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Platinum Rewards Membership Terms & Conditions

INTRODUCTION
These ICE Platinum Rewards Membership ("Membership") Terms and Conditions of the International Cruise & Excursion Gallery, Inc. ("ICE"), also doing business as Our holiday Center ("OVC"), set forth a legally binding contract between OVC and each person who has the legal right to own, occupy or use accommodations in a resort, holiday club or holiday plan ("Holiday Ownership") and who applies and is accepted as a subscribing member ("Member") by OVC.
APPLYING FOR A MEMBERSHIP
1. To become a Member, a properly completed Membership application and applicable Membership 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 for any reason whatsoever.
2. The Membership must be in the name of an individual(s) who owns the holiday Ownership. In the event a corporation, partnership, trust, or other entity holding holiday Ownership applies, a Membership 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 these Terms and Conditions.
3. Up to two co-owners of Holiday Ownership who reside at the same address may apply for a single Membership. If more than two co-owners are listed as owning the Holiday Ownership or if co-owners do not reside at the same address, such co-owners, if they wish to become Subscribers, each must apply for a separate Membership. OVC may honor instructions from any person listed as a co-owner of Holiday Ownership in a Membership and, in the event of conflicting instructions, OVC may refuse to honor the latter instruction received.
THE PLATINUM REWARDS MEMBERSHIP
1. The ICE Platinum Rewards Membership includes the ability to exchange Holiday Ownership for steeply discounted cruises, experiential Holidays, and tours, the ability to purchase best price guaranteed cruise Holidays, hotels stays, resort Holidays, and car rentals, a Subscription to Privileges Magazine, and the ability to earn and redeem loyalty points.
2. Privileges Magazine is provided to Members from time to time in electronic format and on-line at www.MyPlatinumRewards.com. Members can request a paper version by calling member services at OVC's toll free telephone number. A nominal fee will be charged for such requests to cover the cost of shipping.
3. OVC is only responsible for written representations that it makes concerning OVC and the Membership 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.
TERM, RENEWAL, CANCELLATION, OR TRANSFERRING A MEMBERSHIP
1. The Membership, and the benefits afforded Members, shall be provided to the Member for the term of the Membership purchased (as indicated on the Membership application) and any renewal thereof, unless terminated by OVC for cause under these Terms and Conditions.
2. Member may renew Membership by calling member services at OVC’s toll free telephone number at 877-423-7256 or by visiting www.MyPlatinumRewards.com. Renewals will be accepted from those members who are current with all Membership dues and are in compliance with these Terms and Conditions.
3. In the event Member allows the Membership to lapse, a $200 reinstatement fee shall be payable to OVC before the Membership is renewed and Member can use any benefits of the Membership.
4. Member may cancel the initial Membership by providing OVC written notice of cancellation to Platinum Rewards, 10030 North 25th Avenue, Phoenix, AZ, 85021-1660 within thirty (30) days of the application date set forth on the Membership application. Cancellation requests received more than thirty (30) days after the application date, and all requests from Members whose Membership fees were paid by their Resort, are not entitled to a refund.
5. Member may cancel a renewal Membership or promotional multi-year Membership, by providing OVC written notice of cancellation to Platinum Rewards, 10030 North 25th Avenue, Phoenix, AZ, 85021-1660 within ten (10) days of purchasing the renewal Membership or promotional multi-year Membership.
6. If the Member sells their Holiday Ownership, the purchaser may apply for Membership by submitting a properly executed Membership application, pertinent ownership information, and applicable Membership fees to OVC. A Member may also transfer 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 transfer and the associated fees received from a purchaser or transferee.
HOLIDAY EXCHANGES AND OWNERSHIP DEPOSITS
1. All Members must be in good standing with their home resort, Holiday plan, or Holiday club and all subscription, maintenance, and/or membership fees must be paid current as reported by the resort, Holiday plan, or Holiday club to OVC.
2. Holiday Exchanges enable Members, during the term of their Membership, to deposit Holiday Ownership with OVC to partially pay for cruises, experiential Holidays, and tours.
3. OVC provides travel services and is an authorized Seller of Travel. OVC does not provide Holiday Ownership exchange services.
4. Member may deposit their Holiday Ownership through a written deposit form provided to OVC, over the telephone with a Platinum Rewards representative, or on the Platinum Rewards website. These terms and conditions apply to all methods of deposit utilized by Member.
5. Members making a Holiday Ownership deposit with OVC and requesting an OVC Cruise Holiday receive the Platinum Rewards exchange pricing for up to four (4) double-occupancy cabins purchased during a single transaction as a result of their Holiday Ownership deposit.
6. A maximum of one (1) Holiday Ownership deposit is allowed per cruise cabin.
7. Use of accommodations is subject to certain cruise line age requirements.
8. By depositing Holiday Ownership with OVC, Members represent and warrant to OVC that the following: (1) Member has, or will have at the time of deposit, the legal right to use or assign the use of the deposited Holiday Ownership and all corresponding amenities; (2) the deposited Holiday Ownership has not been and will not be assigned, offered or made available to any third party; (3) the physical accommodations of Member’s Holiday Ownership are in good and usable condition; and (4) all maintenance fee assessments, taxes and other similar charges applicable to that Holiday Ownership have been paid or will be paid when due. By depositing Holiday Ownership in the OVC resort pool, Member relinquishes all rights to use that Holiday Ownership and agrees that OVC may use such deposited Holiday Ownership at its sole discretion. In the event Member deposits the designated the deposited Holiday Ownership with another entity or otherwise renders the Holiday Ownership unavailable to OVC, Member shall be responsible to pay OVC the Member purchase rates in effect at the time the cruise, experiential Holiday, or tour was booked. OVC reserves the right to charge Member’s credit card for the difference between the exchange pricing and the purchase pricing.
9. OVC will accept Holiday Ownership deposits as early as two (2) years in advance or as late as two (2) months prior to the start date of the Holiday Ownership occupancy. Deposits less than two (2) months prior to the start date of the Holiday Ownership occupancy are permitted if pre-approved by OVC and are subject to a $150 deposit fee.
10. Members who own "flexible", "floating", or "points-based" Holiday Ownership may be required to obtain resort confirmation/verification of their Holiday Ownership prior to depositing their Holiday Ownership with OVC.
11. Holiday Ownership deposits will be accepted so long as Member’s resort is in good standing with OVC pursuant to the terms and provisions of its Resort Affiliation Agreement with OVC. The suspension, termination, or non-compliance of OVC’s affiliation with your Holiday Ownership Resort may, at OVC’s discretion, invalidate your ability to deposit Holiday Ownership.
12. There is no fee for depositing Holiday Ownership from a resort affiliated with, and in good standing with, OVC.
13. In the event a Member requests the return of a deposited Holiday Ownership, OVC will take reasonable steps to return the unused Holiday Ownership deposit, provided the member has not utilized the deposit toward a cruise, experiential Holiday, or tour or OVC has not sold the deposited Holiday Ownership. A service charge will be applicable for each returned Holiday Ownership deposit.
14. 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 Holiday request unless otherwise agreed upon in writing by OVC.
15. If within twenty-four (24) months following the initial deposit of your Holiday Ownership, Member has not requested and/or accepted a cruise, experiential Holiday, and tour through OVC, Member will lose all credit for that deposit.
16. Options available to Members for the deposit of Holiday Ownership, and the procedures and conditions governing Holiday requests, are set out in Member’s initial Membership materials and any updates provided thereafter. Such procedures and conditions are incorporated herein in their entirety. Holiday Ownership deposits and Holiday requests are accepted subject to your compliance with these terms and conditions.
HOLIDAY PURCHASES
1. Members, during the term of their Membership, have the ability to purchase best-rate-guaranteed cruise holidays, hotels stays, and resort Holidays. Member may purchase such travel by calling the OVC call center at 800-571-8496 or on-line at www.MyPlatinumRewards.com.
2. The Best Rate Guarantee ("BRG") requires written proof of the availability of the identical cruise Holiday, hotels stay, resort Holiday, at a lower rate to the general public with 48 hours of purchase by Member. Rate identified in written proof will be verified by OVS. OVS will match any price that it verifies to be lower. Cruises must be for the identical cruise itinerary, ship, sailing date and cabin category. Hotel and resort stays must be for the same dates, room types, and options. Consolidator, charter, group, incentive, interline, meeting and convention rates are excluded. Web or e-mail offers requiring calling a call-back number are also excluded. BRG is valid for the cruise fare only at the time of booking.
USE OF HOLIDAY ACCOMMODATIONS
1. Members must have their Memberships paid in full through the last date of their travel or accommodation. Memberships that expire prior to the date of travel will be collected at the time of booking.
2. OVC will apply any reasonable restrictions on Member’s Holidays as required by OVC’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers.
3. Resort accommodations may be at a resort in active sales. Members are under no obligation to participate and/or attend any sales presentation or take a tour of the resort.
4. 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, subject to availability.
5. Information provided to Member about cruises, resorts, experiential Holidays, and hotels, is based on information obtained from the providers of such. 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 any liability for inaccurate, incomplete, or misleading resort and cruise information.
6. The total number of people occupying any Holiday accommodations or participating in any tours 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 and/or Member’s guests.
7. Members are responsible for the payment of any applicable taxes, fees, and personal expenses including, but not limited to, soft drinks, alcoholic beverages, specialty items, tips, personal services, special facilities charges, telephone calls and internet connectivity, cruise line/resort/hotel, 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 paid in advance to OVC. It is the responsibility of the Member to pay all other fees directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the Member and the provider. Member waives any and all claims against OVC in this regard.
8. Members and Members’ guests must occupy and use any accommodations received from OVC in a responsible, careful and secure manner. Members are responsible for all damage, theft or loss caused by Members and Members’ guests.
9. Any complaints about any accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider.
GUESTS
1. None of the Membership benefits may be used for any commercial purpose, including rental or sale or barter. A Holiday confirmation may only be used by the Member who receives it from OVC unless that Member gives the Holiday 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.
2. Guest Certificates are non-transferable and 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.
3. Members are responsible for all acts and omissions of their guests and for any damages caused or expenses incurred by their guests.
4. 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 Holiday. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed Holiday are not eligible for refund.
DENTIFICATION AND CONFIRMATIONS
1. Members and Members’ guests are responsible for ensuring that all travelers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship. Members and Members’ guests must have a valid visa, passport, or proof of citizenship, and immunization evidence, if any, (as required by the countries being visited) in their possession at the time of travel. This applies to all travelers in Members’ group. OVC assumes no responsibility for identifying and/or advising travelers of immigration and customs requirements.
2. Holiday Confirmations ("Confirmations") are valid only if issued in writing by OVC. Member is responsible for verifying all details in the Confirmation, including verifying the correct legal name of all travelers on the Confirmation, and notifying OVC immediately if any information on the Confirmation 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.
3. If a confirmed accommodation 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.
4. OVC reserves the right to revoke any and all Confirmations, terminate or suspend the Membership of the relevant Member, cancel a Guest Certificate, or deny access to any of the products or services offered in connection with this Membership, in the event a Member or Members’ guests misuse the OVC Holiday accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or any deposited Holiday Ownership, may apply.
5. A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
CANCELING CRUISE, RESORT HOLIDAY, EXPERIENTIAL HOLIDAYS, TOURS, HOTEL, CAR AND/OR RESERVATIONS
1. OVC reserves the right to cancel a confirmed Holiday, cancel any purchased products, cancel a request, or otherwise deny Membership benefits 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 Holiday Ownership, or for any reason the deposited Holiday Ownership is made unavailable to OVC. A service fee and/or loss of Deposit and deposited Holiday Ownership will apply.
2. Members must cancel Confirmations by notifying OVC in writing at 10030 North 25th Avenue, Phoenix, AZ, 85021-1660. Cancellation will be effective on the date of receipt by OVC. Changes to a Confirmation may be considered a cancellation subject to re-booking and additional changes or cancellation fees may apply.
3. All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any OVC Deposits. A Platinum Rewards Holiday consultant will explain the deposit requirements and booking fees, if any, and the payment schedules, refundability, and cancellation policies upon booking a particular cruise, resort Holiday, experiential Holiday, tour, hotel, or car reservation.
LOYALTY PROGRAM
1. Members may earn and redeem Platinum Rewards loyalty points during their Membership. Earnings and redemption options and schedules are available on-line at www.MyPlatinumRewards.com or by calling the OVC call center at 800-571-8496.
2. Members may redeem Platinum Rewards loyalty points as partial payment for cruise Holidays, experiential Holidays, tours, hotels stays, and car rentals.
3. Member’s points expire at the end of Member’s Membership.
4. Points have no cash value and are not transferable.
5. Point redemptions may not be combined with any other discount or promotion.
6. Platinum Rewards loyalty points will be reinstated in the event of a cancellation per Section 10 above.
GENERAL
1. Members hereby permit their telephone conversations with OVC representatives to be taperecorded and/or monitored for training and quality control purposes.
2. OVC may, on occasion, offer products and services through telephone and/or e-mail solicitations. Members consent to such telephone solicitation, including, but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Further, Members acknowledge their consent to be informed of such products and services even if your Subscription has been suspended or has otherwise expired or terminated.
3. If Members and Members’ guests should incur loss or damages through use of any benefit under the Platinum Rewards Subscription, OVC’s liability for such loss or damage will be limited to the injured party’s fees paid for the Subscription or Holiday 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. In no event will OVC be liable for any negligent or intentional action or failure to act, or for any injuries or losses arising from the accommodations of any resort, hotel, cruise, experiential Holiday, or tour provider or from any other travel related product or service provided to Member directly.
4. These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating Holidays may be changed from time to time by OVC. Current Terms and Conditions, Subscription fees, benefits, and procedures can be reviewed online at www.ICERewards.com, which shall supersede all other Platinum Rewards Subscription Terms and Conditions.. Members may also request a current version by calling the OVC toll free phone number or by mailing your request to 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.
6. Failure to comply with these Terms and Conditions or failure to pay any sums owed to OVC, may result in the suspension or termination of Member’s Subscription without further obligation. If suspension is based upon non-payment, Member’s Subscription will remain suspended until all sums that are owed are paid in full.
7. These Terms and Conditions and the Platinum Rewards Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Member or Member’s guest, whether Holidaying with the Member or 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 Member’s guest initiates an action at law or in equity and OVC prevails, that Member or Member’s guest shall pay all costs incurred by OVC in defending such action, including reasonable attorney’s fees.
8. OVC and Our Holiday Center are and fictitious names used by the International Cruise & Excursion Gallery, Inc., a Delaware corporation, with its principal place of business at 10030 North 25th Avenue, Phoenix, AZ 85045.
9. OVC, Our Holiday Center, Club Concierge, ICE Platinum Rewards are trademarks of ICE which may not be used without the prior written permission from ICE. Other brand names may be trademarks of their respective owners.
10. A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
11. Replacement or additional Subscription cards will be provided to Members upon request. Member may be required to pay a £5 per card processing fee.