1. RELATIONSHIP BETWEEN RCI AND AFFILIATED RESORTS
1.1 These Terms and Conditions set out the legally binding contract between RCI Europe (“RCI” or “we”) and each person who has the right to occupy and use accommodation (“Holiday Accommodation”) in a resort (“Affiliated Resort”). The provisions of these Terms and Conditions will apply to all Holiday Accommodation offered to customers making bookings together with any other applicable terms and conditions notified to you by RCI. Other products and services offered by RCI or by RCI’s suppliers are subject to separate terms and conditions which will be notified to you.
1.2 Information about Affiliated Resorts, including without limitation available information about facilities, amenities and services, published by RCI 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 you or other members of your holiday party, 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. You are free if you wish to make your own enquiries on such matters.
1.3 RCI and Affiliated Resorts are separate and distinct entities and RCI has no joint venture, partnership or agency relationship with any of them. The products or services that are provided or sold by Affiliated Resorts, including but not limited to Holiday Accommodation, are also separate and distinct.

2. REQUESTING HOLIDAY ACCOMMODATION
2.1 The person making a booking for Holiday Accommodation must be at least 18 years of over for European travel, and there must be at least one member in the holiday party of 21 years or older for travel to the USA. Additionally, each person applying for a booking of Holiday Accommodation to RCI warrants that he/she has the authority of all persons travelling as part of such booking to make the application on their behalf and warrants that he/she is authorised to agree and does agree on behalf of all those persons that all of the information in relevant publicity material (if any) provided to you by RCI and these Terms and Conditions form part of the contract being entered into with RCI. You must pay in advance the booking fee current on the date of enquiry for each apartment requested. A legally binding contract is formed when the booking 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 on 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. Bookings cannot be made on a conditional basis or subject to any special requests that you may wish to make. We will endeavour to meet any special requests notified to us prior to your departure, but cannot guarantee to do so and no compensation will be payable to you if such special requests cannot be met.
2.2 Our ability to confirm a booking is dependent on the availability of Holiday Accommodation deposited by others in the RCI SPACEBANK Pool and which are acceptable to you. We therefore cannot guarantee that any particular request for an Affiliated Resort, area, travel date, type or size of Holiday Accommodation, travel supplier or otherwise relating to your booking will be met. We will, though, offer you alternative choices which may be available.

3. USE OF HOLIDAY ACCOMMODATION
3.1 You and the other members of your holiday party must occupy and use any Holiday Accommodation into which you are booked in a responsible, careful and secure manner. You are responsible for any damage caused by yourself and your holiday party and must comply with the Affiliated Resort’s rules and by-laws and replace any items missing from your Holiday Accommodation on departure.
3.2 The total number of people (babies and children included) occupying your Holiday Accommodation must not exceed the maximum occupancy of the apartment set out in the booking confirmation; otherwise, the Affiliated Resort may refuse access or levy an additional charge. You accept the fact that Holiday Accommodation may vary in unit size, design, fixtures, furnishings, amenities and facilities.
3.3 You and the other members of your holiday party are responsible for payment of any and all applicable taxes, personal expenses, utility charges, such as electricity, water and telephone, security deposits and other fees or charges levied by an Affiliated Resort on occupiers of Holiday Accommodation for the use of amenities and facilities thereto.
3.4 If you are going to arrive outside the check-in day and/or time set out in your confirmation, you 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 Holiday Accommodation not covering the days specified on the confirmation.
3.5 Affiliated Resorts may, where necessary, allocate alternative Holiday Accommodation to the apartment confirmed provided such alternative allocation has at least the same maximum occupancy and is of similar overall quality.

4. TRANSFER OF BOOKING
We will arrange for any transfer (including a change of date) of your Booking requested by you provided that:
a) your reason is serious illness of yourself of a close relative, jury service, redundancy or unavoidable work commitments. In any of these events you will be required to provide documentary proof before we can authorise a transfer (e.g. Doctor’s certificate);
b) you, or the transferee, pays any sums due before the transfer is authorised;
c) you, or the transferee meets all of the terms and conditions of the Booking; and
d) your request is made at least 48 hours before your planned arrival at the Holiday Accommodation such requests shall be made by contacting the customer services number as detailed on your Holiday Accommodation confirmation
e) you must also pay any charges which our suppliers may impose by virtue of the transfer, particularly where any supplier regards the transfer as a cancellation and a new booking.
f) you may only transfer an original booking.

5. CANCELLATION OF BOOKING
5.1 If you cancel your Booking
You or a member(s) of your holiday party can cancel your or their booking providing RCI receives directly written notification by letter, fax or e-mail from the lead name on the booking. The cancellation will be effective from the date that RCI actually receives such notification.
RCI incurs costs from the time you apply for a booking. In effecting cancellation, you or a member(s) of your holiday party will receive a refund of the total amount paid for the booking, less the cancellation charges specified below unless a new booking is made contemporaneously. All cancellations are subject to cancellation charges to compensate RCI for its reasonable estimated losses and expenses.

If one or more member(s) of your holiday party cancel(s) and the occupancy level decreases, the full price per apartment will be payable by the remaining occupants.
5.2 If we cancel your Booking
All reasonable endeavours will be made to provide the booking as advertised. However, as arrangements in relation to the provision of bookings are made many months in advance, they are, therefore, subject to change. We reserve the right in any circumstances to cancel your booking. In particular we may cancel your holiday before the scheduled departure date in the case of unusual and unforeseeable circumstances beyond RCI’s control, the consequences of which could not have been avoided even if all due care had been exercised, or an event(s) which RCI or the supplier of services even with all due care could not foresee or forestall. Such circumstances or event(s) amounting to situations of Force Majeure – e.g. war, threat of war, riot, civil commotion or unrest, industrial dispute, terrorist activity, fire, adverse weather conditions, natural or nuclear disaster, epidemics and all similar events beyond RCI’s control. In any of these instances, where the booking has to be modified or cancelled, RCI will try to offer suitable alternative arrangements, without being able to guarantee such, or otherwise will make a full refund of all monies paid.

6. FLIGHTS, CAR HIRE, INSURANCE AND OTHER SERVICES
Any services made available by us other than the provision of Holiday Accommodation (such as flights, car hire, insurance, ferry trips, cruises and safaris, etc.) are made available subject to and in accordance with the RCI Booking Conditions and/or the terms and conditions of all relevant organisers or suppliers from time to time. A copy of the RCI Booking Conditions and the terms and conditions of all relevant organisers or suppliers will be made available to you on or before confirmation of your 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.

7. COMMUNICATING WITH YOU
7.1 RCI is the sole controller in the EEA/EU Member States of all data held in relation to bookings and all processing of data relating to your booking and to your, or the members of your holiday party’s, occupation and use of Holiday Accommodation or any other services offered by RCI or provided by its suppliers is therefore (in accordance with EC Directives 95/46/EC and 97/66/EC) subject to UK data protection laws only.
7.2 We will maintain records relating to your booking and to your, and the members of your holiday party’s, occupation and use of Holiday Accommodation or of any other services offered by RCI (including information about you or members of your holiday party 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 the members of your holiday party informed of further offers from us which may be of interest to you or them (unless you or members of your holiday party 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 RCI’s 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 members of your holiday party 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 members of your holiday party with products and services you or them have requested or for the purpose of verification of details relating to your booking or your, or members of your holiday party’s, occupation and use of Holiday Accommodation or of other services offered by RCI. You or the members of your holiday party 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.
7.3 We will always seek your, or members of your holiday party’s, consent before disclosing data relating to you or them for the making of offers by third parties, by informing you or members of your holiday party of an intention to process your or their data for such purposes, and offering you or them a possibility to opt out of such use of your or their data, in a form or document returned to us or alternatively by notifying us by telephone, fax or e-mail.
When you or members of your holiday party 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 members of your holiday party 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 them 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 members of your holiday party’s, consent to receiving information regarding such products and services, thus expressed for a period of up to three years after your booking or your, or members of your holiday party’s, occupation and use of Holiday Accommodation at an Affiliated Resort, or if you or members of your holiday party have made use of other services offered by RCI, up to three years from the date of use of such services, unless you or your members of your holiday party write to us to let us know otherwise.
7.4 We may also record or monitor telephone calls to and from RCI, without notification to customers, for staff training and quality control purposes.

8. LIMITATIONS OF LIABILITY
8.1 If you or a member of your holiday party suffers any loss or damage through occupation and use of Holiday Accommodation booked through RCI, 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 provision of such Holiday Accommodation 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 and Conditions affects your statutory rights.
8.2 Any complaints about Holiday 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 nearest RCI servicing office should be contacted as soon as possible. RCI accepts no liability to you or members of your holiday party for any costs and expenses incurred by you or them (including without limitation the costs of alternative accommodation) without prior authorisation from RCI in relation to any complaints about holiday 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.
8.3 RCI accepts no liability for the acts and omissions of any third parties providing products or services to you or members of your holiday party outside the scope of your booking.

9. VARIATIONS
9.1 These Terms and Conditions, seasonal designations, RCI’s procedures and conditions for making available holiday accommodation, the prices it charges for the provision of such Holiday Accommodation, and the basis for calculating all and any of the above, may be changed by RCI from time to time. Customers will be notified of any changes in writing and no such changes will take effect until they have been so published.
9.2 RCI may assign these Terms and Conditions to any third party and any such assignment shall be binding on customers when notice in writing of assignment is given to them.

10. GOVERNING LAW AND DISPUTES
10.1 These Terms and Conditions shall be governed by and be construed in accordance with the laws of England, whatever the nationality of the customer. In cases of conflict or inconsistency, where these Terms and Conditions are translated into a language other than English, the English text shall prevail.
10.2 You agree that the English courts shall have jurisdiction to resolve and determine any disputes that arise in connection with these Terms and Conditions, save where the dispute is referred to arbitration under the RCI Booking Conditions.