1. INTRODUCTION
These Terms of Membership set out the legally binding contract between RCI
India Pvt.Ltd ("RCI" or "we") and each person who has the
legal right to own, occupy or use accommodation ("Holiday
Ownership") in a resort or holiday plan which has affiliated to the RCI
Exchange Programme (an "Affiliated Resort") and who applies or is
accepted for membership of RCI or who uses the RCI Exchange Programme
("Members" or "you"). The provisions of these Terms of
Membership will apply to all programmes or services offered to Members by RCI
together with any other applicable terms and conditions notified to you by RCI.
Programmes or services offered at RCI's discretion through RCI or by third
parties with the permission of RCI are subject to separate terms and
conditions which will be notified to you.
2. THE RCI EXCHANGE PROGRAMME
RCI will allow participation in its programme of facilitating the exchange of
Holiday Ownership rights (meaning the rights you have by virtue of your
Holiday Ownership to occupy your holiday accommodation) at Affiliated Resorts
to all Members who pay the appropriate charges referred to in these Terms of
Membership and otherwise comply with these Terms. RCI will also send to such
Members from time to time RCI Holiday Directory of
Resorts, holiday and travel offers and other RCI publications. Please
note that RCI is only responsible for statements about RCI and the RCI
Exchange Programme made by RCI and not for any made otherwise (such as ones
made by Affiliated Resorts, their sales personnel or any other third party,
who are independent and not agents of RCI).
3. APPLICATION FOR MEMBERSHIP
3.1 To become a Member, you must be at least 18 years of age, an enrolment
application must be submitted to RCI in a form and/or medium prescribed by RCI
and the applicable subscription fee must be submitted to RCI by you or on your
behalf. Your application must then be accepted by RCI. We reserve the right to
refuse any enrolment application and refund subscription fees paid to the
party from whom they were received in the event that the enrolment application
is not in a form prescribed by RCI or for other good reason, 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 of competent
jurisdiction. Acceptance of your membership is effective from the time that we
write to you notifying you of your membership number.
3.2 Membership runs on an annual basis, starting on the day of the month in
which your application is accepted and expiring on the last day of that month
in the year of expiry. RCI's standard subscription fee covers each Holiday
Ownership of up to (and including) 5 weeks at each Affiliated Resort.
Accordingly, a separate subscription fee is payable for each Holiday Ownership
at different Affiliated Resorts and for each Holiday Ownership in excess of 5
weeks.
3.3 Membership must be in the name of an individual(s) who owns Holiday
Ownership and so if a company, partnership, trust, unincorporated association
or other entity owns Holiday Ownership, an enrolment application form must be
completed on the owner's behalf in the name of an officer, partner or trustee
and RCI shall be entitled to treat such person, as well as the owner, as the
Member for all purposes.
3.4 Up to 2 co-owners of Holiday Ownership who live at the same address may
apply for a single membership. The membership card will show only the name of
the individual(s) registered by us. However, if more than 2 persons are listed
as owning a Holiday 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 memberships. RCI is entitled to treat each owner as the Member and,
in the event of conflicting instructions, may refuse to accept instructions
received from either co-owner and may suspend or cancel (with an appropriate
refund) exchange privileges relating to such Holiday Ownership unless such
instructions can be reconciled or resolved. We will provide one set of RCI
publications to each membership address registered by us.
3.5 Only Members may deposit Holiday Ownership rights, request exchanges,
request and receive guest certificates or carry out other transactions
relating to their membership. RCI will refuse any instructions received from
non-members, guests or any other third parties unless you confirm in writing
to RCI that such persons are duly authorised to give such instructions
relating to your Holiday Ownership rights.
4. RENEWAL OF MEMBERSHIP
Continuing membership is conditional on the payment of the applicable
subscription fee for the following year. We will send you a written reminder
for any subscription fee payable by you prior to the expiry date of your
membership. You may renew or extend your membership at any time by forwarding
to RCI the applicable subscription fee. If payment is not made within the date
specified on the written reminder and we nevertheless agree to accept the
renewal, we reserve the right to charge a re-instatement fee in addition to
the applicable subscription fee; this may vary but is currently Rs.3,400/- and
payment of this re-instatement fee is also a condition of renewal. We also
reserve the right to refuse to renew a membership for good reason, 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 of competent
jurisdiction and any fees paid for an application for renewal which is refused
will be returned.
5. RELATIONSHIP BETWEEN RCI AND THE AFFILIATED RESORT
5.1 RCI and the developer, marketer, seller, trustee, owners association and
management of the Affiliated Resort are separate and distinct entities and RCI
has no joint venture, partnership or agency relationship with any of them. The
RCI Exchange Programme and the products or services that are sold by or on
behalf of Affiliated Resorts, including but not limited to Holiday Ownership,
are also separate and distinct. RCI does not develop, sell or market Holiday
Ownerships. However, there is a resort affiliation agreement between RCI and
each Affiliated Resort enabling each Affiliated Resort to submit enrolment
application forms and, if agreed between the buyer and the seller, pay certain
membership fees on behalf of buyers of Holiday Ownership at the Affiliated
Resort for an initial membership period.
5.2 These Terms of Membership are separate and distinct from your agreement(s)
with the developer, marketer, seller, trustee, owners association and/or
management of the Affiliated Resort and from the resort affiliation agreement
referred to above. However, if the Affiliated Resort does not fulfil the
obligations in its resort affiliation agreement with RCI or if the resort
affiliation agreement ends for any reason, the resort may lose its Affiliated
Resort status and RCI may as a result suspend or terminate the rights of
existing Members who have Holiday Ownership at that resort to use such Holiday
Ownership in the RCI Exchange Programme. If a Member has no Holiday Ownership
at any other Affiliated Resort, then membership may be terminated (in which
case a refund will be made as provided for in paragraph 15.4 below) or renewal
of membership denied. Accordingly, your decision to buy Holiday Ownership
should be based primarily on the benefits to be gained from the ownership, use
and enjoyment of your Holiday Ownership at the Affiliated Resort and not on
the anticipated benefits of exchanging it through the RCI Exchange Programme.
5.3 Information about Affiliated Resorts published by RCI, including without
limitation available facilities, amenities and services, is based on
information obtained from the relevant Affiliated Resort. You should be aware
that facilities, amenities and services provided at the Affiliated Resort may
not necessarily be available or may be restricted at certain times of the
year. Accordingly, although RCI makes reasonable efforts to ensure that resort
information provided by RCI is accurate and complete as of the date such
resort information is provided by RCI to you, RCI cannot accept responsibility
for any inaccurate, incomplete or misleading information about any Affiliated
Resort provided to Members or their guests, except in the case of negligence
on the part of RCI. RCI makes no warranty or representation (other than any
made in writing by RCI) about any Affiliated Resort, the title of the owner or
trustee of the Affiliated Resort or the management of the Affiliated Resort by
the management company. Members are free if they wish to make their own
enquiries on such matters.
6. DEPOSITING YOUR HOLIDAY OWNERSHIP
6.1 Before you can request an exchange or receive an exchange confirmation,
you must:
6.1.1 be a current Member with subscription fees paid up to the last date of
the Holiday Ownership rights deposited and the final date of the exchange
requested, whichever is the later;
6.1.2 obtain a written allocation of time and resort from the Affiliated
Resort and send it to RCI, where your Holiday Ownership rights are for an
unspecified time or resort (i.e. "floating time"); and
6.1.3 deposit Holiday Ownership rights with us and we will put them into the
RCI SPACEBANK Pool of exchange accommodation.
6.2 By depositing Holiday Ownership rights, you relinquish all rights to use
them and agree that those Holiday Ownership rights may be used by RCI without
restriction to conduct exchanges, inspection visits, promotions and other
purposes in RCI's discretion. You must not use Holiday Ownership rights
deposited or exchange confirmations obtained for any commercial purposes,
including rental, sale or onward exchange to a third party or allow them to be
used by any third party for such purposes.
6.3 When you deposit Holiday Ownership rights with us, you represent and
warrant to us that: (a) you have or will have the legal right to use or assign
the use of the Holiday Ownership rights deposited and all other resort
amenities to which you have access for the period deposited; (b) the deposited
Holiday Ownership rights have not been, and will not be, assigned, let,
offered or made available to any third party (save as set out in paragraphs 10
and 15.2 below), (c) the Holiday Ownership is, so far as you are aware, in
good and useable condition; and (d) all maintenance fee assessments, taxes and
other charges (whether levied by the management company at the Affiliated
Resort or any other third party) due in respect of the Holiday Ownership on
the date of deposit have been paid and that any arising after the date of
deposit will be paid by the due date for payment in accordance with the rules
established by the Affiliated Resort at which you have Holiday Ownership
rights. If a Member has not paid any maintenance fees or other charges by the
due date, RCI may at the request of the Affiliated Resort suspend the Member's
exchange privileges for that Holiday Ownership until notified by the
Affiliated Resort that outstanding amounts have been paid. Membership may be
terminated or renewal of membership denied in the event that the Affiliated
Resort cancels or repossesses your Holiday Ownership and you have no other
Holiday Ownership at any other Affiliated Resort.
6.4 You may withdraw the deposit of your Holiday Ownership rights at any time
unless they have already been assigned to another person or unless you have
received a confirmed exchange in respect of that deposit.
7. REQUESTING AN EXCHANGE
7.1 You must pay in advance the exchange fee current on the date of request
for each exchange requested. If RCI is unable to confirm an exchange
acceptable to you we will hold the exchange fee as a credit to your account
against future exchange fees or on your request refund it to you in the same
manner in which it was paid. There must be at least one member of 18 years or
older in the exchange party or 21 years or older for travel to the USA.
7.2 Options available to Members for the exchange of Holiday Ownership rights
and the procedures and conditions governing them are set out in RCI
Holiday Directory of Resorts and other RCI publications from time to
time. Such procedures and conditions are incorporated in these Terms of
Membership in their entirety. In particular, these explain the elements that
make up the trading power of SPACEBANK deposits. SPACEBANK deposits and
exchange requests are accepted subject to your compliance with these
procedures and conditions.
7.3 Our ability to confirm a request is dependent on the availability of
Holiday Ownership rights deposited by others in the RCI SPACEBANK Pool which
are acceptable to you. We therefore cannot guarantee that any particular
request for a resort, area, travel date, type or size of accommodation, travel
supplier or otherwise relating to your exchange will be met. We will, though,
offer you alternative choices which may be available. Designated occupancy
levels may be subject to change.
7.4 A legally binding contract is formed when the exchange reservation is
made. Confirmation of the arrangements will be sent out subsequently by RCI
and will be valid only if issued by RCI in writing. You must check on receipt
all the details in the confirmation carefully and let us know as soon as
possible if anything is incorrect, as subsequent changes to any material
aspect of the confirmation may be treated as a cancellation.
8. USE OF EXCHANGE ACCOMMODATION
8.1 Members and their guests must occupy and use any accommodation into which
they have exchanged in a responsible, careful and secure manner. Members are
responsible for any damage caused by them, their guests or others staying with
them and must comply with the Affiliated Resort's rules and bye-laws and
replace any items missing from their accommodation on departure.
8.2 The total number of people (babies and children included) occupying the
accommodation must not exceed the maximum occupancy of the unit set out in the
exchange confirmation or guest certificate; otherwise, the Affiliated Resort
may refuse access or levy an additional charge. Members accept the fact that
accommodation may vary in unit size, design, fixtures, furnishings, amenities
and facilities from their own Holiday Ownership.
8.3 Members are responsible for payment of any applicable taxes, personal
expenses, utility charges, security deposits and other fees or charges levied
by an Affiliated Resort on occupiers for the use of amenities and facilities
there.
8.4 If you or your guests are going to arrive outside the check-in day and/or
time set out in your confirmation, you or them should contact the Affiliated
Resort directly to make alternative check-in arrangements. The Affiliated
Resort may levy a charge or impose other conditions for any accommodation
outside the days specified on the confirmation.
8.5 Affiliated Resorts may, where necessary, allocate alternative
accommodation to the unit confirmed provided it has at least the same maximum
occupancy and is of similar overall quality.
9. CANCELLATION OF EXCHANGES
9.1 If you have not requested an exchange through RCI or accepted one of the
reasonable resort choices and/or dates offered by RCI within 24 months after
the start date of the Holiday Ownership rights deposited, then you will lose
all credit for that deposit and will not be entitled to receive an exchange
for that deposit.
9.2 You may cancel a confirmed exchange by notifying RCI. We will act on your
instructions, whether received in writing (by letter, facsimile or e-mail) or
by telephone. Unless specific cancellation terms applying to your exchange
have been notified to you by us, you will receive a refund of your exchange
fee only if RCI receives notice of cancellation by the end of the business day
on which you notified it that you wished to accept an exchange offered to you
(unless it is within 14 days of the start date of the exchange confirmed, when
there shall be no refund). Non-refundable exchange fees may be reimbursable
under RCI's holiday insurance.
9.3 If you cancel your exchange at least 2 clear days before its start date,
you may request another exchange against the Holiday Ownership rights which
you have already deposited in the RCI SPACEBANK Pool; however,
their trading power may well have reduced.
9.4 We reserve the right (without refund) to cancel a confirmed exchange or
cancel an exchange request and deny exchange privileges of any Member whose
payment is rejected by the Member's bank or credit card company or who has not
paid any maintenance fee assessments or other similar charges relating to
their Holiday Ownership by the due date for payment.
9.5 We can accept no responsibility if confirmed accommodation becomes
unavailable due to any reason beyond our control, such as overbooking (other
than by RCI), denial of access by the Affiliated Resort or any natural
disaster, act of God, civil unrest or government action. Where such
circumstances beyond our control occur before departure (for example, where
there has been significant prior damage to the accommodation or where the
Affiliated Resort notifies us that the accommodation has already been let out
or exchanged through a third party), we reserve the right to cancel a
confirmed exchange. In these circumstances, we will offer you an equivalent
alternative exchange against your deposit. If no equivalent alternative
exchange is available, we will either hold the exchange fee paid as a credit
to your account against future exchange fees or, at your request, refund the
exchange fee and allow you another exchange request against your deposit with
no reduction in trading power.
9.6 RCI reserves the right to cancel a confirmed exchange, permanently cancel
exchange privileges, revoke guest certificates and terminate the membership of
the relevant Member and/or deny access to any of the products or services
offered in connection with a membership in the event of any misuse of an
exchange confirmation or guest certificate by the Member or his/her guest(s)
(in particular, but without limitation, use for commercial purposes) or other
breach of these Terms of Membership.
10. GUESTS
10.1 An exchange confirmation can be used only by the Member who has deposited
his/her Holiday Ownership rights for exchange in the SPACEBANK Pool, unless
the Member gives the exchange confirmation to a friend or family member by
purchasing a guest certificate from us for the guest certificate fee current
on the date of issue. Persons who have Holiday Ownership rights at Affiliated
Resorts, but who are not Members, may not be recipients of guest certificates.
Such persons must enrol as Members, deposit their Holiday Ownership rights and
submit their own exchange request(s).
10.2 Members should ensure that guests check on receipt all the details on the
guest certificate carefully and notify us as soon as possible if anything is
incorrect. Guest certificates can be used only by the person(s) named on them
and must not be used by anyone under 18 years of age or 21 years of age for
travel to the USA. Additional people may travel with the recipient of the
guest certificate provided that the number of persons does not exceed the
maximum occupancy limit on the exchange confirmation. Guest certificates are
not transferable and must not be used for any commercial purpose, including
rental, sale or onward exchange to a third party. Their use is subject to any
conditions, restrictions or limitations imposed by the relevant Affiliated
Resort.
10.3 Members are fully responsible for their guests and everyone travelling
with a guest who has been issued a guest certificate. This means that Members
accept liability for all the acts, omissions, neglects and/or defaults of
guests and everyone travelling with a guest who has been issued a guest
certificate, for any damage caused by them or expenses unpaid by them, for any
charges relating to the booking or its cancellation, for occupation of the
accommodation by more than its maximum occupancy and for replacing any items
missing from the accommodation on departure.
10.4 Guest certificate fees are not refundable. In cases of cancellation, they
may be reimbursable under RCI's holiday insurance.
11. FLIGHTS, CAR HIRE, INSURANCE AND OTHER SERVICES
Any services made available by us other than exchange (such as flights, car
hire, insurance, ferries, cruises and safaris) are made available subject to
and in accordance with the RCI Booking Conditionsand/or
the terms and conditions of all relevant organisers or suppliers from time to
time. Copies of the RCI Booking Conditions and all relevant organisers' and
suppliers' terms and conditions will be made available to you at the time of,
or prior to, confirmation of booking. The nature of the services offered will
vary from time to time and we reserve the right to vary, withdraw or add
services at any time, with or without notice.
12. COMMUNICATING WITH YOU
12.1 RCI 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' occupation and use of
exchange or other accommodation or of related travel services offered by RCI
is therefore (in accordance with EC Directives 95/46/EC and 97/66/EC) subject
to UK data protection laws only.
12.2 We will maintain records relating to your membership and to your and your
guests' occupation and use of exchange or other accommodation or of related
travel services offered by RCI (including information about you or your guests
provided by yourself, themselves or by third parties). We shall be entitled to
process those data for the purpose of providing you or them with the products
and services you or them have requested; to keep you or your guests informed
of further offers from us which may be of interest to you or them (unless you
or your guests write to us asking us to exclude you or them from such offers
or alternatively telephone, fax or e-mail us to that effect) and for our own
administration, market analyses and operational reviews. We, or any associated
companies or third parties authorised by us, 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 and resale companies, airlines, insurance companies, car hire
companies, ferry and cruise operators, safari organisers, and other suppliers)
such information as may be necessary to provide you or your guests with
products and services you or them have requested or for the purpose of
verification of details relating to your membership or your Holiday Ownership
rights or your or your guests' occupation and use of exchange or other
accommodation or of related travel services offered by RCI. 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.
12.3 We will always seek the consent of Members or their guests before
disclosing data relating to them for the making of offers by third parties, by
informing Members or their guests of an intention to process their data for
such purposes, and offering them a possibility to opt out of such use of their
data, in a form or document returned to us or alternatively by notifying us by
telephone, fax or e-mail.
When you or your guests have returned such a form or document to us without
having opted out of this use of your or their data, and provided that you or
your guests have not notified us to the contrary alternatively by telephone,
fax, or e-mail, third parties authorised by us may from time to time offer
products and services to you or your guests which such third parties consider
might be of interest to you or them by post, e-mail or by telephone, including
automatic dialling equipment, facsimile machines, and/or pre-recorded
messages. We shall be entitled to rely on your or your guests' consent to
receiving information regarding such products and services, thus expressed
(and, in your case, even if your membership has been suspended or has
otherwise expired or terminated), for a period of up to three years after
termination of your membership or, in relation to your guests, up to three
years after their occupation and use of accommodation at an Affiliated Resort,
or if you or your guests have made use of related travel services offered by
RCI, up to three years from the date of use of such services, unless you or
your guests write to us to let us know otherwise.
12.4 We may also record or monitor telephone calls to and from RCI, without
notification, for staff training and quality control purposes.
13. LIMITATIONS OF LIABILITY
13.1 If you or any guest suffers any loss or damage through use of the RCI
Exchange Programme, howsoever it may arise, we accept that we are liable for
that loss or damage up to a maximum amount of three times the sums received by
us for the exchange in connection with which the loss or damage occurred
(except in the case of death or personal injury resulting from RCI's
negligence when no such limit will apply). In no circumstances will we be
liable for loss or damage where the possibility of such loss or damage could
not reasonably have been foreseen by us. These limitations are also applicable
to all associated companies, servants and agents of RCI. Nothing in these
Terms of Membership affects your statutory rights.
13.2 Any complaints about accommodation or the services provided at an
Affiliated Resort should be made at the earliest opportunity to a person in
authority at the Affiliated Resort itself. If this does not produce a
satisfactory result, the Member or guest should contact the nearest RCI
servicing office as soon as possible. RCI accepts no liability to Members or
their guests for any costs and expenses incurred by them (including without
limitation the costs of alternative accommodation) without prior authorisation
from RCI in relation to any complaints about accommodation or the services
provided at an Affiliated Resort. In the unlikely event that the Affiliated
Resort does not resolve the matter, you should write to RCI's Quality
Assurance department giving full details of the complaint within 30 days of
your return. We reserve the right to refuse to consider any complaints made
where this procedure has not been followed.
13.3 RCI accepts no liability for the acts and omissions of any third parties
providing non-exchange-related programmes or services to you.
14. VARIATIONS
14.1 These Terms of Membership, the RCI Exchange Programme, seasonal
designations and RCI's procedures and conditions for effecting exchanges may
be changed by RCI from time to time. Members will be notified of any such
changes in RCI Holiday Directory of Resorts,
in other RCI publications produced for Members generally or by letter and no
such changes will take effect until they have been so published. The fees
charged by RCI (including without limitation the subscription fee, the
exchange fee, the guest fee and the reinstatement fee) and the basis for
calculating them are subject to review on 1st January each year and any
changes to fees resulting from such review may be introduced by RCI with
immediate effect. In addition, RCI may also revise its fees at any other time,
subject to prior notification in RCI Holiday
Directory of Resorts, in other RCI publications produced for Members
generally or by letter. These Terms of Membership and any changes notified as
above shall supersede and replace prior versions published in RCI
Holiday Directory of Resorts or otherwise.
14.2 RCI may assign these Terms of Membership to any third party and any such
assignment shall be binding on Members when notice of assignment is given to
them. Notice may be given in RCI Holiday Directory
of Resorts, in other RCI publications generally or by letter.
15. TERMINATION
15.1 You may terminate your membership at any time by giving us notice in
writing provided that you do not hold a confirmed exchange or have an
outstanding deposit in the RCI SPACEBANK Pool for a future date.
15.2 If you sell or transfer your legal right to any Holiday Ownership, you
must notify us as soon as possible. You must notify the purchaser or
transferee of any outstanding deposit for a future date of your Holiday
Ownership rights in the RCI SPACEBANK Pool and you must notify us of your
agreement with the purchaser or transferee as to who has the right to use such
deposit.
15.3 We may terminate or suspend your membership and any future exchange
privileges and cancel any outstanding confirmed exchange if any of the
following occur: (a) you fail to comply with any of these Terms of Membership;
(b) you fail to pay any sums due to RCI, any Affiliated Resort or any other
party in connection with an exchange, the accommodation the subject of an
exchange, your Holiday Ownership (including any management fees or other
charges payable by you to an Affiliated Resort in respect of your Holiday
Ownership) or any relevant travel arrangements; or (c) the resort at which you
have Holiday Ownership rights ceases to be an Affiliated Resort as set out in
paragraph 5.2 above.
15.4 On termination, we will refund any subscription fee paid in advance by a
Member (and not on his/her behalf) less the full one year subscription fee for
each year or part of a year for which s/he has been a member (or since the
last renewal) unless termination is due to your failure to pay any sums due or
comply with these Terms of Membership, in which case you will not be entitled
to any refund. Where a confirmed exchange is cancelled on termination due to
your breach of these Terms of Membership, your exchange fee will be forfeited,
but we will return the deposit of your Holiday Ownership rights from the RCI
SPACEBANK Pool unless they have already been assigned or exchanged to a third
party.
16. GOVERNING LAW AND DISPUTES
16.1 These Terms of Membership shall be governed by and construed in
accordance with the laws of England, whatever the nationality of the Member.
Where they are translated into a language other than English, the English text
shall prevail.
16.2 RCI and the Member agree that the English courts shall have jurisdiction
to resolve any disputes that arise in connection with these Terms of
Membership, save where the dispute is referred to arbitration under RCI's
Booking Conditions.
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