SFX Diamond Rewards Membership Terms & Conditions
These SFX Diamond Rewards Membership ("Membership") Terms and Conditions of the International Cruise & Excursion Gallery, Inc. ("ICE"), also doing business as Our Vacation 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, vacation club or vacation plan ("Vacation Ownership") and who applies and is accepted as a subscribing member ("Member") by OVC.
2. APPLYING FOR A MEMBERSHIP
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. If payment plan is elected, membership fees must be paid in full ninety (90) days prior to any vacation travel date.
The Membership must be in the name of an individual(s) who owns the Vacation Ownership. In the event a corporation, partnership, trust, or other entity holding Vacation 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.
Up to two co-owners of Vacation Ownership who reside at the same address may apply for a single 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 Subscribers, each must apply for a separate Membership.
OVC may honor instructions from any person listed as a co-owner of Vacation Ownership in a Membership and, in the event of conflicting instructions, OVC may refuse to honor the latter instruction received.
3. THE SFX DIAMOND REWARDS MEMBERSHIP
The SFX Diamond Rewards Membership includes the ability to exchange Vacation Ownership for steeply discounted cruises, experiential vacations, and tours, the ability to purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, a Subscription to Privileges Magazine, and the ability to earn and redeem loyalty points.
Privileges Magazine is provided to Members from time to time in electronic format and on-line atwww.SFXDiamondRewards.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.
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.
4. TERM & RENEWAL OF MEMBERSHIP
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.
Member may renew Membership by calling member services at OVC’s toll free telephone number at 1-866-847-6905 or by visiting www.SFXDiamondRewards.com. Renewals will be accepted from those members who are current with all Membership dues and are in compliance with these Terms and Conditions.
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.
5. EXPIRATION CANCELLATION & SUBSCRIPTION TRANSFER
The expiration of a Trial, Renewal, or Enhanced Subscription (either annual or longer term), shall result in the Subscription automatically reverting to a Basic Subscription. The SFX Diamond Rewards Basic Subscription includes a subscription to Privileges Magazine and a membership affording Subscribers the ability to purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, and airfares unless the Subscriber chooses to opt-out of receiving Privileges Magazine or promotional email offers. Upon expiration of a Trial, Renewal, or Enhanced Subscription, all Week Deposits, Vacation Cash, and Loyalty Point balances accrued prior to the Trial, Renewal, or Enhanced Subscription’s expiration shall be forfeited by the Subscriber unless the Subscription is renewed.
Member may cancel the initial Membership by providing OVC written notice of cancellation to SFX Diamond Rewards, 15501 North Dial Blvd, Scottsdale AZ, 85260 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.
Member may cancel a renewal Membership or promotional multi-year Membership, by providing OVC written notice of cancellation to SFX Diamond Rewards, 15501 North Dial Blvd, Scottsdale AZ,85260 within ten (10) days of purchasing the renewal Membership or promotional multi-year Membership.
If the Member sells their Vacation 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.
6. VACATION EXCHANGES AND OWNERSHIP DEPOSITS
All Members must be in good standing with their home resort, vacation plan, or vacation club and all expenses associated with the Subscriber’s Vacation Ownership, vacation plan, or vacation club including but not limited to the payment of maintenance fees, assessments, common expenses, recreational fees, promissory notes, mortgage payments, taxes, and/or membership fees must be paid current as reported by the resort, vacation plan, or vacation club to OVC. OVC reserves the right to refuse to provide any services or benefits to Member until such time as Member’s resort, vacation club or vacation plan provides OVC with written confirmation that all obligations of the Member have been fulfilled.
Vacation Exchanges enable Members, during the term of their Membership, to deposit Vacation Ownership with OVC to partially pay for cruises, experiential vacations, and tours.
OVC provides travel services and is an authorized Seller of Travel. OVC does not provide Vacation Ownership exchange services.
Member may deposit their Vacation Ownership through a written deposit form provided to OVC, over the telephone with a SFX Diamond Rewards representative, or on the SFX Diamond Rewards website. These terms and conditions apply to all methods of deposit utilized by Member.
Members making a Vacation Ownership deposit with OVC and requesting an OVC Cruise Vacation receive the SFX Diamond Rewards exchange pricing for up to four (4) double-occupancy cabins purchased during a single transaction as a result of their Vacation Ownership deposit.
A maximum of one (1) Vacation Ownership deposit is allowed per cruise cabin.
Use of accommodations is subject to certain cruise line age requirements.
By depositing Vacation 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 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 of Member’s 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 Vacation Ownership in the OVC resort pool, Member relinquishes all rights to use that Vacation Ownership and agrees that OVC may use such deposited Vacation Ownership at its sole discretion.
In the event Member deposits the designated the deposited Vacation Ownership with another entity or otherwise renders the Vacation Ownership unavailable to OVC, Member shall be responsible to pay OVC the Member purchase rates in effect at the time the cruise, experiential vacation, 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.
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 occupancy. Deposits less than six (6) months prior to the start date of the Vacation Ownership occupancy are permitted if pre-approved by OVC and are subject to a $150 deposit fee.
Members who own "flexible", "floating", or "points-based" Vacation Ownership may be required to obtain resort confirmation/verification of their Vacation Ownership prior to depositing their Vacation Ownership with OVC.
Vacation 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 Vacation Ownership Resort may, at OVC’s discretion, invalidate your ability to deposit Vacation Ownership. There is no fee for depositing Vacation Ownership from a resort affiliated with, and in good standing with, OVC.
In the event a Member requests the return of a deposited Vacation Ownership, OVC will take reasonable steps to return the unused Vacation Ownership deposit, provided the member has not utilized the deposit toward a cruise, experiential vacation, or tour or OVC has not sold the deposited Vacation Ownership. A service charge will be applicable for each returned Vacation Ownership deposit.
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.
If within twenty-four (24) months following the initial deposit of your Vacation Ownership, Member has not requested and/or accepted a cruise, experiential vacation, and tour through OVC, Member will lose all credit for that deposit.
Options available to Members for the deposit of Vacation Ownership, and the procedures and conditions governing vacation 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. Vacation Ownership deposits and vacation requests are accepted subject to your compliance with these terms and conditions.
7. VACATION PURCHASES
Subscribers, during the term of their Subscription, have the ability to purchase best-rate-guaranteed cruise vacations, hotels stays, and resort vacations. Subscriber may purchase such travel online or by calling the call center at 866-847-6905.
The Best Rate Guarantee (“BRG”) requires written proof of the availability of the identical cruise vacation, hotels stay, resort vacation, at a lower rate to the general public with 48 hours of purchase by Subscriber. 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, and 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.
8. USE OF VACATION ACCOMMODATIONS
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. If payment plan is elected, membership fees must be paid in full ninety (90) days prior to any vacation travel date.
OVC will apply any reasonable restrictions on Member’s vacations as required by OVC’s Affiliated Resorts, Cruise Lines, Tour Operators, and Hotel providers.
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.
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.
Information provided to Member about cruises, resorts, experiential vacations, 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.
The total number of people occupying any vacation 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.
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.
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.
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.
None of the Membership benefits may be used for any commercial purpose, including rental or sale or barter. 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.
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. Members are responsible for all acts and omissions of their guests and for any damages caused or expenses incurred by their guests.
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.
10. IDENTIFICATION AND CONFIRMATIONS
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.
Vacation 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 offal 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.
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.
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 vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or any deposited Vacation Ownership, may apply.
A $25 per person service fee may be charged for any changes made to travel arrangements after initial confirmation.
11. CANCELLATIONS AND/OR RESERVATIONS
OVC reserves the right to cancel a confirmed vacation, 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 any similar charges with respect to the Member’s Vacation Ownership, or for any reason the deposited Vacation Ownership is made unavailable to OVC.
A service fee and/or loss of Deposit and deposited Vacation Ownership will apply. Members must cancel Confirmations by notifying OVC in writing at 15501 North Dial Blvd, Scottsdale AZ, 85260. 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. All cancellations are subject to vendor cancellation policies and fees. In addition, there will be no refund of any OVC Deposits. A SFX Diamond Rewards vacation 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 vacation, experiential vacation, tour, hotel, or car reservation.
12. LOYALTY PROGRAM
Members may earn and redeem SFX Diamond Rewards loyalty points during their Membership. Earnings and redemption options and schedules are available on-line at www.SFXDIamondRewards.com or by calling the OVC call center at 1-866-847-6905. Members may redeem SFX Diamond Rewards loyalty points as partial payment for cruise and tour vacations. Member’s points expire at the end of Member’s Membership. Points have no cash value and are not transferable. Point redemptions may not be combined with any other discount or promotion. SFX Diamond Rewards loyalty points will be reinstated in the event of a cancellation per Section 10 above.
13. VACATION CASH
Vacation Cash is valued and available as indicated on the SFX Diamond Rewards website inside the Vacation Cash section within the membership of Redeemer. Vacation Cash can only be applied by SFX Diamond Rewards Redeemer to the purchase of Cruises, Resorts and Experiential Vacations offered through SFX Diamond Rewards unless a specific offer, rebate, or reward states otherwise. Other restrictions may apply. Vacation Cash cannot be used to purchase travel insurance Vacation Cash is not transferrable but can be applied by the Redeemer to the purchase of Cruises and Experiential Vacations offered through SFX Diamond Rewards for non-members and additional fees may apply. Vacation Cash must be applied at time of new booking. Vacation Cash can be combined with SFX Diamond Rewards. Vacation Cash expires one (1) year from issuance. Vacation Cash must be applied to new bookings prior to this expiration date. If cancellation of a vacation booked using Vacation Cash occurs within penalty Vacation Cash will be the first funds applied against penalty. If any portion of Vacation Cash remains after penalty it will then be refunded directly into the SFX Diamond Rewards Vacation Cash account. To apply Vacation Cash to a Cruise, Resort or Experiential Vacation SFX Diamond Rewards members should call 1-866-847-6905. Vacation Cash is only available while the SFX Diamond Rewards membership is active. If membership lapses into an expired status, all Vacation Cash funds will be absorbed by SFX Diamond Rewards and be no longer available to SFX Diamond Rewards member. Vacation Cash is not redeemable or refundable, upon the cancellation of a vacation, for cash.
Members hereby permit their telephone conversations with OVC representatives to be tape-recorded and/or monitored for training and quality control purposes.
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 Membership has been suspended or has otherwise expired or terminated.
A $25 service fee will be charged for all returned checks and two or more instances of declined credit cards.
If Members and Members’ guests should incur loss or damages through use of any benefit under the SFX Diamond Rewards Membership, OVC’s liability for such loss or damage will be limited to the injured party’s fees paid for the Membership 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. 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 vacation, or tour provider or from any other travel related product or service provided to Member directly.
These Terms and Conditions and any fees, benefits, seasonal designations and other priorities, and any procedures for requesting and effectuating vacations may be changed from time to time by OVC. Current Terms and Conditions, Membership fees, benefits, and procedures can be reviewed online atwww.SFXDiamondRewards.com, which shall supersede all other SFX Diamond Rewards Membership Terms and Conditions.
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.
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 Membership without further obligation. If suspension is based upon non-payment, Member’s Membership will remain suspended until all sums that are owed are paid in full and will not be extended beyond its original expiration date.
Programs, products, and services offered through OVC or by third parties with the permission of OVC, including but not limited to reservations, accommodations, certificates or promotional items, may not be used for any commercial purpose, including without limitation auction, rental or sale. Unauthorized transfer of any rights or benefits conferred pursuant to any membership agreement is grounds for immediate termination without refund.
These Terms and Conditions and the SFX Diamond Rewards Membership 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 vacationing 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.
OVC and Our Vacation Center are and fictitious names used by the International Cruise & Excursion Gallery, Inc., a Delaware corporation, with its principal place of business at 15501 N Dial Boulevard, Scottsdale, AZ 85260.
OVC, Our Vacation Center, Club Concierge, SFX Diamond 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.