and Conditions of RCI Subscribing Membership (“Terms and Conditions”)
These Terms and
Conditions and the Enrolment Application, as amended from time to time,
(collectively, the “Program Documents”)
govern membership in the RCI Exchange Program (the “Program”) and set out the legally binding contract between Vacation
Exchanges International (Pty) Ltd, The Core, Corner Kikuyu & Leeuwkop
Roads, Sunninghill, South Africa, 2157 (“We”
or “RCI”) and Member. RCI operates
following definitions apply:
Participant” refers to a Member whose Enrolment Fee and Annual Membership Fee
is paid to RCI by an entity or organisation with which RCI has a contractual
agreement to offer the Program.
when used as a noun means a unit of Vacation Time whose use rights have been
relinquished to RCI for use by RCI as described in the Terms and Conditions.
when used as a verb, regardless of the form or tense of the verb, means the act
of depositing or assigning Vacation Time into the RCI Exchange system, by or on
behalf of a Member.
means any Vacation Time, good, service, benefit, or movable or immovable property
designed for separate occupancy or consumption, and includes any right to
occupy an apartment, condominium or cooperative unit, cabin, lodge, hotel or
motel room, campground or other private or commercial structure.
Business Day” shall be deemed to be regular business hours of operation for
RCI’s South Africa call center.
Time” is the legal right to own, occupy or use, for a period of time,
vacation accommodations at a resort.
“Member” or “Vacation Owner” refers to an owner of Vacation Time who has been
accepted for enrolment in the Program.
In accordance with the Program Documents, RCI
offers its Members access to printed or electronic publications, RCI’s website
at www.rci.co.za, an exchange service for their Deposited Vacation Time, and
other travel and leisure benefits (collectively, the “Program Benefits”).
An initial RCI membership begins with RCI’s
receipt and acceptance of an Enrolment Application and the applicable fee (“Enrolment Fee”). Some exceptions may
apply such as in the case of a Corporate Participant. RCI reserves the right to
refuse any Enrolment Application and Enrolment Fee.
RCI shall be entitled to treat that named
individual on the Enrolment Application as the Member for all purposes. No more
than two co-owners of a single Vacation Time may apply for a single Membership.
RCI may honor instructions from any person listed in RCI’s records as a
co-owner of Vacation Time and, in the event of conflicting instructions, RCI
may refuse to honor any later instruction received. RCI shall be permitted to
take instructions from and disclose membership information to either co-owner.
The Program may not be used by a Member or
guest for commercial purposes, including without limitation, auction, rental or
sale of a Confirmed Exchange, Deposited Vacation Time, and/or Guest
Certificate. Such use is grounds for immediate termination of Member’s
membership and cancellation of any reservations, exchanges, or other Program
Premium Membership Options. From time to time
RCI may offer additional benefits for an additional fee to Members who enroll
in premium membership tiers. Such benefits may include but are not limited to
discounts on last minute unit upgrades, advance access to unique acquired
Inventory, waiver of savings or certain fees, and rebates and discounts on
other products and services. Fees and availability of such benefits shall be
determined by RCI and may change from time to time. RCI may discontinue
offering or administering any premium membership options beyond their initial
term. Benefits may be offered on a first-come, first-served basis. RCI, at its
sole discretion, may suspend or otherwise limit any premium membership options
at any time. Such premium membership options will be subject to additional
terms and conditions. Black-out dates and other restrictions may apply. Premium
membership transactions may require a combination of fees, cash paid and
Vacation Time use, and may be subject to applicable taxes.
Some products and services may be provided by
third parties and may be subject to separate terms and conditions of such third
parties. RCI does not warrant and is not liable for the availability, value or
safety of any such third party benefits. For complete and additional terms and
conditions of such premium membership options, if available, please refer to www.rci.co.za.
Membership Fee for the following calendar year
are payable prior to the date on which the current membership period expires. RCI
may, from time to time and for a period no more than two (2) years after the
termination of Member’s RCI membership, communicate with Member that:
Member’s RCI membership will expire or has
expired on a stipulated expiry date;
Any changes that would apply to Member’s
membership if it is renewed for a further period; or
Member’s right to allow RCI membership to
terminate on the expiry date or agree to a renewal for a further fixed period.
RCI obtains Inventory from Members, as well as
from Affiliated Resorts and other Inventory providers. Where RCI obtains
Inventory from a source other than Members, a Member may be required to comply
with additional terms, conditions, fees and any applicable taxes in order to
use that Inventory.
From time to time, RCI authorises certain
resorts, vacation clubs, and other legal entities (“Affiliated Resorts”) to
provide copies of the Program Documents to purchasers of Vacation Time at or
through an Affiliated Resort, so that any such purchasers can consider whether
to become a Member of the Program. RCI is a separate and distinct entity from
Affiliated Resorts, developers, marketers, managers, sellers of Vacation Time,
or Inventory providers used in the Program. Affiliated Resorts are subject to
resort affiliation agreements, and are not permitted to make any
representations about RCI or the Program that are different from the statements
in the Program Documents. RCI makes no promise or representation (other than
made in writing by RCI) about any Affiliated Resort or the management of
Affiliated Resorts. Members must make their own enquiries and satisfy
themselves on such matters.
RCI was not and will not be a party to any
contract or agreement that Member may have entered into with a developer or
Affiliated Resort for the purchase of a Vacation Time. The developer or
Affiliated Resort is separate and distinct from RCI, and any contract that Member
may have with a developer or Affiliated Resort is separate and distinct from Member’s
membership in the Program.
There are two types of Affiliated Resorts:
A “Home Resort” is an Affiliated Resort at
which a Member owns or is assigned Vacation Time to Deposit for the purpose of
exchange. In some circumstances, RCI may deem a Home Resort to be part of a
“Home Group” if the Home Resort is under common ownership or control with
another Affiliated Resort.
A “Host Resort” is an Affiliated Resort to
which a Member travels on an Exchange Vacation.
Once accepted as a Member, a Vacation Owner
may participate in the Program if all of the following conditions are met:
If the Member’s Home Resort or Home Group is
affiliated with the Program, it must be in full compliance with all terms of
any applicable resort affiliation agreement, as determined by RCI. In addition,
the Home Resort or Home Group must be operated in a commercially reasonable
manner that will enable it to meet the expectations of RCI and its Members, as
determined by RCI in its sole discretion.
If the Member’s Vacation Time is at a resort
not affiliated with RCI (an “Unaffiliated
Resort”), that Unaffiliated Resort must be operated in a commercially
reasonable manner, and offer sufficient space, quality and amenities to meet
the expectations of RCI and its Members, as determined by RCI in its sole
The Member must be current in fulfilling all
obligations to RCI.
The Member must be current in the payment of all
expenses associated with the Member’s Vacation Time, including the payment of
maintenance fees, assessments, common expenses, recreational fees, promissory
notes, mortgage payments or taxes (“Vacation
Time Expenses”). If Vacation Time Expenses and specifically maintenance
fees are not paid then a “maintenance fee block” will be placed on a Vacation
Owner’s RCI account until such time as the Home Resort, Home Group or
Unaffiliated Resort provides RCI with written confirmation that all the
Vacation Owner’s obligations have been fulfilled. Member acknowledges that if
the Member fails to pay Vacation Time Expenses, RCI may, in its sole
discretion, pay some or all of the outstanding Vacation Time Expenses. In that
case, the amount of Vacation Time Expenses paid by RCI shall be reimbursed in
full by the Member.
Members in compliance with these Terms and
Conditions may Deposit Vacation Time into the Program during the time period
from the end of the following calendar year to 30 days before the start date of
the Deposited Vacation Time. RCI may, in its sole discretion, allow Member to
Deposit Vacation Time less than 30 days before the start date of the Deposited
Vacation Time. To receive the maximum Deposit Trading Power, Vacation Time
should be Deposited at least 6 months prior to the start date of such Vacation
Time. Vacation Time Deposited less than 6 months from the start date may
receive a lower Deposit Trading Power. RCI may, at its sole discretion, accept
a Deposit of Vacation Time less than 60 days before the start date of the
Vacation Time, RCI generally considers requests for such Deposits only in areas
where there is high demand for Inventory.
Only Vacation Time that is available for
exchange may be Deposited. Vacation Time may be Deposited by, telephone or
through RCI’s website at www.rci.co.za. Members who wish to Deposit “floating”
Vacation Time must obtain unit number and week assignments from their Home
Resorts or Home Group before their Vacation Time can be Deposited.
In order to Deposit Vacation Time with RCI,
the Vacation Owner must provide RCI with the following information: RCI member
name and membership number, week number, resort ID number, unit number, and
such other information as RCI requests.
Members who have properly Deposited available
Vacation Time will receive an electronic Deposit acknowledgment.
By Depositing Vacation Time with RCI, each
Member relinquishes all rights to use that Vacation Time to RCI.
Member agrees and acknowledges that any
Deposited Vacation Time may be used by RCI for any commercially reasonable
purpose, including but not limited to the satisfaction of Exchange Requests by
Members, for inspection visits, promotions, rental, sale, marketing or for
other purposes at RCI’s sole discretion, including use in other exchange or
accommodation programs. RCI may at any time, dispose of Vacation Time that is
not the subject of an exchange confirmation sixty (60) days prior to the start
date of that Vacation Time.
and Confirming an Exchange.
A Member may seek a Confirmed Exchange for
Deposited Vacation Time in accordance with the following procedures:
Members may request access to Inventory at a
specific resort, in a specific region, or for Program Benefits offered to
Members and others through the Program (an “Exchange Request”). An Exchange
Request is properly submitted when:
The Member has Deposited Vacation Time in the
The start and end dates of the Vacation Time
requested by the Member fall within the unexpired period during which the
Member’s exchange privileges are current and in full force and effect;
The Member provides RCI with at least four (4)
or more unique and specific resort choices;
The Member requests travel dates between 31
days and 24 months, depending on whether the Exchange request is for a local or
International booking, after the date of the Exchange Request. The foregoing is
subject to the resort timeshare calendar being available to Spacebank;
The Member has made a Deposit of Vacation Time
that is valid through to the end of the requested travel dates;
The Annual Membership Fee is paid through to
the start date of the exchange;
The Member has paid RCI an Exchange Fee, in
the amount required by RCI from its Members and posted on the RCI website at www.rci.co.za;
The Member is in compliance with all other
applicable Terms and Conditions.
A Member may make an Exchange Request in
person, telephone or via the website.
Telephone: 011 258-1000
If RCI is able to confirm a properly submitted
Exchange Request, the Member will receive an electronic Confirmation from RCI.
A “Confirmation” is notice that
accommodations have been reserved for use by the Member or a guest of the
Member with the purchase of a required Guest Certificate (a “Confirmed Exchange”). Either the
written or electronic confirmation or the confirmation number and details
provided by RCI must be presented upon check-in.
A Confirmation is valid only when issued to Member
in writing by or email from RCI or a party authorised by RCI. Upon receipt, the
Member should review all the details in the Confirmation and notify RCI as soon
as possible if any information in the Confirmation is incorrect. Subsequent
changes to any aspect of Member’s Confirmation may be treated as a cancellation.
If the Exchange Trading Power of a Confirmed
Exchange is less than the Deposit Trading Power assigned to the Deposit used to
effect the exchange, RCI will provide credits that can be used towards a future
exchange (“Deposit Credits”),
provided that such Deposit Credits will be null and void in the event of expiry
or earlier termination of Member’s RCI membership.
Under certain circumstances, Members with the
applicable Deposit Trading Power who make an Exchange Request into their Home
Resort or Home Group, may receive priority over other Members who do not own
Vacation Time at that Home Resort or Home Group.
Points Bundle (If offered by RCI, in its sole
and absolute discretion): If Member wishes to book an exchange that
requires higher Exchange Trading Power value than the total Deposit Trading
Power that Member possesses, RCI may, in its sole and absolute discretion,
allow Member to pay a fee (prescribed by RCI from time to time) to RCI in order
to deduct a maximum of 20% of the trading power value for the desired exchange
booking. Provided as always that in order to utilise the benefits of Points
Bundle, Member must (a) Deposit all Vacation Time available to Member at the
time of making exchange booking, (b) use up all Deposit Trading Power that
Member possesses, and (c) such desired exchange must be no more than sixty (60)
days from the date of booking. To illustrate, if a desired exchange requires 10
Exchange Trading Power, and Member possesses 8 Deposit Trading Power, Points
Bundle (if offered by RCI) will allow Member to deduct 2 Exchange Trading Power
from the desired exchange. However, if Member possesses 9 Deposit Trading
Power, Points Bundle (if offered by RCI) will allow Member to deduct 1 Exchange
Trading Power from the desired exchange (i.e. Member must use up their Deposit
Trading Power” is the value assigned by RCI and assigned to a unit of
Vacation Time upon Deposit of such Vacation Time. Deposit Trading Power may
vary from Deposit to Deposit and from year to year (based on the criteria set
out at Section 8.5 below).
RCI, at its sole discretion, may reevaluate
the value assigned to a unit of Deposited Vacation Time. Upon such reevaluation
if the value assigned to the unit of Deposited Vacation Time has increased the
Deposit Trading Power of such unit may be adjusted accordingly.
Trading Power” is the value required to obtain the use of a particular unit
of available Vacation Time. Exchange Trading Power is subject to change based
on system activity and the factors listed in Section 8.5 and may differ from
the Deposit Trading Power of the Vacation Time.
In fulfilling an Exchange Request, RCI will
compare the Deposit Trading Power to the Exchange Trading Power of the Vacation
Time the Member would like to obtain. If the Exchange Trading Power is less
than or equal to the Deposit Trading Power, then an exchange may occur, subject
to terms of the Program Documents.
In deriving Deposit Trading Power and Exchange
Trading Power RCI considers such factors as:
the demand, supply, classification, grouping,
and utilisation of the Vacation Time, and the Affiliated Resort and geographic
regions associated with the Vacation Time;
the seasonal designation of the Vacation Time;
the size and type of the unit (i.e., number of
bedrooms, kitchen type and maximum/private occupancy of the physical unit);
comment card scores that RCI compiles from
comments submitted by Members who visit the Affiliated Resort;
the date of Deposit and the start date of the
Deposited Vacation Time.
RCI may at its sole discretion enter into
agreements with Affiliated Resorts to assign Deposit Trading Power to certain
units of Vacation Time based on an assigned average Deposit Trading Power for
In addition, Inventory is shared regionally to
facilitate Member Exchanges. RCI may set aside Deposited Vacation Time to match
regional Reservation requests and other anticipated demands.
RCI may enforce any restrictions on Exchanges
required by Affiliated Resorts and/or Inventory providers that RCI, in its sole
discretion, deems reasonable. Restrictions may include, but are not limited to,
prohibiting Members or their guests from exchanging into the same resort more
than once in a specified period, prohibiting exchanges from or to all or
designated resorts located in the same geographic area or region as an
Affiliated Resort, minimum age requirements or requirements for mandatory all-inclusive
resorts and/or all-inclusive packages (as set out in Section 11.4 below).
on RCI’s Ability to Fulfill Particular Exchange Requests.
RCI’s ability to confirm a specific Exchange
Request depends upon such factors as but not limited to the Vacation Time
Deposited by Members, restrictions imposed by Affiliated Resorts and other
Inventory providers, exchange system priorities, promotional programs and the
Deposit Trading Power of a Member’s Vacation Time. RCI therefore cannot
guarantee specific resort choices, travel dates, or types or sizes of
accommodations. Neither RCI nor any Affiliated Resort personnel represent that
specific resort choices, travel dates or types or sizes of accommodations can
be guaranteed through the Program.
Members are encouraged to submit Exchange
Requests as far as possible in advance of requested travel dates. Members are
also encouraged to request seasons and unit occupancies that are the same or
similar as the season and unit occupancy of their Deposited Vacation Time. If
the requested travel dates, resort choices and/or designated number of bedrooms
are not available, Members may be offered alternative choices based upon
Fees Due to
Each Member agrees to make certain payments to
RCI, in an amount determined by RCI, in exchange for the Program Benefits. The
payment of all fees due to RCI is a condition of renewal or reactivation of
membership. RCI reserves the right to refuse to renew or reactivate any
membership, at its sole discretion. All Program fees must be paid when due.
Members must pay, or a developer or Affiliated
Resort must pay on a Member’s behalf, an annual subscription fee to RCI for
membership in the Program (“Annual Membership
Members may renew or extend their memberships
by forwarding to RCI the applicable Annual Membership Fee in the amount posted
on www.rci.co.za. Members may opt to enroll in a program to automatically renew
their Membership Fee.
During the Membership period, Members are
responsible for payment to RCI of all other fees described in these Terms and
Conditions, as well as any other applicable fees, in the amounts set by RCI for
its Members and disclosed on its website at www.rci.co.za.
RCI in its sole discretion may charge Members
in their local currency and may further require payment in such local currency.
Fees may vary from time to time due to the inclusion of applicable government
charges or taxes. From time to time and as determined by RCI in its sole
discretion, RCI may increase, waive, reduce or discount any of its fees or
and fees due to others.
Affiliated Resorts and Inventory providers may
impose their own limitations, by-laws and rules regarding occupancy limits for
particular accommodations, resort behavior, and other issues. Each Member
and/or guest must comply with Affiliated Resorts’ and Inventory providers’
limitations, by-laws and rules.
Member and their guests must comply with
check-in and check-out times. Unless a Member and/or guest informs the check-in
desk at a particular Affiliated Resort or the Inventory provider that they
anticipate checking in later than the arrival time designated within a
Confirmation, the arriving Member or guest risks forfeiture of such
confirmation and the Deposit used to make such confirmation.
Members and guests are responsible for
occupying and using any accommodations into which they or their guests have
exchanged, or to which Members or guests otherwise have access, in a
responsible, careful and secure manner and in accordance with the rules and
regulations of the Affiliated Resort or Inventory provider. Members and guests
are responsible for the payment of any applicable taxes, port charges,
gratuities, personal expenses, utility charges, security deposits, and other
fees or charges levied with respect to Vacation Time at an Affiliated Resort or
Inventory provider, for the use of amenities and facilities. Notwithstanding
the foregoing, Members are ultimately responsible for any damage, theft or
loss, and/or expenses incurred or caused by themselves and/or their guests.
If a Member’s Exchange Request is confirmed
for Vacation Time at an all-inclusive resort or for an all-inclusive package
the Member understands that use of that Confirmed Exchange may require payment
of additional fees to the all-inclusive resort for food, beverages or other
amenities (the “All-Inclusive Fees”), under the separate terms and conditions
set by that Affiliated Resort or Inventory provider. Any such All-Inclusive
Fees, terms and conditions are determined solely by the Affiliated Resort or
Inventory provider, and are subject to change at any time. The Affiliated
Resort or Inventory provider may require payment for All-Inclusive Fees before
or upon check-in. Member acknowledges responsibility for confirming in advance
with the Affiliated Resort or Inventory provider whether such All-Inclusive
Fees apply and agrees to be liable to pay such All-Inclusive Fees.
Members may request withdrawal of Deposited
Vacation Time from the Program, which RCI may withdraw at its sole discretion
and only if:
any Vacation Time or a portion thereof has not
been assigned to another Member or other third party by RCI;
the Member has not received an Exchange
Confirmation as a result of the Deposited Vacation Time, or Deposit Credit or
any portion thereof; and subject to the Affiliate’s consent.
Once withdrawn, Vacation Time may not be
re-Deposited unless RCI chooses, in its sole discretion, to accept such
re-Deposit. Fees for re-Depositing may be applicable.
opportunity to exchange Vacation Time.
There are some circumstances in which Members
can lose the opportunity to exchange Vacation Time they have Deposited with
A Member may lose the use of Deposited
Vacation Time, and be ineligible to receive a confirmed Exchange for that
Deposited Vacation Time, if the Member does not properly submit an Exchange
Request and/or does not accept an alternative available resort choice and/or
travel date within three (3) years after the date of the Deposit.
A Member may lose the right to exchange
Vacation Time if
the Affiliated Resort, its developer or
owners’ association or Inventory provider fails or is unable to perform any
contractual obligations to RCI; or
if the Affiliated Resort’s affiliation
agreement with RCI expires without renewal or is terminated either by RCI or by
the Affiliated Resort.
RCI reserves the right (without providing a
refund or credit) to cancel a Confirmation, cancel an Exchange Request, or
otherwise deny the exchange privileges of any Member whose payment is rejected
by the Member’s bank or credit card company, or who has failed to meet the
obligations described herein.
Cancellation, termination or suspension of a
membership pursuant to Section 24.
These terms and conditions set out the legally
binding contract between Vacation Exchanges International (Proprietary) Limited
(trading as RCI Africa), Registration Number 1990/005818/07, VAT Number
4890120621, a private company duly registered in accordance with the laws of
the Republic of South Africa (“RCI” or “We”) and each Member who purchases
Holiday Protector “Member”).
By purchasing Holiday Protector, a Member is
bound by and agrees to the terms and conditions set out below.
14.2.1. The Terms defined in the RCI membership or The Registry Collection®
membership terms and conditions shall so far as the context allows, have the
same meaning in this document except those defined below.
14.2.2. For the purpose of this document the following definitions apply:
(a) Area: Includes Republic of South Africa, Botswana, Mozambique, Mauritius,
Kenya, Zimbabwe, Namibia, Swaziland and Lesotho
(b) Holiday Protector: A product which can be purchased by a Member and which allows the
Member to book an RCI Replacement Holiday in the event they cancel their
Original RCI Holiday subject to the terms and conditions set out in this
(c) International Original
RCI Holiday: A booking made by a Member and confirmed
by RCI into a property located outside of the Area.
(d) Local Original RCI
Holiday: A booking made by a Member and confirmed
by RCI into a property within the Area.
(e) Member: An RCI Member or a The Registry Collection® Member.
(f) Original RCI Holiday: An RCI vacation
exchange, a The Registry Collection® vacation exchange or a Bonus Break®
Holiday. For clarity, this “Original RCI Holiday” definition shall also include
any RCI Replacement Holiday where Member purchases Holiday Protector.
(g) RCI Replacement
Holiday: A replacement holiday provided to the
Member by RCI in accordance with the terms of Holiday Protector.
of Holiday Protector
can purchase Holiday Protector either online through www.rci.co.za or by
calling the RCI contact centre.
Time Limit to Purchase Holiday Protector: Holiday
Protector may be purchased by a Member only:
up to five (5) working days after the Member
books an Original RCI Holiday; and either
in the case of a Local Original RCI Holiday,
no less than five (5) working days before check-in date; or
in the case of an International Original
RCI Holiday, no less than seven (7) working days before check-in date.
Payment for Holiday Protector: Member
can purchase Holiday Protector on payment of the prescribed fee as charged by
RCI from time to time.
Valid Membership Required: Member
must be a valid Member at the time Member purchase Holiday Protector.
Eligible Bookings for Holiday Protector: Member’s
Original RCI Holiday being replaced must have been booked directly with RCI or
by an authorised RCI affiliate where RCI collected the booking fee directly
These benefits of Holiday Protector only apply to the following booking types:
For RCI members, the following booking types
RCI Holiday Exchange; and
Bonus Break® Holiday booking;
For Registry Collection® members, the
following booking types are eligible:
The Registry Collection® Holiday Exchange at
The Registry Collection® resorts;
Bonus Break Holidays at The Registry
Collection® resorts; and
The Registry Collection® Holiday Exchange or
Bonus Break Holidays at RCI resorts.
Maximum Number of Holiday Protectors: A total
maximum of three (3) Local Original RCI Holiday bookings or International
Original RCI Holiday bookings per RCI Member for the same check-in date are
eligible for Holiday Protector.
Cancellation of Holiday Protector: Member
may cancel Holiday Protector and receive a full refund of the fee Member paid
for Holiday Protector if Member cancels within five (5) working days from the
date Member purchased Holiday Protector. Member will only be entitled to one
cancellation and refund request per original transaction, within a five (5)
working day period.
Protection Subject to Prior Payment for
Holiday Protector: Any Holiday Protector fee that may be due to
Member as a refund is subject to RCI receiving payment of the relevant Holiday
Protector fee into RCI’s bank account and subject to any banking confirmation
and/or administration refund process. Holiday Protector fee refunds will only
be made to Member by RCI after the date of receipt by RCI from Member of the
applicable Holiday Protector fee payable at the time Member purchased Holiday
Protector. The refund may take up to fifteen (15) working days to reflect in Member’s
Protection Scope: Subject to these
terms and conditions and the purchase by Member of Holiday Protector, in the
Member cancel their Local Original RCI Holiday
up to 72 hours prior to check-in date of that Local Original RCI Holiday
for any reason; or
Member cancel their International Original RCI
Holiday up to seven (7) days prior to check-in date of that
International Original RCI Holiday for any reason,
provide Member with an RCI Replacement Holiday.
No Refund on Original RCI Holiday Fees: Should Member
cancel their Original RCI Holiday, Member will not be entitled to a refund of
any fees paid in connection with that Original RCI Holiday (including Holiday
Protector fees), whether for money or money’s worth.
Re-booking Window: Member’s RCI
Replacement Holiday must be booked within 12 (twelve) months of the
cancellation date of Member’s Original RCI Holiday.
RCI Replacement Holiday Subject to Availability: Subject
to availability and at RCI’s sole discretion, RCI will endeavour, but not be
obliged, to give Member an RCI Replacement Holiday of similar standard,
location, duration and season. RCI does not guarantee a like-for-like
replacement when booking an RCI Replacement Holiday.
Additional Term for Bonus Break®
Where the Original RCI Holiday is a Bonus Break® booking, the RCI
Replacement Holiday offered by RCI shall be based on the resort rating, season
and unit size of the Original RCI Holiday.
Additional Term for The Registry Collection®
Where the Original RCI Holiday is a The Registry Collection® Holiday
Exchange, the RCI Replacement Holiday offered by RCI shall be at a The Registry
Collection® resort of similar standard, location and season as the Original RCI
Re-booking Terms for RCI Replacement Holiday
No Additional Booking Fee: Member
will not be charged an additional holiday booking fee for the RCI Replacement
Application of Original Trading Points: In case
of RCI Holiday Exchange, Member’s RCI trading points used for the Original RCI
Holiday booking will be used for the RCI Replacement Holiday, to the extent
they have been used for the Original RCI Holiday being replaced.
Top-Up of Trading Points (If Applicable): If the
RCI Replacement Holiday has a higher trading points value than the
Original RCI Holiday, Member may apply any valid trading points in Member’s RCI
account towards the RCI Replacement Holiday.
Return of Excess Trading Points (If Any): If the
RCI Replacement Holiday has a lower trading points value than the
Original RCI Holiday, then the balance of Member’s trading points will be
returned to Member’s account with the same expiry date as the trading points
used for the Original RCI Holiday booking. For clarity, in the event that the excess
trading points to be returned to Member’s account have expired, these expired
trading points may not be applied towards a future RCI transaction.
Insufficient Points: In the
event that the trading points that Member used to book the Original RCI Holiday
are insufficient to book a RCI Replacement Holiday, RCI may, but is not obliged
to, in its sole discretion (a) return the trading points Member used when
booking the Original RCI Holiday to Member’s RCI account and (b) refund the RCI
exchange fees Member paid at the time of booking the Original RCI Holiday. For
clarity, the fees Member paid for Holiday Protector will be considered an
administrative charge paid to RCI to process Member’s cancellation, and thereby
forfeited by Member to RCI.
to Holiday Protector
Extra Holiday® Rental Ineligible
for Holiday Protector: Holiday Protector Product cannot be applied
to any Extra Holiday® Rental booking made by Member with RCI or an
authorised RCI affiliate.
RCI Replacement Holiday Forfeited After 12
Member will not be entitled to any RCI Replacement Holiday should Member not
have utilised Member’s RCI Replacement Holiday within the stipulated 12
(twelve) months from the cancellation date of Member’s Original RCI Holiday
Exclusion of All Other RCI Fees: Holiday
Protector cannot be used to protect any other payment relating to Member’s RCI
membership including, but not limited to, maintenance fees, network partner
bookings and any travel and transport costs.
Not Insurance Product: Holiday
Protector is not a travel insurance product and RCI strongly recommends that Member
have adequate travel insurance for any holiday booking Member makes with RCI.
Save where specifically varied by the terms of
this Holiday Protector product, Member’s terms of membership with RCI
(including, where applicable the RCI membership / The Registry Collection®
membership terms and conditions and our standard cancellation policy) continue
RCI reserves the right to alter or amend these
terms or to withdraw Holiday Protector at any time.
RCI Members who deposit a Week less than 60
days but at least more than 1 day before the start date of such Week may
receive a lower Deposit Trading Power for such Week in accordance with Trading Power
Adjustment Schedule. The Spacebank Restore product allows RCI Members to
deposit a Week less than 60 days but at least more than 1 day before the start
date of such Week and receive the full Deposit Trading Power for such Week by
purchasing the optional RCI Deposit Restore at the time of deposit. RCI Members
whose Weeks are deposited by their resort and who wish to avail themselves of
this option must purchase the RCI Deposit Restore product before the end of the
next Business Day after receiving notice that the Week has been deposited by
the resort into the member’s RCI account.
In order for an RCI Member to be eligible for
the RCI Spacebank Restore benefit, the applicable Membership must be current
and paid in full at the time the RCI Spacebank Restore benefit is requested.
Spacebank Restore may be cancelled for a
refund in accordance to the Consumer Protection Act. Upon cancellation of
Spacebank Restore the Deposit for which the Spacebank Restore product was
purchased will receive a Deposit Trading Power based on the date of the Deposit
in accordance with the Trading Power Adjustment Schedule.
or Problems with a Confirmed Exchange.
After a Confirmed Exchange is issued, if the
Confirmed Inventory becomes unavailable due to continued or unauthorised use by
an occupant or overbooking at the Affiliated Resort or Inventory provider, or
for any reason other than an Event of Force Majeure, RCI will make commercially
reasonable efforts to locate and provide the Member with an equivalent alternative
accommodation from its Inventory located within the same geographic vicinity or
a similar location. RCI shall have no additional liability to the Member once
it makes commercially reasonable efforts to locate and offer such alternate
accommodations to the Member.
If RCI is prevented, hindered or delayed in
the performance of any obligation to a Member (including, but not limited to,
providing lodging or other accommodations) due to an Event of Force Majeure,
then RCI shall be excused from further performance upon notice to the affected
Member stating the reason for such nonperformance, without obligation to refund
or return any amounts that were paid by the affected Member before such notice.
The term “Event of Force Majeure” shall mean:
an act of God or of a public enemy, fire,
explosion, perils of the sea, lightning, earthquake, storm, flood, declared or
undeclared war, revolution, insurrection, riot, act of piracy, act or
threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic or
action by a governmental authority, a court,
appointment of a receiver or mortgagee in possession, or an assignment for the
benefit of creditors;
a strike, lockout or other labor unrest
resulting from any cause and whether or not the demands of the employees
involved are reasonable or within RCI’s power to concede; or
any other cause or circumstance beyond RCI’s
RCI does not own or operate Affiliated Resorts
and is not liable for their description, services and/or presentation. Complaints
about accommodations or services provided at an Affiliated Resort or Host
Resort or by an Inventory provider should be made at the earliest opportunity
to a person of authority at the Affiliated Resort or Host Resort or Inventory
provider. If this does not produce a satisfactory result, the Member should
contact as soon as possible the RCI help desk by calling 011 258-1000 or
emailing email@example.com. Please
provide full details of the complaint within thirty (30) days of Member’s
return. We reserve the right to refuse to consider any complaints made where
this simple procedure has not been followed.
Cancellation of a Confirmed Exchange.
A Member may cancel or change a Confirmed
Exchange online, by notifying RCI by telephone or in person at a RCI office. A
Guest cannot cancel a Confirmed Exchange.
Upon cancellation, the Deposit Trading Power
of the Member’s Deposit will be returned to the Member’s RCI account. In the
absence of Holiday Protector, and subject to the Consumer Protection Act, the
Exchange Fee paid for the cancelled Confirmed Exchange shall be forfeited by
Member to RCI, and RCI shall owe no further duty, liability, or obligation to
Member in connection with the forfeited Exchange Fee.
Except as otherwise stated in these Terms and
Conditions, when cancellation occurs prior to the start date of a Confirmed
Exchange, the Member may request another exchange without making an additional
Deposit. The then current Deposit Trading Power, Exchange Fees and policies
From time to time, RCI will obtain from third
parties, and make available to Members, certain alternative Inventory, such as
cruise accommodations. Use of alternative Inventory may require a cash payment
from the Member and are provided subject to and in accordance with terms and
conditions of the relevant alternative Inventory provider or supplier.
By obtaining Guest Certificates, Members may
give Confirmations or the right to request an Exchange for Deposited Vacation
Time to a friend or family member.
A Member may purchase the Guest Certificate
from RCI at the then-current rate specified on RCI’s website at www.rci.co.za.
A Guest Certificate will be issued in the name of a designated guest, and sent
to the Member. Guest Certificates may only be used by the individual(s) named
on the Guest Certificate and their accompanying guests and may not be used by
persons under the age of twenty-one (21). A Guest Certificate allows the use of
a Confirmed Exchange and other applicable RCI services. The Guest Certificate
fee is non-refundable once the Guest Certificate has been issued.
In order to obtain a Guest Certificate, Member
must have renewed Member’s RCI membership for the period covered by the Guest
Certificate, and the membership must not have been terminated. Member
acknowledges and undertakes the responsibility of forwarding all RCI
correspondence and information regarding Guest Certificates and confirmations to
Guest Certificates are non-transferable and
may not be used for any commercial purpose, including without limitation
auction, rental or sale. Their use is subject to any conditions, restrictions
or limitations which may be imposed by the Affiliated Resort or Inventory
Members are liable for all acts, omissions
and/or defaults of their guests and for any damage caused or expenses incurred
by their guests while using any Vacation Time in the Program.
RCI reserves the right, in its sole discretion
(without refund or credit) and without limitation to revoke a Confirmed
Exchange or Guest Certificate, terminate or suspend the membership of the
relevant Member, or deny access to any of the products or services offered in
connection with membership if a Member and/or the Guest or holder of Guest
Certificate breaches these Terms and Conditions.
and Rental Holidays.
As a valid RCI Member, Member is entitled to
book Bonus Break® and Extra Holidays® through RCI, which holidays are usually
acquired for and offered to RCI members at below open market rental prices.
To qualify for a Bonus Break® Member needs to
Spacebank® Member’s current or future years' timeshare weeks/points. This
varies with regard to timeshare club ownership. International Bonus Break®
weeks, if available, are from time to time subject to certain additional
conditions. Please check with RCI for details and any restrictions.
Member does not need to Spacebank® Member’s
current or future timeshare weeks/points to qualify for an Extra Holiday®.
These holidays are usually offered on a rental fee basis, but may also be
offered to Member on a rental fee plus the use of Member’s RCI trading points
basis at affiliated resorts or hotels.
Member may not rent out a Bonus Break® or
Extra Holiday® at all as these are solely meant for the benefit of RCI members.
Member’s RCI rental holiday booking is strictly not transferable for commercial
gain/purposes and should Member use Member’s RCI rental holiday booking for
such gain/purposes, Member’s RCI membership will immediately be cancelled
without any rental holiday booking and/or membership fee refund, return of
deposited timeshare weeks/points or reinstatement of cancelled RCI trading
points (if any) to Member.
Member may cancel their rental holiday booking
and receive a full refund of the rental holiday fee if the rental holiday
booking is cancelled within 5 (five) working days from the date of the rental
holiday booking being confirmed by RCI.
Member will only be entitled to one
cancellation and refund request within a 5 (five) working day period. A rental
holiday booking cancellation request received by RCI after 5 (five) working
days will be subject to the deduction of a non-refundable reasonable rental
holiday booking fee determined by RCI from time to time, the amount of which
will be disclosed to Member at the time of booking.
In addition to the non-refundable rental
holiday booking fee, RCI will also deduct a reasonable rental accommodation
cancellation fee. The rental accommodation cancellation fee that RCI will
deduct from the rental accommodation refund due back to Member is determined as
Calendar Days to
Check- In Date
Amount to be Deducted From the
Rental Accommodation Fee Refund Due to Member
61 days or more
(ten percent) of the fee due to Member
50% (fifty percent) of the fee due to Member
70% (seventy percent) of the fee due to Member
100% (one hundred percent) of the fee due to
If any RCI trading points were used for a
rental holiday booking Member will however be entitled to a full reinstatement
of those RCI trading points and any subsequent holiday booking using these same
trading points will result in a new rental or exchange booking fee having to be
Any rental holiday booking cancellation request
received by RCI after the check-in date and time of Member’s confirmed rental
holiday booking, whether received by RCI within the 5 (five) working day period
or not, will not be accepted by RCI or qualify for a refund of the rental
holiday fee at all. All rental holiday fee cancellation refund payments that
may be due to Member are subject to RCI having first received full payment of
the rental holiday fee into RCI's bank account and subject to any banking
confirmation and/or administration refund process. Rental holiday cancellation
fee refunds will only be made to Member 15(fifteen) working days after the date
of receipt from Member of the applicable rental holiday booking fee.
and Acknowledgments by Member.
By enrolling in or utilising the Program, the
Member acknowledges, represents and warrants to RCI as follows:
The Member and all persons signing the
Enrolment Application for Member have full power and authority and have been
duly authorised to enter into and perform or cause performance of Member’s
obligations under the Program Documents. If applicable, the Member has obtained
all necessary approvals of its controlling entities, including but not limited
to owners or owners associations, Boards of Directors and lenders.
The Member and all persons signing the
Enrolment Application represent that their decision(s) to purchase Vacation
Time at any Affiliated Resort was based primarily upon the benefits to be
gained from the ownership, use and enjoyment of such Member’s Vacation Time at
the Affiliated Resort, and not on the anticipated Program Benefits.
By Depositing Vacation Time or allowing it to
be Deposited on the Member’s behalf, the Member represents and warrants to RCI
the Member has or will have the legal right to
use and assign the use of the Deposited Vacation Time and all other resort
amenities to which such Member has access;
the Deposited Vacation Time has not been and
will not be assigned, offered or made available to any third party by Member;
the physical accommodations in which the
Member owns Vacation Time are in good and usable condition; and
all Vacation Time Expenses have been paid or
will be paid by the Member when due.
To the best of the Member’s knowledge, none of
the following has been designated as, or is, a terrorist, a “Specially
Designated National” or a “Blocked Person” as defined by U.S. Executive Order
13224, and enforced by the U.S. Department of the Treasury’s Office of Foreign
Assets Control, or otherwise: the Member; the Member’s guests; if the Member is
an entity, the Member’s owner(s), officers, managers, directors or employees.
All written information the Member submits to
RCI about the Member’s Home Resort, Member, Vacation Time and Vacation Time
Expenses is true, accurate and complete, containing no misrepresentation of any
material fact, and omitting no material fact necessary to make the information
disclosed not misleading under the circumstances. Any misrepresentation by the
Member is grounds for immediate termination of the Member’s membership in the
Program, at RCI’s sole discretion.
Each Member acknowledges that RCI, or third
parties with the permission of RCI, may offer products and services through
solicitations and advertisements made by mail, email, telephone (including
automated dialing equipment and prerecorded messages), facsimile machine or
other means. The Member hereby expressly consents to receive such solicitations
and advertisements from RCI, its affiliates and third parties at the telephone
and facsimile number(s), and mailing and email address(es) provided by the
Member to RCI. The Member acknowledges that such consent and request to receive
solicitations continues, whether or not the Member’s membership is terminated
or expires, for the maximum period of time permitted by law or until the Member
expressly withdraws such consent. If Member does not wish to be contacted for
promotional or marketing offers please call or email us using the details at
is available at www.rci.co.za and can be obtained in printed form from RCI upon
request. Each Member:
authorises its Home Resort, Home Group, or any
Affiliated Resort or other applicable entity, to release to RCI any information
RCI requests related to such Member’s payment or lack of payment of any
Vacation Time Expenses; and
authorises RCI to release to the Member’s Home
Resort, Home Group, or any Affiliated Resort at which such Member owns Vacation
Time, any information with respect to the Member’s use of Vacation Time through
the Program, and to release information relating to the Member and Member’s
ownership of Vacation Time to any Affiliated Resort or Inventory provider into
which Member exchanges. Member acknowledges that such authorisation continues,
whether or not the Member’s membership is terminated or expires, for the
maximum period of time permitted by law or until the Member expressly withdraws
Understands and authorises RCI to monitor
and/or to record conversations between the Member and RCI representatives, for
training, quality control, and other lawful purposes.
Each Member acknowledges that Inventory into
which the Member exchanges may differ in unit size, design, furnishings,
amenities, facilities and accessibility for individuals with disabilities from
the accommodations of the Member’s Vacation Time. Each Member acknowledges that
it is the sole responsibility of the owner, lessor, lessee or operator of any
Affiliated Resort, Inventory provider or other accommodating party, and not the
responsibility of RCI, to ensure that its accommodations, facilities and
amenities are accessible to and usable by individuals with disabilities in
compliance with all applicable state, federal and local laws.
The Member will indemnify, defend and hold
harmless RCI, together with its officers, managers, employees, directors, shareholders,
agents, representatives, corporate affiliates and the predecessors, successors
and assigns thereof (the “Indemnitees”), to the fullest extent permitted by
law, from and against certain losses and expenses.
Member will indemnify, defend and hold the
Indemnitees harmless, to the fullest extent permitted by law, from and against
all losses and expenses, incurred by any Indemnitee for any investigation,
claim, action, suit, demand, administrative or alternative dispute resolution
proceeding, relating to or arising out of any transaction, occurrence or
service at a resort, or involving personal injury or property damage, any
breach or violation of any contract or any law, regulation or ruling by, or any
act, error or omission (active or passive) of, Member, any party associated or
affiliated with Member or any of the owners, officers, managers, directors,
employees, agents or contractors of Member or Member’s affiliates. Member has
no obligation to indemnify an Indemnitee for damages to compensate for property
damage or personal injury if a court of competent jurisdiction makes a final
decision not subject to further appeal that the Indemnitee was negligent,
engaged in willful misconduct and/or intentionally caused such property damage
or bodily injury.
Member will respond promptly to any matter
described in the preceding paragraph, and defend the Indemnitee. Member will
reimburse the Indemnitee for all costs of defending the matter, including
reasonable legal fees, incurred by the Indemnitee if Member’s insurer or Member
does not assume defence of the Indemnitee promptly when requested, or separate
legal counsel is appropriate, in RCI’s discretion, because of actual or
potential conflicts of interest. Indemnitee has the right to retain counsel of
its choosing. RCI must approve any resolution or course of action in a matter
that could directly or indirectly have any adverse effect on RCI, or could
serve as a precedent for other matters.
of Program Benefits due to condition or conduct of Resort. RCI may withdraw any
or all Program Benefits.
RCI may withdraw the use of Vacation Time at
Affiliated Resorts and any Inventory provider, or suspend or terminate the
affiliation of Home Resorts or Home Groups, at its sole discretion, if:
the Affiliated Resort or Inventory provider is
not operated in a manner that enables it to meet its obligations or is
otherwise not in compliance with applicable laws, rules, regulations, policies
the Affiliated Resort or Inventory provider is
destroyed or condemned or otherwise not fit for use;
the Affiliated Resort or other Inventory
provider becomes unable to pay its debts as they fall due or becomes insolvent
or makes a composition with or an assignment for the benefit of its creditors;
passes or there is presented any order,
resolution or petition for its liquidation, administration, receivership or
proposes a voluntary arrangement or is a party
to any proceeding for the reorganisation or for the adjustment or relief of any
of its debts;
has a receiver or trustee appointed over all
or a substantial part of its assets; or
is a party to any proceeding seeking its
dissolution or its full or partial liquidation;
the contractual agreement between RCI and an
Affiliated Resort or an Inventory provider, is terminated or expires or a
transfer in a controlling interest in the Affiliated Resort or Inventory
RCI terminates the operation of the Program.
If RCI cancels a Confirmed Exchange at any
such Affiliated Resort or Inventory provider, then Section 16 above will apply.
If RCI suspends or terminates the membership
of any Member who owns Vacation Time at an Affiliated Resort, that Member may
not be permitted to renew or reactivate his or her membership.
A Member may cancel a membership at any time
by notifying RCI by telephone or in accordance with the notice provisions set
forth in Section 26.4 below. If applicable, RCI shall refund the
Member’s Annual Membership Fee less the amount for the utilised membership
period and subject to any discounts provided to the Member at the time of enrolment
or renewal. RCI may also cancel any Confirmed Exchanges or Confirmed
Reservations that are scheduled to occur after the date of the membership
cancellation, without refunding any Exchange Fee or other payment made by the
Member. Deposited Vacation Time will remain the property of RCI, unless
released by RCI at its sole discretion.
Membership automatically lapses at the end of
the calendar year if a Member fails to renew following the expiration of the
Membership. If a former Member seeks reinstatement as a Member, RCI will
require payment of the Annual Membership Fee, and in its sole discretion may
impose other requirements and fees as a condition of reinstatement.
RCI, at its sole discretion, may suspend or
terminate a Member’s membership and rights to participate in the Program:
upon the termination or expiration of the
for any breach of the Terms & Conditions
or other requirements of the Program Documents;
if the Member fails to cure the cause for a
suspension within such reasonable time as determined by RCI;
upon termination of the affiliation with RCI
of any Affiliated Resort at which the Member owns Vacation Time;
upon termination of the Program;
upon any requirement to do so by any local,
state or federal governmental entity (or its equivalent if a foreign country)
or by any laws, rules or regulations court of competent jurisdiction that may
Member, a guest or holder of a Guest
Certificate are a vexatious or serial complainant; threatens or uses physical
violence and/or harasses, abuses or verbally aggressive to RCI, Affiliated
Resort or Inventory provider employees.
for any other reason in the sole discretion of
If a Member’s membership is suspended or
terminated, the Member may not utilise the Program Benefits. Suspension or
termination of membership may preclude, without limitation, the Member from
obtaining Confirmed Exchanges and RCI may cancel any Confirmed Exchange and
terminate any pending Exchange Requests, all without any refund of fees or returning
Deposited Vacation Time to the Member. Use rights associated with Deposited
Vacation Time will remain the property of RCI, unless released by RCI at its
sole discretion. In the event of a suspension or termination based upon
non-payment, all fees and other amounts owing or owed to RCI by the Member
shall be immediately due and payable to RCI. In the case of a suspension, the
Member’s Program Benefits will remain suspended until all sums that are owed
shall be paid to RCI.
Upon termination, RCI may, in its sole
discretion, accept a request by the former Member to re-activate membership.
RCI may require payment of a new Annual Membership Fee, among other conditions.
If RCI terminates the Program, all memberships
shall terminate. Any refund of prepaid Enrolment Fee or RCI membership fee, if
applicable, shall be calculated in accordance with Section 24.1 above.
RCI and Member agree that RCI’s liability to
any Member or guest is limited in substance and in amount.
RCI’s liability to a Member or guest for any
loss, injury or damage resulting from their use of or inability to use the
Program, and/ or Program Benefits shall be limited to the fees paid to RCI, if
any, for the relevant use. In no event shall RCI be liable for special,
consequential, incidental or indirect damages.
RCI and the Indemnitees described in Section 22 above shall not be
responsible, in contract, tort or by statute, for the acts or omissions and/or
representations (whether oral or written) of any third parties, including but
not limited to Affiliated Resorts or other Inventory providers, and Member
knowingly waives any right to bring such a claim against RCI and/or any
RCI does not have the ability to control the
operations of Affiliated Resorts or other Inventory providers, including the
form of access provided to their facilities (including access for individuals
with disabilities), and is not responsible for the actions or omissions of
Affiliated Resorts or Inventory providers.
Affiliated Resorts or Inventory providers are
solely responsible for such resorts’ financial viability, conditions, quality
of accommodations, facilities, amenities, service, operations, and compliance
with all applicable laws, rules and regulations.
Information about Affiliated Resorts,
Inventory providers and Inventory to Members by RCI, including but not limited
to, facilities, amenities and services, is solely derived from information
produced and provided by the relevant Affiliated Resort, Inventory provider or
owner. Member should be aware that facilities, amenities and services provided
at the Affiliated Resort or Inventory provider may be withdrawn without notice
at the discretion of the Affiliated Resort or Inventory provider or may be
restricted at certain times of the year. Members must make their own enquiries
about a resort description and satisfy themselves that an Affiliated Resort or
Inventory provider will meet all their needs, particularly if travelling out of
season. Although RCI makes reasonable efforts to ensure that resort information
published on behalf of Affiliated Resorts or Inventory provider by RCI is
accurate and up to date, RCI expressly disclaims liability for publishing
and/or repeating any inaccurate, incomplete or misleading information provided
by any Affiliated Resort or Inventory provider, except in the case of
negligence on the part of RCI.
Inventory and alternative Inventory that RCI
obtains from sources other than its Members may change periodically, at RCI’s
sole discretion. RCI does not guarantee that any specific Inventory or
alternative Inventory will be available to Members or, if made available or
will remain available for any specified period of time.
Partial Invalidity. If all or any part of a
provision of these Terms and Conditions violates the law of Member’s country,
province, city or state (if applicable), such provision or part will not be
given effect with respect to Member. If all or any part of a provision of these
Terms and Conditions is declared invalid or unenforceable, for any reason, or
is not given effect by reason of the prior sentence, the remainder of the Terms
and Conditions shall not be affected. However, if in RCI’s judgment the
invalidity or ineffectiveness of such provision or part substantially impairs
the value of these Terms and Conditions or the Program to RCI, then RCI may at
any time terminate a Member’s membership by written notice to the Member
without penalty or compensation owed by either party to the other.
No third party beneficiaries. These Terms and
Conditions are exclusively for the benefit of the parties. There are no third
party beneficiaries and nothing in these Terms and Conditions is intended to
grant to any third party, any right to enforce any term or to confer on any
third party any benefits under these Terms and Conditions. No agreement between
RCI and anyone else is for Member’s benefit.
All modifications, waivers, approvals and
consents of or under these Terms and Conditions by RCI must be in writing and
signed by RCI’s authorised representative to be effective. RCI’s silence or
inaction will not be or establish a waiver, consent, course of dealing, implied
modification or estoppel. If RCI allows any Member to deviate from these Terms
and Conditions, as confirmed in writing, RCI may insist on strict compliance
with such term, condition or obligation by that Member at any time upon written
Notices to Members will be effective if
delivered in writing by mail, or by electronic mail to an email address
provided by the Member to RCI, by other electronic media or by publication on
RCI’s website at www.rci.co.za or the RCI Directory of Affiliated Resorts.
Unless Member notify RCI otherwise, Member consents to receive electronic mail
from RCI. Notices shall be deemed given on the date sent to or posted for
Members. Notice to RCI will be effective if delivered in writing by electronic
mail only. Notices shall be deemed given on the date sent to RCI.
RCI may assign its rights and obligations
under these Terms and Conditions to any third party and any such assignment
shall be binding on Member upon notice of assignment.
ENDLESS VACATION®, RESORT CONDOMINIUMS
INTERNATIONAL, WYNDHAM DESTINATIONS, INC., HOLIDAY PROTECTOR, and RCI and any
respective designs are trademarks or service marks that may not be used without
the prior written permission of the owners of such marks. Other brand names may
be trademarks or service marks of their respective owners.
Resolution, Choice of Law and Venue.
These Terms of Membership and the Program
shall be governed by the laws of the Republic of South Africa, whatever the
nationality of the Member. Any action at law or in equity by a Member and/or
Guest, who is either vacationing with the Member or who is traveling by way of
a Guest Certificate, to seek any remedy against RCI or its associated entities
must be submitted to the non-exclusive jurisdiction of the courts of the
Republic of South Africa, located in Johannesburg. If an action at law or in
equity is initiated by a Member or guest and RCI prevails, that Member or guest
shall pay all costs incurred by RCI in defending such action, including
reasonable legal fees.
Neither RCI nor any person acting on RCI’s
behalf has made any oral or written representation or promise to the Member
that is not contained in these Program Documents. Member is not relying on any
such oral or written representation or promise in submitting the Enrolment
Application or agreeing to the terms of the Program. Member releases any and
all claims against RCI and RCI’s agents or third parties based on any oral or
written representation or promise not stated in these Program Documents.
There are no express or implied covenant or
warranties or promises, oral or written, between RCI and Member except as
expressly stated in the Program Documents.
RCI may amend the Program Documents at any
time in its sole discretion, in writing, upon compliance with the notice
provisions set forth in Section 26.4 above. An amendment
to any RCI document, including the Program Documents, will be effective up on
publication, posting on www.rci.co.za, mailing, email or other electronic
The Program Documents constitute the entire
agreement between RCI and the Member with respect to the subject matter set
forth in those documents, and supersede all previous and contemporaneous
communications, representations, or agreements, either oral or written, between
the parties relating to that subject matter. The section headings in these
Terms and Conditions are for convenience of reference only.
Terms and Conditions of RCI Subscribing Membership. V1 01/2022