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These Rules detail the way in which your Discover Diamond membership operates and how you can use it. 1.1 Once all purchase monies detailed on your purchase agreement have been paid in full, you will be enrolled as a Discover Diamond Member. You will then be entitled to the following benefits for a period of 36 months commencing on the date specified in your purchase agreement. 1.2 You will be entitled to make reservations using your Accommodation Certificates at any of the resorts detailed in the Discover Diamond Resort Portfolio. Your weeks can be taken separately or together (up to a maximum of two weeks per calendar year), and at any time of year (subject to availability). Please note that resorts in some destinations (specifically Greece and the Balearics) do not open during the winter season. At the time of going to print, there are 38 holiday destinations in the portfolio. We reserve the right to withdraw any of the holiday destinations from the portfolio provided always that there remains sufficient choice of destinations for our members in the portfolio. 2.1 You have purchased Discover Diamond membership from the company named at the top of your purchase agreement. This product has been designed to enable you to experience a taste of what membership of Diamond Resorts European Collection Limited (“The European Collection”) has to offer. You will of course appreciate that you are not a full member of the European Collection and consequently, some of the benefits of full membership are not available to you. 2.2 Discover Diamond membership is managed by Diamond Resorts (Europe) Limited (hereinafter “us”, “our” and “we”), registered number 02353649, registered office Citrus House, Caton Road, Lancaster, Lancashire, England, LA1 3UA. 2.3 All bookings must be made through our reservations department (“Reservations”) by calling on 0345 034 4548 or by logging on to the Discover Diamond website at discoverdiamond.net ("the web"). 3.1 Only bookings made through Reservations will be valid and only Discover Diamond members can make a booking themselves. 3.2 Subject to paragraph 1 of these Rules, accommodation reservations may be requested no earlier than 395 days and no later than 24 hours prior to your desired reservation commencement date. Reservations for accommodation may not be made where the arrival and/or departure date of your reservation falls either wholly or partly outside of the term of your membership. The standard weekly check-in day may differ from resort to resort. Discover Diamond holiday accommodation cannot be used in conjunction with any other offers for holiday accommodation. Once your membership has expired any unused accommodation will be forfeited. 3.3 The majority of resorts in the Discover Diamond membership portfolio have studio, one bedroom and two bedroom accommodation and as a general guide, a studio will sleep up to two people, a one bedroom accommodation will sleep up to four people and a two bedroom accommodation will sleep up to six people. However there are some exceptions. 3.4 Please note that all holiday bookings are subject to availability. Although we will try our best, we cannot guarantee that any particular request can be fulfilled at any one time. We do not operate a waiting list. 3.5 Whilst it is open to you to use some or all of your accommodation allocation for weekend or short breaks, week allocations cannot be split. Any such usage will therefore require the surrender of one full week’s allocation for every partial week booked. Where you intend to use your week for a weekend/short break, you must notify us at the time of making the reservation of your intended occupation date. Failure to do so may result in the resort treating your booking as a “no- show” (as detailed in paragraph 5) in which case the accommodation may be allocated to someone else. 3.6 The accommodation booking must be used for a holiday for your own use and your immediate family and friends, and at least one of the Discover Diamond members must be in the traveling party. 3.7 The holiday booking cannot be used for exchange purposes or for any commercial purpose including but not limited to rental or promotional purpose. 3.8 You will be responsible for your guests and for their conduct during the holiday. In particular you will be responsible for payment of any expenses incurred by your guests or damage, costs or losses caused by them. You must make sure that your guests adhere to these Rules where applicable. 4.1 Please note that once a holiday booking has been made, any Accommodation Certificates redeemed in making the booking are deducted from your entitlement. Consequently, if you do cancel we are not obliged to reimburse the Accommodation Certificates to you. We will however do our best to help you as described in paragraph 6. 5.1 If you intend to check in after the standard resort check in day, you must notify the resort at least 24 hours before that day. Failure to do so will entitle us and the resort to assume that you do not intend to use the accommodation which may then be otherwise utilised. 5.2 If you fail to notify the resort in accordance with paragraph 5.1 or you or your guests fail to check in for the holiday, you will lose your holiday, and will not be entitled to a replacement week/weeks. Our responsibility and obligation to you and the members of your party ceases and we will be under no obligation at all to provide any refund, compensation or indemnity for any costs losses or expenses incurred in these circumstances. 6.1 After we have accepted your booking, the Accommodation Certificates redeemed to make the reservation will be deleted from your entitlement. If you subsequently decide to change your holiday arrangements, we will try to help you although we are not obliged to. 7.1 In the unlikely event that this should be necessary, we will be entitled to cancel holiday bookings in respect of any resort or holiday destination which ceases to be in the Discover Diamond portfolio. If we have to do this, we will give you as much prior notice as possible and will use our best endeavours to offer a suitable alternative booking. Alternatively we will reinstate the Accommodation Certificates redeemed by you to make the reservation. 7.2 If we have confirmed a holiday booking and owing to force majeure (such as a disaster or act of God, strike or any other reason beyond our control) the holiday cannot take place, neither you nor any member of your party will have any claim against us or against any of the companies within our group for any indemnity, losses, costs or compensation and we will have no obligation to provide an alternative holiday. 8.1 You and your party if applicable shall; 8.1.1 vacate the accommodation at the end of the holiday removing all personal possessions; 8.1.2 abide by the resort Rules and Regulations including check-out rules and procedures; 8.1.3 keep and leave the accommodation in a good, clean and sanitary condition; 8.1.4 not damage, alter, interfere with or do anything to lower the value or spoil the appearance of the accommodation, its fixtures and fittings, or any part of the resort; 8.1.5 not bring or keep any animal, fish or bird in the accommodation or on the resort except such animals that assist persons with disabilities, such as seeing eye dogs, or where explicitly permitted by the Rules and Regulations of the individual resorts. 8.1.6 not do or permit anything to be done on the resort which is or might be a nuisance or cause annoyance to any other person; 8.1.7 not bring or keep any harmful, explosive or inflammable substance in the accommodation or on the resort or do anything which might affect the resort’s insurance policies; 8.1.8 not use the accommodation for any purpose other than for a holiday for your use and no more than the maximum permitted number of people staying there, nor for any illegal or immoral purpose nor for the purpose of any trade or business; 9.1 You are responsible for all costs, charges and expenses incurred in connection with your holidays including but not limited to the cost of flights, transfers, meals and excursions. 9.2 You are responsible for all costs, expenses, loss and damage (including but not limited to that caused by theft, loss or breakage) incurred or sustained by or at a resort, its fixtures and fittings, staff, facilities, services and amenities caused by any act of or omission by you or any of your party. 9.3 Your Discover Diamond membership is not transferable, is not for retail sale and once it has expired, it is not renewable. 10.1 We shall be entitled at our discretion (but acting in good faith) to suspend or terminate your Discover Diamond membership at any time if; 10.1.1 you fail to pay any sums due after reasonable demand has been made of you, or 10.1.2 you breach your obligations contained in these Rules, or 10.1.3 in our reasonable opinion you or any of your party have behaved in a manner which has or is likely to cause distress, damage, danger or annoyance to other guests, staff, or any other third party, or to property. 10.2 If we terminate your membership pursuant to this paragraph 10, our responsibility and obligations towards you ceases and we shall not be required to provide you with any refund or indemnify you for any costs, losses or expenses incurred. 11.1 It is your responsibility to ensure that everyone travelling in your party, including children, has a valid passport or suitable proof of identity and that you comply with immigration requirements for the country you are visiting. If you are pregnant, you should contact the airline with whom you wish to travel to obtain their policy. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 11.2 To the extent permitted by law we reserve the right to alter these Rules at any time. Written notification of such alteration will be notified to you at your last known address and will be binding once notification has been sent to that address. 11.3 If any paragraph or any part of any paragraph of these Rules shall be found by any court or equivalent body to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining paragraph or part paragraph which shall remain in full force and effect. 11.4 We and our associated companies hold personal data about you so that your requirements can be processed. We may use your data for marketing purposes and will assume that you consent to this even if you are registered with the Telephone Preference Service or any equivalent organisation for the purpose of restricting unsolicited telephone communication. If you do not want your data to be used in this way, please write to us at the address in Rule 2.2. 11.5 In accordance with your rights under the Data Protection Act 1998 we would like to inform you that we, together with our associated companies (including our American parent company, Diamond Resorts Corporation), will hold data provided by you so that your details and requirements can be processed and your accounts maintained. We may use your details to send you information about other products or services which may be of interest to you or for the purposes of carrying out marketing and research. This information/research may be provided /conducted by letter, e-mail, telephone or any other reasonable means of communication. If you do not wish to receive such information, please notify us by sending a registered letter. Alternatively, you can opt out of e-mail contact by ticking the opt out box at the bottom of e-mails sent to you. The data provided by you will be treated as confidential and security measures have been implemented to prevent unauthorised processing. Data will not be made available to companies outside our group for marketing purposes. You have the right to request details of the data we hold about you and to have any inaccuracies corrected. 11.6 These Rules shall be governed by English law and subject to the non-exclusive jurisdiction of the English courts. ]]>
Rules and Regulations
1 The Benefits
2 The Providers
3 Discover Diamond Reservation Procedures
4 Cancellations of Discover Diamond holiday reservations
5 No shows
6 Alterations by you
7 Alterations by us
8 Use of accommodation
9 General obligations and restrictions
10 Suspension or termination
11 Miscellaneous
