1. |
INTRODUCTION |
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These ICE Platinum Rewards Terms of Membership set out the legally binding contract between the International Cruise & Excursion Gallery Europe Limited ("ICE"), also doing business as Our Holiday Centre ("OHC"), 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 or is or was accepted as a subscribing member ("Member" or “you”) by OHC or who uses or has used services provided by OHC or ICE. |
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2. |
APPLYING FOR A MEMBERSHIP |
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a. |
To become a Member, you must be at least 18 years of age and have properly completed and submitted to OHC a Membership application along with the applicable Membership fees or had a properly completed Membership application completed and submitted to OHC on your behalf, and have been accepted for membership by OHC. OHC reserves the right to refuse any Application and applicable fees for any reason whatsoever, including without limitation if required to do so by the laws, rules or regulations of any local, state, national or federal governmental entity or by any judicial, public, regulatory or law enforcement authority or court. |
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b. |
Membership shall only be granted to the individual(s) who own the Holiday Ownership. In the event that corporation, partnership, trust, or other entity holding Holiday Ownership applies, the Membership application must be completed on behalf of the Owner in the individual name of an officer, partner or trustee of the entity, and OHC shall be entitled to treat such individual as the Member for all purposes set forth in these Terms and Conditions. |
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c. |
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,each co-owners must apply for a separate Membership. OHC shall be permitted to take instructions from and disclose information about such Membership to either co-owner, and If OHC is given conflicting instructions from co-owners, is entitled to act on the first set of instructions received and may refuse to honour the latter instruction received If OHC continues to receive conflicting instructions from co-owners, OHC may at its reasonable discretion suspend or cancel (with an appropriate refund) privileges relating to your Membership unless such instructions can be promptly reconciled or resolved. |
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d. |
Membership is personal to you and cannot be transferred or sold. |
3. |
THE PLATINUM REWARDS MEMBERSHIP |
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a. |
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. |
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b. |
Privileges Magazine is provided to Members from time to time in electronic format and on-line at www.MyPlatinumRewards.co.uk. Members can request a paper version by calling member services at OHC's toll free telephone number. A nominal fee will be charged for such requests to cover the cost of shipping. |
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c. |
OHC is only responsible for written representations that it makes concerning OHC and the Membership and is not responsible for any verbal representations or written representations made by any other person. Only OHC, its authorized representatives, and its designated licensees can perform the obligations of OHC under these Terms and Conditions. |
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d. |
You are responsible for paying your own bank’s charges in respect of all payments made to and refunds received from OHC except in cases where OHC is found to be at fault. We will refund any payments made by you to us in the same manner and currency as the original payment was made. All payments to OHC should include your Membership number, and you should quote your Membership number on all bank transfers and cheques made payable to us to avoid error and undue delay. |
4. |
TERM, RENEWAL, CANCELLATION, OR TRANSFERRING A MEMBERSHIP |
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a. |
Membership and the benefits afforded Members, shall be provided to the you for the term of the Membership stated on the Membership application and any renewals thereof, unless earlier terminated by OHC for cause under these Terms and Conditions. |
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b. |
Member may renew Membership by calling member services at OHC’s toll free telephone number at 00800 8884 7852 or completing the appropriate form at www.MyPlatinumRewards.co.uk at any time prior to the expiry of your existing membership by remitting to OHC the applicable subscription fee. Renewals will be accepted at OHC’s discretion from those members who are current with all Membership dues and are in compliance with these Terms and Conditions. |
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c. |
Continuing membership is conditional on the payment of the applicable subscription fee for each year of membership. In the event Member allows the Membership to lapse, OHC may impose a reinstatement fee in addition to the applicable subscription fee, payable to OVC before the Membership is renewed and Member is allowed to exercise any benefits of the Membership. Payment of any reinstatement fee imposed by OHC is also a condition of renewal. |
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d. |
OHC reserves the right to terminate or refuse to renew your Membership including without limitation if you fail to comply with any of these Terms of Membership; fail to pay any sums due to OHC or any associated company; bring any claims against OHC in respect of your Membership or any relevant travel arrangements; or if required to do so by the laws, rules or regulations of any local, state, national or federal governmental entity or by any judicial, public, regulatory or law enforcement authority or court. If your application for renewal is refused, we shall return any renewal subscription fees which you sent to us. |
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e. |
You may cancel your Membership during the initial term and receive a refund by providing OHC a written notice of cancellation within thirty (30) days of the application date set forth on the Membership application to Platinum Rewards operated by Our Holiday Centre, Kettering Parkway, Kettering, Northants NN15 6EY, United Kingdom. No refund will be available to Members whose written cancellation request is received more than thirty (30) days after the application date, or from Members whose Membership fees were paid by their Resort. |
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f. |
You may cancel a renewal Membership or promotional multi-year Membership, by providing OHC written notice of cancellation within ten (10) days of purchasing the renewal Membership or promotional multi-year Membership to Platinum Rewards, operated by Our Holiday Centre, Kettering Parkway, Kettering, Northants NN15 6EY, United Kingdom. |
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g. |
If you sell or transfer your Holiday Ownership, the purchaser or transferee may apply for Membership by submitting a properly executed Membership application, pertinent ownership information and proof of transfer, the applicable Membership fees, and a transfer fee to OHC. Membership will be transferred to th purchaser or transferee of the Holiday Ownership on a prorated basis. The sale or transfer of your Membership, and any proration thereof, is subject to any outstanding transactions relating to your Holiday Ownership, regardless of when the Holiday Ownership is transferred. OHC reserves the right to refuse to accept any transfer and the associated fees received from a purchaser or transferee. |
5. |
HOLIDAY EXCHANGES AND OWNERSHIP DEPOSITS |
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a. |
Prior to exercising any privileges of Membership, you must be in good standing with your 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 OHC. |
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b. |
Holiday Exchanges enable you, during the term of your Membership, to use your Holiday Ownership to partially pay for cruises, experiential Holidays, and tours. |
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c. |
OHC provides travel services and is an authorized Seller of Travel. OHC does not provide Holiday Ownership exchange services. |
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d. |
Holiday Ownership may be deposited in writing to OHC, over the telephone with a Platinum Rewards representative, or on the Platinum Rewards website. These terms and conditions apply to any and all methods of deposit utilized by any Member. |
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e. |
Your Holiday Ownership deposit entitles you to receive the Platinum Rewards pricing for up to four (4) double-occupancy cabins purchased during a single transaction when you request an OHC Cruise Holiday. |
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f. |
You may use only one (1) Holiday Ownership deposit per cruise cabin requested. |
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g. |
Use of accommodations is subject to certain cruise line age requirements. |
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h. |
By depositing Holiday Ownership with OHC, you represent and warrant to OHC that: (1) you have 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 for the period deposited; (2) you have not and will assign, offer or make available to any third party the deposited Holiday Ownership rights; (3) the physical accommodations of your 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. |
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i. |
By depositing your Holiday Ownership rights, you relinquish all rights to use them and agree that they may be used by OHC without restriction. In the event your deposited Holiday Ownership is unavailable to OHC for any reason, you shall be responsible to pay OHC the full Member purchase rates in effect at the time the cruise, experiential Holiday, or tour was booked. OHC reserves the right to charge your credit card for the difference between the Platinum Rewards pricing and the purchase pricing. |
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j. |
OHC will accept Holiday Ownership deposits as early as two (2) years in advance or as late as six (6) months prior to the start date of the Holiday Ownership occupancy. Deposits less than six (6) months prior to the start date of the Holiday Ownership occupancy are permitted if pre-approved by OHC and are subject to a £150 fee. |
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k. |
Members who own "flexible", "floating", or "points-based" Holiday Ownership may be required to obtain resort confirmation/verification of their Holiday Ownership occupancy dates prior to depositing their Holiday Ownership with OHC. |
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l. |
Holiday Ownership deposits will only be accepted so long as your resort is in good standing with OHC pursuant to the terms and provisions of any Resort Affiliation Agreement between your Home Resort, Holiday Plan, or Holiday Club and OHC. Your ability to deposit your Holiday Ownership may be invalidated by any suspension, termination, or non-compliance of your Home Resort, Holiday Plan, or Holiday Club by OHC, at OHC’s sole discretion. |
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m. |
There is no fee for depositing Holiday Ownership from a resort affiliated and in good standing with OHC. |
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n. |
You may request the return of a deposited Holiday Ownership unless you have utilized the deposit toward a cruise, experiential Holiday, or tour, or unless OHC has sold or otherwise transferred the deposited Holiday Ownership. A service charge will be imposed on each returned Holiday Ownership deposit. |
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o. |
You agree to pay to OHC all applicable fees and taxes required to process and confirm any Holiday request for each deposit confirmed by OHC unless otherwise agreed upon in writing by OHC. |
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p. |
If you have not requested and/or accepted a cruise, experiential Holiday, and tour through OHC within twenty-four (24) months following the initial deposit of your Holiday Ownership, you will lose all credit for that deposit and will not be entitled to request a cruise, experiential Holiday, or tour. |
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q. |
Your options for the deposit of Holiday Ownership and the procedures and conditions governing Holiday requests are set out in your initial printed 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. |
6. |
HOLIDAY PURCHASES |
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a. |
During the term of your Membership, you have the ability to purchase best-rate-guaranteed cruise holidays, hotel stays, and resort Holidays. You may purchase such travel by calling the OHC call center at 00800 8884 7852 or on-line at www.MyPlatinumRewards.co.uk. |
7. |
USE OF HOLIDAY ACCOMMODATIONS |
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Memberships must be paid in full through the last date of your travel or use of accommodations. If your Membership is scheduled to expire prior to or during your dates of travel, you will be required to renew your Membership, and pay any renewal fee or other outstanding fee at the time of booking. |
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b. |
You must comply with any reasonable restrictions required or imposed by OHC’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers. |
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c. |
Resort accommodations may be provided at a resort in active sales. You are under no obligation to participate and/or attend any sales presentation or take a tour of the resort. |
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d. |
Accommodation may vary in unit size, design, fixtures, furnishings, amenities and facilities from your own Holiday Ownership, and cruise accommodations provided shall be the base (minimum level) cruise category accommodations with the opportunity for Member to upgrade, subject to availability, unless otherwise provided by OHC in writing. |
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Information we provide you about cruises, resorts, experiential Holidays, and hotels is based on information we obtained from the providers themselves. OHC makes reasonable efforts to ensure that such information is accurate and complete when published by OHC; however, OHC expressly disclaims any liability for inaccurate, incomplete, or misleading resort and cruise information. |
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f. |
The total number of people occupying any Holiday accommodations or participating in any tours confirmed by OHC may not exceed the maximum occupancy stated in your OHC confirmation or guest certificate. If you exceed such maximum occupancy the resort or cruise line representative may refuse access or levy an additional charge to you and/or your guests. You must comply with check-in and check-out times. If you and/or your Guests are going to arrive outside the check-in day and/or time set out in your confirmation, you must contact the Affiliated Resort directly to make alternative check-in arrangements, subject to availability. The Affiliated Resort may levy a charge or impose other conditions for any accommodation outside the days specified on the confirmation. Members and their Guests may be refused entry to Affiliated Resorts if they cannot verify their identity by means of a valid passport, driving licence or other form of identification. |
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g. |
You 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 OHC. You are responsible for all other fees and should pay them directly to the resort, hotel, car rental agency, tour provider or cruise line. Disputes over fees assessed by travel providers are between the you and the provider, and you waives any and all claims against OHC in this regard. |
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You and your guests must occupy and use any accommodations received through OHC in a responsible, careful and secure manner. You are responsible for all damage, theft or loss caused by you and/or your guests. You and/or your Guests must comply with the Affiliated Resort’s rules and regulations. |
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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. |
8. |
GUESTS |
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a. |
You may not use any benefit of Membership for any commercial purpose, including rental, sale or barter. A Holiday confirmation may only be used by the Member who receives it from OHC unless that Member gives the Holiday confirmation to a friend or family member by requesting a Guest Certificate. OHC reserves the right to charge an administration fee for issuance of Guest Certificates. |
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b. |
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. The recipient of a Guest Certificates is subject to any conditions, restrictions, limitations or charges imposed by the relevant Affiliated Resort. |
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Members are responsible for all acts and omissions of their guests and for any damages caused or expenses incurred by their guests, including but not limited to any charges relating to the booking or its cancellation, for occupation of the accommodation by more than its maximum occupancy and for replacing any missing items. |
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OHC 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 occupancy of the confirmed Holiday. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed Holiday are not eligible for refund. |
9. |
IDENTIFICATION AND CONFIRMATIONS |
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a. |
You and your guests are responsible for ensuring that all travellers carry the proper documentation required for entry into or passage through any country or jurisdiction outside their country of citizenship. You and your 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 travellers in your group. OHC assumes no responsibility for identifying and/or advising travellers of immigration and customs requirements. |
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Holiday Confirmations ("Confirmations") are valid only if issued in writing by OHC. You are responsible for verifying all details in the Confirmation, including verifying the correct legal name of all travellers on the Confirmation, and notifying OHC immediately if any information on the Confirmation is incorrect. You are responsible for any ancillary charges incurred as a result of changes to any aspect of the Confirmation. Changes may be treated as a cancellation at OHC’s sole discretion. |
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If a confirmed accommodation becomes unavailable due to natural disaster, acts of God, civil unrest, or any other reason beyond OHC’s control, you waive any and all claims against OHC. |
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OHC 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 OC Holiday accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or any deposited Holiday Ownership, may apply. |
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A £25 per person service fee may be charged for any changes made to travel arrangements after confirmation. |
10. |
CANCELING CRUISE, RESORT HOLIDAY, EXPERIENTIAL HOLIDAYS, TOURS, HOTEL, CAR AND/OR RESERVATIONS |
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a. |
OHC reserves the right (without refund) 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 OHC. A service fee and/or loss of Deposit and deposited Holiday Ownership will apply. |
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b. |
You may cancel a confirmed exchange at any time either in writing (by letter or email) by notifying either MemberServicesEurope@iceenterprise.com. or OHC at Our Holiday Centre, Kettering Parkway, Kettering, Northants NN15 6EY, United Kingdom . 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. |
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c. |
All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any OHC 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. |
11. |
LOYALTY PROGRAM |
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a. |
You may earn and redeem Platinum Rewards loyalty points during your Membership. Earnings and redemption options and schedules are available on-line at www.MyPlatinumRewards.co.uk or by calling the OHC Call Centre at 00800 8884 7852. |
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b. |
You may redeem Platinum Rewards loyalty points as partial payment for cruise Holidays, experiential Holidays, tours, hotels stays, and car rentals. |
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Member’s points expire at the end of Member’s Membership. |
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Points have no cash value and are not transferable. |
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Point redemptions may not be combined with any other discount or promotion. |
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f. |
Platinum Rewards loyalty points may be reinstated in the event of a cancellation per Section 10 above. |
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g. |
There is a membership fee for Platinum Rewards per year. If the membership expires, you may be subject to a reactivation fee plus the yearly membership fee. You can call 0800 8884 7852 to renew your Platinum Rewards Membership and get special promotional multi-year rate. When renewing your membership or purchasing a promotional multi-year membership, you will have ten (10) business days from the purchase date to get a full refund. To receive a refund, you must write Platinum Rewards, Our Holiday Centre, Kettering Parkway, Kettering, Northants NN15 6EY, United Kingdom or call 0800 8884 7852. Cancellation requests received later that ten (10) business days after the purchase date will not be honoured. All membership rates, fees, and promotional offers are subject to change at any time without prior notice, at the sole discretion of Platinum Rewards. |
12. |
GENERAL |
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Members hereby permit their telephone conversations with OHC representatives to be tape recorded and/or monitored for training and quality control purposes. |
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OHC 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 dialling 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. |
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c. |
If Members and Members’ guests should incur loss or damages through use of any benefit under the Platinum Rewards Subscription, OHC’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 OHC be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of OHC. In no event will OHC 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. |
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d. |
These Terms of Membership will apply to all programmes or services offered by OHC to Members, their travelling companions and their Guests, together with any other applicable terms and conditions notified to you by OHC . The description of fees and benefits, and any procedures for requesting and effectuating Holidays may be changed from time to time by OHC. Current Terms and Conditions, Subscription fees, benefits, and procedures can be reviewed online at www.MyPlatinumRewards.co.uk , which shall supersede all other Platinum Rewards Subscription Terms of Membership . Members may also request a current version by calling the OHC toll free phone number or by mailing your request to OHC. |
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Programmes or services offered at OHC’s discretion through OHC or by third parties with the permission of OHC are subject to separate terms and conditions of which you will be notified at the time such offers are made and may be changed or eliminated without prior notice. |
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f. |
Failure to comply with these Terms of Membership, or failure to pay any sums owed to OHC, 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. |
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g. |
These Terms of Membership shall be governed by and construed in accordance with the laws of England and Wales, whatever the nationality of the Member. Where these Terms of Membership are translated into a language other than English, the English text shall prevail. The Platinum Rewards Membership is not covered by ABTA’s Scheme of Financial Protection and does not form part of a package holiday regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992 . |
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h. |
Our Holiday Center is a fictitious name used by ICE Europe Limited, Company Number 3793955, having offices at Kettering Parkway, Kettering Venture Park, Kettering, Northamptonshire NN15 6EY, registered in England and Wales. Registered No: 1148410. |
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OHC, 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. |
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j. |
A £25 service fee will be charged for all returned checks and two or more instances of declined credit cards. |
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k. |
Replacement or additional Subscription cards will be provided to Members upon request. Member may be required to pay a £5 per card processing fee. |
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l. |
OHC is the sole controller of all data held in relation to Members and their Guests resident in the EU/EEA Member States and all processing of data relating to your membership and to your or your Guests’ use of exchange or other accommodation or of related travel services offered by OHC is therefore (in accordance with EC Directives 95/46/ EC and 97/66/EC) subject to UK data protection laws only. You acknowledge and consent that your personal data may be passed out of the EEA for the purpose of operating the OHC Platinum Rewards Membership. |
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m. |
OHC will maintain records relating to your membership and to your and your Guests’ use of your Membership and shall be entitled to process such data for the purpose of providing you or your Guests with the products and services requested; to keep you or your Guests informed of further offers from us which may be of interest to you or your Guests (unless you or your Guests write to us asking us to exclude you or them from such offers or alternatively telephone, fax or email us to that effect) and for our own administration, market analyses and operational reviews. You agree that OHC, or any associated companies or third parties authorized by OHC, shall be entitled to make contact with you or your Guests by post, e-mail, telephone, including automated dialling equipment, facsimile transmissions, and/or pre-recorded messages for the purposes set out in this paragraph. We shall be entitled to disclose to any associated companies and third parties (including but not necessarily limited to resorts, owners’ associations, resort trustees, management companies, airlines, insurance companies, car hire companies, ferry and cruise operators and other suppliers) such information as may be necessary to provide you or your Guests with products and services you or they have requested; verify details relating to your membership or your Holiday Ownership rights or your Guests’ use of exchange or other accommodation; or notify you of travel or other services or products which we believe may be of interest. You or your Guests are entitled to receive a copy of any data held by us relating to you or them subject to payment of an administration fee of no more than the maximum stipulated in the UK Data Protection Act 1998. We shall be entitled to rely on your consent and your Guests’ consent to receive information regarding such products and services (even if your membership has been suspended or has otherwise expired or terminated) for a period of up to five years after termination of your membership or your Guests occupation or use of accommodations, or if you have made use of related travel services offered by OHC, up to five years from the date of use of such services, unless you write to let us know otherwise. |