Contiki Gift Certificate Terms
This prepaid gift certificate is redeemable via Contiki’s Contact Center toward the purchase of a Contiki trip. This certificate may not be returned or redeemed for cash except as required by law. This certificate does not expire and has no fees associated with it. By purchasing or using this certificate you accept the terms. For complete terms, please visit Contiki.com/giftcertificate.
Contiki Gift Certificate Terms
These terms (the "Terms") apply to the purchase and use of a Contiki Gift Certificate. By purchasing or using a Contiki Gift Certificate you agree to be bound by these Terms.
Redemption & Use
Gift Certificates are redeemable via Contiki’s Contact Center. A Gift Certificate may not be returned or redeemed for cash, except as required by law. In some states, a certificate with a minimal cash value (a value less than an amount set by state law) may be redeemed for cash at the consumer’s request. Contiki intends to comply with the law as applicable in the holder’s state. A Gift Certificate does not earn interest. If your purchase exceeds the amount of your Gift Certificate balance, you must pay the difference by another means. Unused Gift Certificate balance is not transferable.
Use and Purchase Restrictions
A Gift Certificate cannot be used as a credit or debit certificate and may not be used to purchase a Gift Certificate. Contiki reserves the right to limit quantities of Gift Certificates purchased by any person or entity. No credit card, credit line, overdraft protection or deposit account is associated with your Gift Certificate.
For balance inquiries or for information about Contiki Gift Certificates, call 1.866.266.8454.
Billing or Charge Error
Contiki reserves the right to correct the balance of the Gift Certificate if Contiki believes or determines that a billing or charging error occurred. Except where prohibited by law.
Expiration & Fees
Contiki Gift Certificates do not expire. There are no fees associated with Contiki Gift Certificates. However, after a period of time, set by law, we may remit the cash associated with an unused Gift Certificate balance to certain states pursuant to their abandoned property laws. After we remit that cash to a state, the Gift Certificate may no longer be redeemed, and we may direct you to that state's government.
Lost, Damaged or Stolen Certificate & Fraud
Please treat your Gift Certificate like cash and safeguard it. A lost, stolen or damaged Gift Certificate may possibly be replaced for its remaining value if you provide satisfactory proof of purchase and the certificate/booking number. This is not a guaranty that Contiki will be able to replace the remaining value. CONTIKI WILL NOT BE RESPONSIBLE FOR A LOST, STOLEN, DAMAGED, DESTROYED OR MISPLACED CERTIFICATE OR A CERTIFICATE USED WITHOUT YOUR PERMISSION. The purchaser or holder bears the risk of loss of a Gift Certificate.
Contiki reserves the right to refuse to accept, deactivate, cancel, suspend, reject or hold for review any gift certificate mistakenly issued in an incorrect amount or issued or obtained, directly or indirectly, in connection with fraudulent or other improper action or activity or in violation of these terms or that Contiki believes or suspects was involved in any of the foregoing. Contiki is not required
to take the lesser of any of these actions.
EXCLUSION OF LIABILITY
GIFT CERTIFICATES ARE PROVIDED ON AN 'AS IS' BASIS. CONTIKI MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY ASPECT, FEATURE OR CHARACTERISTIC OF A GIFT CERTIFICATE. CONTIKI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO A GIFT CERTIFICATE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTIKI DOES NOT REPRESENT OR WARRANT THAT A GIFT CERTIFICATE WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. CONTIKI SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED ON OR RESULTING FROM A GIFT CERTIFICATE, USE OF A GIFT CERTIFICATE, DENIAL OF USE, FAILURE OF GIFT CERTIFICATE OR ANY OTHER GRIEVANCE ASSOCIATED WITH A GIFT CERTIFICATE.
LIMITATION OF LIABILITY
IF THE GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, AND FOR ANY OTHER CLAIM ARISING FROM USE OR INOPERABILITY OF THE GIFT CERTIFICATE, YOUR SOLE REMEDY, AND OUR SOLE AND MAXIMUM LIABILITY, SHALL BE REPLACEMENT OF THE GIFT CERTIFICATE AT OR REFUND OF ITS THEN REMAINING VALUE IN THE EVENT THAT DESPITE THE ABOVE EXCLUSION OF LIABILTY, CONTIKI IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON THE GIFT CERTIFICATE WHICH IS THE SOURCE OR BASIS OF THE CLAIM. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event our Contact Center team is unable to resolve your concern, any dispute arising out of or relating to your purchase, use, failure of or other grievance concerning a Gift Certificate or these Terms will be resolved exclusively through binding individual arbitration, before a single arbitrator, not in court. There are two exceptions. You may bring your claim in small claims court if your claim is within that court’s jurisdiction. You or we may bring suit in any court having jurisdiction, to enjoin infringement or other misuse of intellectual property rights or for provisional relief in aid of arbitration.
Arbitration will be conducted only on an individual claim basis and not on a class, consolidated, representative or collective action basis. Claims of different persons or entities shall not be joined. The Federal Arbitration Act and federal arbitration law shall apply.
Arbitration shall be before a single arbitrator. The arbitrator will have authority to award actual damages and appropriate injunctive and declaratory relief. The arbitrator shall follow these Terms as a court would.
Arbitration will be by the American Arbitration Association ('AAA'), adr.org, 1.800.778.7879, or Judicial Arbitration and Mediation Services ('JAMS'), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out how to start an arbitration proceeding.
Payment of filing, administration and arbitrator fees will be governed by the AAA's or JAMS's rules. Each party will bear that party’s own attorney fees and costs of arbitration. The arbitration will be conducted in Orange County, California. The arbitrator will have authority to allow attendance at any hearing by telephone, remote videoconferencing or to conduct the proceeding or any portion based on written submissions.
If despite these provisions for arbitration, a claim proceeds in court, you and Contiki each waive any right to a jury trial wherever waiving such right is allowed by law.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CONTIKI WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
These Terms and all matters relating to a Gift Certificate or use of a Gift Certificate, including all disputes, shall be governed by and interpreted and construed according to requirements of the Federal Arbitration Act, applicable federal laws and the internal laws of the State of California applicable to agreements entered into and to be performed within such state and thus without regard to principles of conflict of laws.
Contiki reserves the right to make changes to these Terms at any time. If any of these Terms is found by a court or arbitrator having jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severed and the arbitrator or court is requested to substitute a like term that is lawful and accomplishing as closely as possible the purpose and effect of the severed term, and the rest of these Terms shall remain in effect.