Marriott Vacation Club
Non-Packaged Travel – Terms and Conditions
1. Qualification for the Offer
This promotional offer is designed for couples (spouses/ partners) aged between 30 and 70 with a joint annual income in excess of £55,000 / €65,000 (‘Qualified Couple’). It is based on two adults sharing an accommodation, including but not limited to an apartment, townhouse or hotel room. Allocation of accommodation is subject to availability. Depending on the types of accommodation available, up to four additional family members can be accommodated in a townhouse or apartment free of charge but not in hotel rooms.
Attendance at a sales presentation lasting approximately 90 minutes about Marriott Vacation Club Products constitutes a condition of this offer. All Qualified Couples must attend the presentation together to benefit from this offer. Any Qualified Couples that choose not to attend the presentation shall be charged the full retail cost of the offer (as specified in the “Pricing” section below). Should you not qualify you may travel at the nonsubsidised offer price.
2. Offer Exclusions and Restrictions
This offer is not valid in conjunction with any other promotion. This offer is not available to MVCI Holiday Owners, individuals who have previously taken advantage of this offer or any other Marriott Vacation Club holiday offer, or to employees of Marriott Vacations Worldwide Corporation and its affiliated companies and their immediate family members. Breakfast is not included for guests staying at a Marriott Vacation Club Resort. Please note that pets are not allowed with the exception of guide and assistance dogs. Flights, transport and travel arrangements, other than car hire, and other expenses are not included.
3. Holiday Ownership Interests
This advertising material and the offer made is being used for the purpose of soliciting the sale of Holiday Ownership timeshare interests, in compliance with the EU Timeshare Directive. A Standard Information Form relating to the subject resort can be obtained by sending a request via email to: firstname.lastname@example.org. This offer is not intended for residents in jurisdictions where the marketing or sale of timeshare is prohibited and your eligibility and the resorts available for purchase will depend upon the jurisdiction of your residency. Enquiries from residents of such jurisdictions shall not be answered. For key information about the scheme or a resort, developer, seller or manager please contact the Sales Manager at the address given above.
4. Booking and Paying For Your Preview Visit
A booking is made with us when a) you accept the offer via the website or over the telephone; and b) you pay us in full for your chosen arrangements; and c) we issue you with a booking confirmation. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation.
We endeavour to ensure that information and prices listed on both our website and in any sales brochures are accurate. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
You must obtain adequate travel insurance as a condition of your contract. You must be satisfied that your insurance fully covers your personal requirements including cancellation charges, pre-existing medical conditions and medical expenses. If you choose to travel without insurance, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
7. Changes by You & Transfers of Bookings
If you wish to change any part of your booked arrangements, you must inform us in writing as soon as possible. Whilst we will do our best to accommodate you, we cannot guarantee that we will be able to meet your requested change. Any changes to your booking will be subject to an administration fee of £80/€100 per person per change (as well as any charges imposed by external suppliers). Where are unable to accommodate your request to amend your booking, a cancellation fee may be payable, as per section 11 below.
Transfer of Booking: If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the holiday contract;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £50/€65 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in section 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. If You Cancel Before Departure
Any booking cancellations must be communicated in writing and signed by the lead name on the booking confirmation to Customer Service Department, Marriott’s Playa Andaluza, MVCI Playa Andaluza Holidays S.L., Holiday Preview, Ctra. De Cádiz Km. 168, 29680 Estepona, Spain or via email to email@example.com. Your notice of cancellation will be deemed served when it is received in writing, effective from the date on which we receive it. Cancellation fees shall apply. The cancellation fee detailed is calculated on the basis of the total cost payable by the person(s) cancelling, and amending charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
- 40% of the subsidised offer price for open dated offers purchased but not booked;
- 60% of the subsidised offer price for offers purchased, booked but cancelled 31 days or more before arrival date;
- 100% of the subsidised offer price for offers purchased, booked but cancelled 30 days or less before arrival date.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed arrangements before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the booking or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination
9. If We Change or Cancel
Occasionally, we may have to make changes to your holiday arrangements and we reserve the right to do so at any time. Most of these changes will be insignificant and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your holiday arrangements. For example, if the minimum number of clients required for a particular arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 14 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Most alterations will be insignificant and while we will do our best to notify you of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. For the purposes of this Offer, examples of an “insignificant change” shall include a change of accommodation to another of the similar standard or classification.
- A change of accommodation to another of the same standard or classification.
Occasionally we may have to make a significant change to your confirmed arrangements. ”Examples of “significant changes” include the following, when made before departure:
- A change of accommodation area (i.e. to another resort) for the whole or a significant part of your time away;
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements,
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
- If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available.
|Period before departure within which notice of Cancellation or major change is notified to you||Compensation payable per person booking|
|14 days or more||Nil|
|Less than 14 days||£30/€40|
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make an insignificant change;
- where we make a significant change or cancel your arrangements more than 14 days before departure;
- where we make a significant change and you accept those changed arrangements, or you accept an offer of alternative travel arrangements;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Force Majeure (see clause 10).
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour disputes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier(s) concerned control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
11. Special Requests
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part
12. Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform us immediately. If your complaint is not resolved locally, please contact firstname.lastname@example.org. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at 7 Albemarle Street, London, W1S 4HQ within 28 days of the end of your stay, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract.
As a member of the industry trade body, Resort Development Organisation, Marriott Vacation Club has signed up to its Code of Conduct and Alternative Dispute Resolutions scheme (ADR) operated by NetNeutrals, Johnstown Business Centre, Johnstown House, Johnstown, Naas, Co Kildare, W91 C99T, Ireland, email@example.com. For more information, go to www.netneutrals.eu. Our email address is: European.firstname.lastname@example.org.
The European Commission has established an Online Dispute Resolution (ODR) portal for use by consumers located in the European Union. The ODR is a platform provided to assist European Union consumers in settling disputes out of court.
If you reside in the European Union and have purchased or consumed a product from us but are dissatisfied with the product or your experience, we encourage you to find answers to your questions at email@example.com.
If we are unable to resolve your issue through our customer support channels, as a European Union consumer, you have the option to submit a complaint through the ODR portal. Complaints may be made in any one of the 23 official languages of the European Union. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.
14. Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation immediately. No refunds for lost accommodation or any other service will be made, and we will not pay any expenses or costs incurred. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly prior to departure.
15. Our Responsibilities
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018(as amended or superseded) as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these booking conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
- Force Majeure (as defined in clause 10).
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- Loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (a) above and which don’t involve injury, illness or death:
The maximum amount we will have to pay you in respect of these claims is up to three times price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- Loss of and/or damage to any luggage or personal possessions and money,
- It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book whilst away (including booked through our resorts), or any service or facility which or any other supplier agrees to provide for you.
- Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
16. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. Requirements do change, and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. For further information contact the Passport Office on 08705210410 or visit: https://www.gov.uk/browse/citizenship/passports, or equivalent if you reside in a country other than in the -UK. For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware, or equivalent if you reside in a country other than in the UK.
Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
17. Conditions of Suppliers.
Some of the services which make up your holiday arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
18. Data Protection
Marriott Vacation Club International is part of a global group of affiliated companies (“Affiliates”), and your personal information may be shared among the Affiliates and transferred outside of your country of residence. Personal information that is transferred outside of the European Economic Area is done under data transfer agreements that contain standard data protection clauses adopted by the European Commission that provide safeguards for such transfers. You may withdraw your consent to direct marketing at any time. For more information about the use of your personal information and how to unsubscribe, please review our Global Privacy Statement found here or contact our Privacy Office at firstname.lastname@example.org.
19. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
20. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales.