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Our Vacation Club TERMS & CONDITIONS 1. INTRODUCTION These Terms and Conditions of the Our Vacation Club Program (“Club Program”) set forth the legally binding contract between Our Vacation Center ™ (“OVC” or “we”) and each person who applies for membership by purchasing/activating a Club Program and is accepted for membership in the Club Program (“Members” or “you”). 2. THE OVC MEMBERSHIP PROGRAM OVC will allow participation in its vacation program which provides discount cruise and resort vacations (the “OVC Program”) to all Members who comply with these Terms and Conditions. OVC, from time to time, may update the Terms and Conditions of this Agreement. OVC is only responsible for written representations that it makes concerning OVC and the OVC program and is not responsible for any representations made by any other person. Only OVC, its authorized representatives or its designated licensees can perform the obligations of OVC under these Terms and Conditions. 3. APPLYING FOR MEMBERSHIP 1) To become a Member: Upon receiving OVC Membership kit you must activate your Membership online at ourvacationclub.com to be accepted by OVC. OVC reserves the right to refuse any Application. 2) Membership must be in the name of an individual(s) who has been qualified by OVC. 3) Membership is provided to the primary member for the term of the membership set forth in the Application unless terminated by OVC for cause under separate terms of this Agreement. 4) Should OVC member desire to cancel the Club Program, such cancellation will be subject to cancellation policies and guidelines. 4. MEMBER VACATION REQUESTS 1) To participate in the OVC Program you must be a current Member with your enrolment fees paid (if any). 2) OVC is a seller of travel and does not provide vacation ownership exchange services. Members may request discount resort and cruise vacations from OVC for any of OVC’s participating resorts and/or affiliated cruise lines. 3) OVC’s ability to confirm a vacation request is dependent upon the availability in OVC’s resort inventory and independent cruise line reservation system(s). Therefore, OVC cannot guarantee availability of specific vacation choices, dates of travel, or types or sizes of accommodations. 4) Vacation confirmations are valid only if issued by OVC in writing. Member is responsible for verifying all details in the confirmation and notifying OVC immediately if the confirmation information is incorrect. Changes to any aspect of the confirmation may be treated as a cancellation. 5) OVC will apply any reasonable restrictions on Member vacations as required by OVC’s participating resorts or cruise lines. 5. USE OF VACATION ACCOMMODATIONS 1) Unless otherwise provided by OVC in writing, cruise accommodations provided shall be base (minimum level) cruise category accommodations with the opportunity for Member to upgrade at OVC Member rates subject to availability. 2) Information provided to you about participating OVC resorts and cruise vacations is based on information obtained from resort and cruise management. OVC makes reasonable efforts to ensure that information provided by OVC is accurate and complete as of the date such information is published by OVC, however, OVC expressly disclaims liability for inaccurate, incomplete, or misleading resort and cruise information. 3) The total number of people occupying the vacation accommodations confirmed by OVC must not exceed the maximum occupancy of the unit set forth in the OVC confirmation or guest certificate; otherwise, the resort or cruise line representative may refuse access or levy an additional charge payable by Member. 4) You are responsible for payment of any applicable taxes, fees, personal expenses, utility charges, security deposits and other fees or charges levied by resort, cruise or hotel for the use of amenities and facilities there. 5) You and your guest(s) must occupy and use any accommodation into which you or your guest(s) have received a confirmation in a responsible, careful and secure manner. You are responsible for any damage, theft or loss caused by you or your guest(s), 6) If an accommodation for which you have been confirmed becomes unavailable due to natural disaster, act of God, civil unrest or any other reason beyond OVC’s control, you waive any and all claims against OVC. 7) Any complaints about the accommodation or services provided at a participating resort, hotel or cruise vacation should be made at the earliest opportunity to a person in authority at the participating resort, hotel or cruise line. If this does not produce a satisfactory result, you should contact OVC Club Services. 6. GUESTS 1) An OVC vacation confirmation may not be used for any commercial purpose, including rental or sale. A vacation confirmation may only be used by the Member who receives it from OVC unless that Member gives the vacation confirmation to a friend or family member by requesting a Guest Certificate. OVC reserves the right to charge for Guest Certificates issued by OVC. 2) Guest Certificates may only be used by the individual(s) named on the certificate and their guest(s) and may not be used by persons under the age of twenty-one (21). Guest Certificates are non-transferable and may not be used for any commercial purpose, including rental or sale. Use is subject to any conditions, restrictions or limitations which may be imposed by the participating resort or cruise line. 3) You are responsible for all acts and omissions of your guest(s) and for any damages caused or expenses incurred by your guest(s). 4) We will fully refund any Guest Certificate fees, if charged, when a Guest Certificate is cancelled more than seventy (70) days prior to the beginning date of the confirmed vacation. 5) We reserve the right (without refund or credit) to revoke a confirmed vacation or Guest Certificate, terminate or suspend the membership of the relevant Member or deny access to any of the products or services offered in connection with a membership in the event a Member or his guest(s) misuse the OVC vacation confirmation or Guest Certificate or otherwise breach these Terms and Conditions. 7. CANCELLATION OF VACATIONS 1) You may cancel a vacation confirmation by notifying OVC by telephone or in writing. Upon cancellation, OVC may refund all or a portion of the OVC fees according to the following guidelines: a) If cancelling a cruise vacation, you will be subject to any and all penalty fees assessed by the cruise line in addition to the cancellation fees detailed below. b) If cancellation of a vacation confirmation occurs more than seventy (70) days prior to the beginning date of the confirmed vacation, a $50 cancellation fee will be charged and the balance of the OVC vacation fees will be refunded. c) If cancellation of a vacation confirmation occurs between thirty (30) days to seventy (70) days prior to the beginning date of the confirmed vacation, a $100 cancellation fee will be charged and the balance of the vacation fees will be refunded. d) If cancellation of a vacation confirmation occurs less than thirty (30) days prior to the beginning date of the confirmed vacation, the vacation will become null and void and no refunds will be issued. 8. GENERAL 1) Telephone conversations to and from OVC representatives may be tape-recorded and/or monitored for training and quality control purposes. 2) OVC or our representatives may on occasion offer products and services through telephone solicitations. You consent to such telephone solicitation, including but not limited to solicitation through automatic dialling equipment and/or pre-recorded messages. Further, you acknowledge your consent to be informed of such products and services even if your membership has been suspended or has otherwise expired or terminated. 3) If you or your guest(s) should incur loss or damage through use of the OVC Program, OVC’s liability for such loss or damage will be limited to the fees paid for the vacation in which such lesser damage occurred, and in no event will OVC be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of OVC. 4) These Terms and Conditions and the OVC Program, including, but not limited to, fees, benefits, seasonal designations and other priorities and procedures for requesting and effectuating vacations may be changed from time to time by OVC. 5) Programs and services offered through OVC or by third parties with the permission of OVC are subject to separate terms and conditions and may be changed or eliminated without prior notice to you. OVC accepts no responsibility for the acts or omissions of any third parties providing such programs or services directly to you. 6) If you fail to comply with these Terms and Conditions or fail to pay any sums owed to OVC, your membership may be suspended or terminated by us without further obligation. In the event of suspension based upon non-payment, your membership privileges will remain suspended until all sums that are owed are paid. In the event of termination, an initiation fee may be required to activate your membership. 7) These Terms and Conditions and the OVC Program shall be governed exclusively by the laws of the Territory of Queensland, Australia. Any action at law or in equity by a Member or guest, who is either vacationing with the Member or who is travelling by way of a Guest Certificate, to seek any remedy against OVC or its associated entities must be submitted exclusively to the jurisdiction of the courts of Queensland (Australia). In the event an action at law or in equity is initiated by a Member or guest and OVC prevails, that Member or guest shall pay all costs incurred by OVC in defending such action, including but not limited to reasonable attorneys’ fees. 8) Our Vacation Center, Our Vacation Club and OVC are trademarks which may not be used without prior written permission of Our Vacation Center. Other brand names may be trademarks of their respective owners. 9. OVC FEES 1) Vacation Rates: Member shall be entitled to purchase cruise, resort and hotel vacations at OVC rates as set forth in the then current OVC Program Guide or web site. All published cruise rates are per person/double occupancy required and Member is responsible for all personal charges, port fees, customs charges and taxes. Subject to change without notice. 2) Membership Fees: Upon expiration of the initial term of membership, member shall have the option to renew the OVC membership by paying a renewal fee.