantee, and (4) the Refer a Friend program) expire at 11:59 p.m. Central on the 365th day after they were earned. Once Orbucks expire, they cannot be reinstated under any circumstances.