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Diamond Resorts
20/20 Program Terms and Conditions

Please review these 20/20 Program Terms and Conditions (“Terms and Conditions”) thoroughly, as well as all terms and conditions, policies and procedures supplied by the provider of any product or service offered through Diamond Resorts Club, Inc. (“THE Club®”) or by any third party administering the program ("Provider Terms"). By purchasing products and services through THE Club®, you acknowledge and agree to be bound by these Terms and Conditions, any Provider Terms and the terms and conditions of THE Club®. Additionally, you agree that it is your sole responsibility to inform any traveling companion(s), guests, or the users of any product or service you purchased (“Member’s Guests”) of the contents of these Terms and Conditions and all applicable Provider Terms.

MODIFICATIONS OF THE TERMS AND CONDITIONS

These Terms and Conditions are subject to change without prior notice at the sole discretion of THE Club®.

NO COMMERCIAL USE

THE Club® purchases, transactions and benefits may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration.

FULFILLMENT SERVICES

Carnival cruises offered under the 20/20 Program are provided by a third-party provider, Our Vacation Center (“OVC”), under agreement with THE Club®. Therefore, THE Club® disclaims all responsibility in connection with OVC or any third-party travel services. Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments as identified by OVC during the travel purchase.

PROVISION OF INFORMATION

All of the cruise and travel information including but not limited to pricing, ship ratings, itinerary information and descriptions, special offers and amenity information provided to you is based on information received from third party providers for your convenience. All ship ratings have been provided by The Independent Traveler and/or CruiseCritic.com. While OVC makes reasonable efforts to ensure that this information is accurate and complete, THE Club® expressly disclaims liability for inaccurate, incomplete, or misleading information.

AVAILABILITY

Cruises offered under the 20/20 Program are available for purchase via OVC as part of the THE Club® is a benefit for Silver and Valued Members only starting in the first quarter of 2015. All cruise offers provided under the 20/20 Program are based on availability and are not guaranteed until confirmation is received from OVC directly.

AGE RESTRICTIONS

You are required to be 21 years of age or older to utilize the benefits offered under the 20/20 Program. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related restrictions, which will be covered at time of booking.

CURRENCY, PRICES AND POINTS USAGE

1. Prices are in US Dollars, are per person based on double occupancy for cruise fare only and do not include government taxes or cruise line pass through fees. Prices and offers are subject to availability, are accurate at the time of publication and may change up until the point of purchase due to rapidly fluctuating prices. The final total price per cabin including all applicable fees and taxes will be displayed upon reaching the cabin category selection page.
2. Cruise fare is an all-inclusive rate that includes accommodations, most meals, activities and entertainment while onboard the ship. Some items such as beverages, gratuities, optional specialty dining or other onboard amenities may not be included dependent upon the cruise line you have selected. The rate is determined by availability, sailing date, departure city, cabin location, cruise line, ship, length of cruise & itinerary. Itinerary may vary by sailing date.
3. The Cash Purchase Price is the rate for the cruise when there is no exchange of Points, is per person based on double occupancy for cruise fare only and does not include government taxes, port or cruise line pass through fees.
4. The Points Plus Cash Price is the rate for the cruise when there are Points being applied for up to a twenty (20%) percent discount off the Cash Purchase Price rate based on a $.20 USD per point redemption. The maximum amount of points that can be applied towards the cruise is a twenty (20%) percent discount. Additional points cannot be applied under any circumstances, as the Points Plus Cash Price cannot be combined or used with any other offers or promotions. The percentage discount available on the applicable cabins and/or rooms excludes all taxed and additional supplier fees that may be applied. There is no minimum Points redemption value.
5. Point Savings are calculated by subtracting the Points Rate per person from the Cash Purchase Price rate per person for the same cabin category, then multiplying the result by two (2).
6. For customers purchasing airfare through the cruise line, please note that the prices do not include any ticket costs, taxes or fees associated with air travel. Airfare taxes, security, upgrade and/or baggage fees and other applicable air travel fees vary per person and will be displayed upon choosing the air/cruise package selection during the booking process. Also, some non-US destinations charge an additional departure tax when you check in for your return flight. This tax, normally payable directly to the government entity imposing it, is not included in the total cost of your cruise package.

PAYMENT

The 20/20 Program products and services may be purchased through OVC with any valid credit card. You may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but they may take up to three (3) business days to be processed. If there are any complications with your credit card or debit card transaction, OVC will make reasonable efforts to contact you, but OVC reserves the right (without refund or credit) to cancel your confirmed booking if payment is denied by your financial institution. You will be responsible for any travel provider penalties assessed due to a payment being rejected by your financial institution. Additionally, OVC, as the travel administrator for THE Club®, will assess a $25.00 USD fee per person if any transaction is denied by your financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make other final payment arrangements, or if you experience technical difficulties with the site and are not sure of the status of your reservation or payment, please contact THE Club® for assistance.

TRANSACTION FEES

There are no processing or transaction fees when booking cruises with the 20/20 program. THE Club® reserves the right to implement, modify or change its transaction fees from time to time, at its sole discretion without prior notice.

CANCELLATION/CHANGES

The fees assessed by THE Club®, OVC, and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all cruise or travel transactions purchased through OVC. Each travel provider has specific cancellation policies and penalties. Travel provider policies may treat name changes and departure date changes as cancellations. In the event you must cancel any travel booking, please contact THE Club® immediately, either by phone, or in writing, at the following address: Diamond Resorts, c/o Our Vacation Center, 15501 N. Dial Boulevard, Scottsdale, Arizona, 85260, or at the following fax number: 602-626-2654. Cancellations will be effective as of the date of receipt of the request. It is your responsibility to ensure cancellation requests are properly transmitted. Refunds may take up to six (6) to eight (8) weeks from the cancellation date.

ADDITIONAL TERMS AND CONDITIONS

Silver and Valued members of THE Club®

1. Must have paid THE Club® Dues in full, together with all homeowners association fees and taxes assessed on your vacation ownership that are not included within THE Club® Dues owned, in order to request use of this 20/20 program.
2. Cannot redeem points through the Cruises or Travel Services member benefit programs for reimbursement of the remaining cash element of the booking.
3. Will be able to purchase Reservation Protection Plan against the points used in this 20/20 program. In the event members cancel, they will receive the points used back, but the cash element of the purchase will be applicable to the cancellation rules of the cruise provider.
4. Will be able to use any available Diamond Dream Holiday, THE Club® Combination and/or European Collection points towards this 20/20 program.
5. The 20/20 benefit applies for cruises only and does not apply towards hotel reservations.
6. Cannot buy points via the Diamond Flexibility or Value program to redeem against this program.
7. Can make bookings on behalf of their family and friends, as well as Associate members. However, THE Club® member must make the reservation and have the passenger details at the time of booking. Any fees charged by the cruise providers for name changes after the reservation is made will have to be paid at that time by THE Club® member and Club points cannot be redeemed for this charge.
8. There are no defined booking windows, if the selected cruise is available, even if the departure date is greater than 10 or 13 months, and THE Club® member has enough points to redeem up to the maximum amount of 20% as applicable.

ADDITIONAL TRAVEL TERMS AND CONDITIONS

The following Terms and Conditions apply to purchases of cruise or travel services and in the event of any conflicts between this section and the any other section of these Terms and Conditions, shall take precedence and prevail with respect to the purchase of cruise or travel services by Diamond Luxury Selection THE Club® Members.

1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by OVC ("Booking Confirmation/Travel Receipt"). This document will be sent to you within two weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect their complete legal names as they appear on their respective proof of citizenship documents. It is your sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify OVC immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
2. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
3. Identification Documentation. All travelers must have in their possession proper documentation required by the United States and any foreign port visited. The names on the Booking Confirmation/Cruise Receipt must match said documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required. THE Club® and OVC assume no responsibility for advising travelers of immigration requirements. No refunds will be issued by THE Club® or OVC if you fail to bring or provide proper documentation for embarkation and the cruise line will not allow passengers without proper documentation to board the ship.
4. Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If the Provider requires that paper tickets are required, they will be sent overnight to the billing address of the credit card provided by you approximately two weeks prior to travel. If Points are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify THE Club® immediately if changes or corrections are required.
5. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. THE Club® urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
6. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, THE CLUB® AND OVC DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIMITATION OF LIABILITY

THE CLUB® AND/OR OVC SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE CLUB® ’S AND/OR OVC’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE CLUB® AND/OR OVC WILL BE LIMITED TO THE FEES PAID BY YOU TO THE CLUB® AND/OR OVC FOR THE TRAVEL PURCHASE. IN NO EVENT WILL THE CLUB® AND/OR OVC BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO THE CLUB® ’S AND/OR OVS’ AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF THE CLUB® AND/OR OVC.

GOVERNING LAW

These Terms and Conditions shall be governed exclusively by the laws of the State of Arizona, without regard to its Choice of Law provisions. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or vacationing with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against OVC or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). Any action at law or in equity by a Member or Member’s guest, whether using any product or service or vacationing with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against THE Club® or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Clark County, Nevada (USA). In the event a Member or Member’s guest initiates an action at law or in equity in which OVC and/or THE Club® prevails, that Member or Member’s guest shall pay all costs incurred by OVC and/or THE Club® in defending such action, including reasonable attorney’s fees and costs, paralegal fees and court costs.

21525-20/20.1014

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