Program Terms & Conditions

1. INTRODUCTION

These Terms and Conditions of Our Vacation Center (OVC) Subscription Membership set forth the legally binding contract between OVC Subscription Membership program ("OVC" or "we") and each person who has the legal right to own, occupy or use accommodations ("Vacation Ownership") in a resort, vacation club or vacation plan and who applies and is accepted as a Subscribing Member ("Member(s)" or "you") in the OVC Subscription Membership program ("OVC Program").

2. APPLYING FOR SUBSCRIPTION MEMBERSHIP

a) To become a Member, a properly completed Application and applicable Subscription fees must be submitted to OVC by the applicant or on the applicant’s behalf and accepted by OVC. OVC reserves the right to refuse any Application and applicable fees.

b) Membership must be in the name of an individual(s) who owns Vacation Ownership, an interest in a vacation club or vacation plan. In the event a corporation, partnership, trust or other entity holding Vacation Ownership applies for Membership, a Subscription Application must be completed on behalf of the Owner in the individual name of an officer, partner or trustee, and OVC shall be entitled to treat such individual as the Member for all purposes set forth in this Agreement.

c) Up to two co-owners of Vacation Ownership who reside at the same address may apply for a single Subscription Membership. If more than two co-owners are listed as owning the Vacation Ownership or if co-owners do not reside at the same address, such co-owners, if they wish to become Members, must apply for separate Subscription Memberships. OVC may honor instructions from any person listed as a co-owner of Vacation Ownership on a Membership and, in the event of conflicting instructions, OVC may refuse to honor the latter instruction received.

3. THE OVC SUBSCRIPTION MEMBERSHIP PROGRAM

OVC will allow participation in the OVC Program which provides a Subscription to Privileges to all Members who comply with these Terms and Conditions. From time to time OVC may modify these Terms and Conditions. Updated Terms and Conditions are located online at www.pueblobonitopremier.com. You may also request a copy to be mailed at any time during the term of your subscription by calling the OVC toll free telephone number. OVC is only responsible for written representations that it makes concerning OVC and the OVC Program and is not responsible for any verbal representations or written representations made by any other person. Only OVC, its authorized representatives and its designated licensees can perform the obligations of OVC under these Terms and Conditions.

4. RENEWAL, CANCELLATION OR TRANSFERRING A SUBSCRIPTION MEMBERSHIP

a) Subscription Membership and the benefits thereof shall be provided to the Member for the term of the Membership unless terminated by OVC for cause under these Terms and Conditions.

b) Member may renew Subscription Membership by calling member services at OVC's toll free telephone number or by visiting www.pueblobonitopremier.com. Renewals will be accepted from those members who are current with all subscription dues and are in compliance with these Terms and Conditions.

c) In the event Member allows the OVC Program Subscription to lapse, a $200 reinstatement fee shall be payable to OVC before the OVC Program benefits can be reinstated for Member.

d) Member may cancel OVC Subscription Membership by providing OVC written notice of cancellation within thirty (30) days of the Subscription date set forth on the OVC Subscription Application. Cancellation requests received more than thirty (30) days after the Subscription date are not entitled to a refund.

e) If the Member sells their Vacation Ownership, the purchaser may apply for Subscription Membership by submitting a properly executed Subscription Application, pertinent Ownership information and applicable Subscription fees to OVC. A Member may also transfer their Membership to the new Owner on a prorated basis; a transfer fee of $50.00 must be paid to OVC to effectuate the transfer. OVC reserves the right to refuse to accept any Subscription Application and the applicable fees received from a purchaser or transferee.

5. OWNERSHIP DEPOSITS AND VACATION REQUESTS

a) To participate in the OVC Program you must be a Member in good standing with your home resort, vacation plan or vacation club and all subscription and membership fees paid current as reported by the resort, vacation plan or vacation club to OVC.

b) OVC provides travel services and is an authorized Seller of Travel. OVC does not provide Vacation Ownership exchange services.

c) Member may deposit their Vacation Ownership through a written deposit form provided to OVC, over the telephone with a OVC Rewards representative or on the OVC website. These terms and conditions apply to all methods of deposit utilized by Member.

d) Members making a Vacation Ownership deposit with OVC and requesting an OVC Cruise Vacation receive the OVC Program pricing for their first two (2) Cruise passengers (double occupancy required) as a result of their Vacation Ownership deposit.

e) A maximum of one (1) Vacation Ownership deposit is allowed per Cruise cabin.

f) Use of accommodations is subject to certain age requirements.

g) By depositing Vacation Ownership with OVC, you represent and warrant to OVC that:

(1) you have or will have at the time of deposit the legal right to use or assign the use of the deposited Vacation Ownership and all corresponding amenities;

(2) the deposited Vacation Ownership has not been and will not be assigned, offered or made available to any third party;

(3) the physical accommodations in which you own Vacation Ownership are in good and usable condition;

(4) all maintenance fee assessments, taxes and other similar charges applicable to that Vacation Ownership have been paid or will be paid when due. By depositing your Vacation Ownership in the OVC resort pool, you relinquish all rights to use that Vacation Ownership and agree that OVC may use such deposited Vacation Ownership at its sole discretion. In the event you deposit the designated Week(s) with another entity or otherwise render the designated Week(s) unavailable to OVC, you shall be responsible to pay OVC the Preferred Member Rates in effect at the time the Cruise was booked. OVC reserves the right to charge Member's credit card for the differential amount.

h) OVC will accept Vacation Ownership deposits as early as two (2) years in advance or as late as six (6) months prior to the start date of the Vacation Ownership Week. Deposits less than six (6) months prior to the start date of the Vacation Ownership Week are permitted if pre-approved by OVC and are subject to a $150 deposit fee.

i) OVC Members who own "flexible," "floating" or "points based" vacation time may be required to obtain resort confirmation/verification of the Vacation Ownership they are eligible to deposit before depositing their Vacation Ownership with OVC.

j) Vacation Ownership deposits will be accepted so long as the resort is in good standing with OVC pursuant to the terms and provisions of the Resort Affiliation Agreement with OVC. The suspension, termination or non-compliance of your Vacation Ownership Resort with regard to the Resort Affiliation Agreement may, at OVC 's option, invalidate your OVC Program or the privilege to deposit vacation time from the resort.

k) There is no fee for depositing Vacation Ownership from an OVC Affiliated Resort. A processing fee of $100 may be charged for deposit of Vacation Ownership from an approved Non-Affiliated Resort.

l) In the event a member requests the return of a deposited Vacation Ownership week, OVC will take reasonable steps to return the unused Vacation Ownership deposit provided the member has not utilized the deposit toward a Cruise or OVC has not utilized the Vacation Ownership for the benefit of another member. A service charge will be applicable for each returned Vacation Ownership deposit.

m) Vacation confirmations are valid only if issued in writing by OVC. Member is responsible for verifying all details in the confirmation, including legal name, and notifying OVC immediately if the confirmation information is incorrect. Member is responsible for any ancillary charges incurred as a result of changes to any aspect of the confirmation. Changes may be treated as a cancellation.

n) For each deposit confirmed by OVC for the benefit of the Member and any other users of the Member's account, the Member shall be liable to pay to OVC all applicable fees and taxes required to process and confirm the vacation request unless otherwise agreed upon in writing by OVC.

o) If within twenty-four (24) months following the initial deposit of your Vacation Ownership, you have not requested and/or accepted a Cruise Vacation through OVC, you will lose all credit for that deposit against future Cruise Vacation requests.

p) Options available to OVC Members for the deposit of Vacation Ownership, and the procedures and conditions governing vacation requests are set out in Member's initial Subscription Membership materials and any updates or excerpts provided thereafter. Such procedures and conditions are incorporated herein in their entirety. Vacation Ownership deposits and vacation requests are accepted subject to your compliance with these terms and conditions.

q) All resort rental weeks are based on availability. Resort rental weeks at Pueblo Bonito are limited and based on availability for this high-demand destination.

6. BEST PRICE GUARANTEE

The Cruise Rate Guarantee requires written proof of the availability of the identical Cruise at a lower rate. Rate will be verified and must be for the identical Cruise, ship, sailing date and cabin category and available to the general public. Consolidator, group, incentive interline, meeting and convention rates are excluded. Cruise rate guarantee is valid for the Cruise fare only at the time of booking. The amount by which OVC will beat a Cruise price will vary at the discretion of OVC. Member is responsible for any change or cancellation fees.

7. USE OF VACATION ACCOMMODATIONS

a) Member must have all OVC Subscription Membership dues paid in full through the dates of travel. Memberships that expire prior to the date of travel will be collected at the time of booking.

b) OVC will apply any reasonable restrictions on Member vacations as required by OVC's Affiliated Resorts or Cruise Lines.

c) Your accommodations may be at a resort in active sales. If so, you may be approached to attend a sales presentation or asked to take a tour of the resort. You are under no obligation to participate.

d) You alone are responsible for ensuring you carry the proper documentation required for entry into the destinations of choice. Please ensure that you have a valid visa, passport, or proof of citizenship (as required by the countries you are visiting) in your possession at the time of travel. This applies to all travelers in your group. OVC assumes no responsibility for advising travelers of immigration requirements.

e) You acknowledge that the accommodations you receive may differ in size, design, furnishings, amenities and facilities from the accommodations of your Vacation Ownership.

f) Unless otherwise provided by OVC in writing, Cruise accommodations provided shall be the base (minimum level) Cruise category accommodations with the opportunity for Member to upgrade at OVC Member rates subject to availability.

g) Information provided to you about Resort and Cruise Vacations is based on information obtained from the resorts and Cruise lines. 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.

h) The total number of people occupying the vacation accommodations confirmed by OVC must not exceed the maximum occupancy set forth in the OVC confirmation or guest certificate; otherwise, the resort or Cruise line representative may refuse access or levy an additional charge to Member.

i) You are responsible for payment of any applicable taxes, fees, and personal expenses including, but not limited to, soft drinks, alcoholic beverages, specialty items, tips, personal services, telephone calls, Cruise line/resort or other utility charges, security deposits and other fees or charges levied by the travel service provider. Port fees, taxes and handling charges for Cruises are payable in advance by you to OVC. It is the responsibility of the Member to pay all other fees directly to the resort, hotel or Cruise line. Disputes over fees assessed by Cruise or Resort providers are between the member and the provider. Member waives any and all claims against OVC in this regard.

j) You and your guests must occupy and use accommodations that you or your guests have received from OVC in a responsible, careful and secure manner. You are responsible for all damage, theft or loss caused by you or your guests.

k) If an accommodation for which you have been confirmed becomes unavailable due to natural disaster, acts of God, civil unrest or any other reason beyond OVC's control, you waive any and all claims against OVC.

l) OVC reserves the right to revoke a confirmed vacation, terminate or suspend the Subscription of the relevant Member or deny access to any of the products or services offered in connection with this Subscription Membership, in the event you or your guests misuse the OVC vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or Interval Week, may apply.

m) Any complaints about the accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider. If this does not produce a satisfactory result, you should contact OVC Quality Assurance Department via mail at 15501 N Dial Boulevard, Scottsdale, AZ 85260, giving full details of the complaint within thirty (30) days of your return. We reserve the right to refuse to consider any complaints made where this procedure has not been followed.

8. GUESTS

a) 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 an administration fee for issuance of Guest Certificates.

b) Guest Certificates may only be used by the individual(s) named on the Certificate and their guests and may not be used by persons under the age of twenty-one (21). Other age restrictions may apply. Guest Certificates are non-transferable and may not be used for any commercial purpose, including rental or sale. Certificate use is subject to any conditions, restrictions or limitations, which may be imposed by the participating resort or Cruise line.

c) You are responsible for all acts and omissions of your guests and for any damages caused or expenses incurred by your guests.

d) OVC will fully refund any Guest Certificate fees, if charged, when a Guest Certificate is canceled more than seventy (70) days prior to the beginning date of the confirmed vacation. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed vacation are not eligible for refund.

e) OVC reserves the right to revoke a confirmed vacation or Guest Certificate, terminate or suspend the Subscription of the relevant Member or deny access to any of the products or services offered in connection with a Subscription, in the event a Member or the guests misuse the vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or Interval Week, may apply.

9. CANCELING CRUISE, RESORT VACATION AND/OR 7/7 EXPERIENTIAL VACATION PACKAGES

a) OVC reserves the right to cancel a confirmed vacation, cancel a request or otherwise deny Membership privileges of any Member whose payment is rejected by the Member's bank or credit card company or who has not paid resort maintenance fee assessments or similar charges with respect to the Member's Vacation Ownership or for any reason the deposited Week is made unavailable to OVC. A service fee and/or loss of Deposit and Vacation Week will apply.

b) You must cancel a vacation confirmation by notifying OVC in writing. Cancellation will be effective on the date of receipt by OVC. Changes to a vacation confirmation may be considered a cancellation subject to re-booking and additional change or cancellation fees may apply. Upon cancellation, OVC may refund all or a portion of the vacation payments according to the following guidelines:

(1) All cancellations are subject to vendor cancellation policies and fees. In addition, the following cancellation charges will be assessed by OVC: 61 or more days prior to sailing, $50 penalty; 60 or less days prior to sailing, no refund of OVC Deposit.

(2) Members canceling confirmed resort vacations more than 180 days prior to the beginning date of the confirmed vacation are subject to a $50 cancellation fee. The balance of the OVC vacation fees will be refunded.

(3) Members canceling confirmed resort vacations 179-90 days prior to the beginning date of the confirmed vacation are subject to a $99 cancellation fee. The balance of the OVC vacation fees will be refunded.

(4) Members canceling confirmed resort vacations 89-60 days prior to the beginning date of the confirmed vacation are subject to a cancellation fee equal to fifty percent (50%) of the rental rate. The balance of the OVC vacation fees will be refunded.

(5) Members canceling confirmed resort vacations 59-31 days prior to the beginning date of the confirmed vacation are subject to a cancellation fee equal to seventy five percent (75%) of the rental rate. The balance of the OVC vacation fees will be refunded.

(6) Members canceling confirmed resort vacations thirty (30) or fewer days prior to the beginning date of the confirmed vacation are not eligible for a refund.

10. GENERAL

a) You hereby permit your telephone conversations to and from OVC representatives to be taperecorded and/or monitored for training and quality control purposes.

b) OVC may, on occasion, offer products and services through telephone and/or e-mail solicitations. You consent to such telephone solicitation, including, but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Further, you acknowledge your consent to be informed of such products and services even if your Subscription Membership has been suspended or has otherwise expired or terminated.

c) If you or your guests should incur loss or damages through use of the OVC Program, OVC's liability for such loss or damage will be limited to the injured party's fees paid for the subscription or vacation in which such loss or 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.

d) 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. Current Terms and Conditions, member fees, benefits and procedures can be reviewed online at www.pueblobonitopremier.com. Or, you may request a current version by calling the OVC toll free phone number or by mailing your request to OVC.

e) 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.

f) If you fail to comply with these Terms and Conditions or fail to pay any sums owed to OVC or any participating resort, your Subscription Membership may be suspended or terminated by OVC without further obligation. In the event of suspension based upon non-payment, your Subscription Membership privileges will remain suspended until all sums that are owed are paid in full.

g) These Terms and Conditions and the OVC Program shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Member or guest, who is either vacationing with the Member or who is traveling 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 Maricopa County, Arizona (USA). In the event a Member or guest initiates an action at law or in equity and OVC prevails, that Member or guest shall pay all costs incurred by OVC in defending such action, including reasonable attorney's fees.

h) OVC, Interludes, Instant OVC Interludes, Club Concierge, Land & Sea Excursions, Trade Land For Sea, and Discover The Dream, are trademarks which may not be used without the prior written permission from OVC. Other brand names may be trademarks of their respective Owners.

11. OVS FEES

a) Subscription Membership Fees: Upon the expiration of your initial Subscription term, Member shall have the option to renew the OVC Subscription Membership. Subscription Membership fees and Terms and Conditions are subject to change. Any amendments to OVC Subscription Membership fees and/or Terms and Conditions of Subscription Membership shall be provided to Member at no charge.

b) If Member elects Automatic Renewal, renewal dues will be charged automatically to the credit card indicated, unless canceled in writing prior to the renewal date. Subscription Membership shall continue for as long as the Member is eligible for OVC Program.

c) If Member elects, on Subscription Application, to immediately extend Subscription Membership, the extension fee will be immediately charged to the credit card indicated.

d) Vacation Rates: OVC Members shall be entitled to purchase selected travel services at OVC Member rates. Rates are subject to change without notice. Member may be required to deposit qualified Vacation Ownership to obtain OVC Cruise and Experiential Vacation rates. All published vacation rates are per person/double occupancy required and Member is responsible for all port fees, customs charges and taxes. Rates set forth in OVC Member publications are valid for "red" time Vacation Ownership (as defined by the resort's current exchange company) at OVC Gold Resorts; additional fees are required for "off season" and Premier Vacation Ownership deposits. Platinum, Gold and Premier status is conferred on an annual basis. There is no guarantee that the status will be renewed in subsequent years. All deposits are subject to the Terms and Conditions of Subscription Membership. Members' all–inclusive Cruise fees are based upon OVC's "Standard" or "Specialty" Cruise designations. Rates set forth in the Subscription Membership Brochure are valid for OVC Standard Cruises. Cruise designations are set exclusively by OVC and are subject to change without notice. Airline and ground transportation may be available through OVC; however, they are not included in all-inclusive Cruise fees or set forth in the Subscription Membership Brochure.

e) All-inclusive fees and port charges are due and payable upon confirmation of Cruise exchange bookings.

f) Whether you are traveling on an OVC Cruise, Experiential Vacation, resort or hotel vacation, vendors may require a deposit or payment in full to secure rate or all-inclusive fee confirmed for Member.

g) Vacation and Cruise vendors may require additional deposits to be paid at the time of booking.

h) A $25 service fee will be charged for all returned checks and two or more instances of declined or disputed credit cards.

i) A $25 per person service fee will be charged for any changes made to travel arrangements after initial confirmation. Please see section 8 for applicable cancellation fees.

j) Subscription Membership Cards: Replacement or additional Subscription Membership cards will be provided to Members upon request. Member will be required to pay $5 per card processing fee.

k) Booking Service Fee: Member may be required to pay a $25 per person booking fee for vacations confirmed by OVC. Contact an OVC Representative to see if a booking fee applies to your request.

l) A renewal fee of $199 per year will be charged for members renewing their membership. See section 4 for applicable renewal Terms and Conditions.

m) All fees and charges are stated in U.S. dollars.