ALT EXAMPLE - GUIDE - WYNDHAM DESTINATIONS - unbounce - Flipbook - Page 100
(ii)
4.5 Delinquency
(a)
(b)
No reservation requests shall be confirmed if a Member is
delinquent in the payment of Club levies, any amount owing to
the Club or owed on or in connection with the agreement for the
purchase of Points.
If following the receipt of confirmation of reservation as set out
at regulation 4.4, a Member is delinquent in the payment of Club
levies, any amount owing to the Club and/or delinquent under
the agreement for purchase of Points, the confirmed reservation
may be cancelled by the Club in accordance with regulation 4.7
cancellations, set out below.
(b)
A Member will not be charged a cancellation fee as set out in
regulation 4.7(c) if they give notice to the Club within the following
periods:
For reservations made:
61 days to 14 months in advance
15 days to 60 days in advance
48 hours to 14 days in advance
0 hours to 48 hours in advance
No later than:
30 days before check-in
10 days before check-in
48 hours before check-in
No cancellation
(c)
If a Member cancels a reservation outside the periods set out
in regulation 4.7(b), the applicable number of Points for the
reservation is forfeited.
(d)
All Points which have been forfeited in accordance with regulation
4.7(c) may be reinstated by the Club if the cancellation was due
to the death or a serious medical condition of a Member, their
immediate family or their Guest. Any reinstatement of Points
will be made at the sole discretion of the Club and will only
be made once the Club has received documentary evidence
which substantiates, in the opinion of the Club, the request for
reinstatement. The reinstated Points usage rights shall not exceed
three months from date of reinstatement.
(e)
alters a reservation by increasing the number of reserved
nights at the reserved Apartment; or
(ii)
alters a reservation by upgrading the type of reserved
Apartment, on condition that the number of nights reserved
for the reservation does not decrease; or
(iii) cancels a reservation and reinstates that cancelled
reservation, subject to availability, provided that the
cancelled reservation is not reserved by another Member,
Guest or person. It is a further condition that the cancelled
reservation cannot be rebooked using points that have
expired during the period between the cancelled reservation
and the attempted rebooking.
(f)
(g)
(h)
100
Despite regulation 4.7(a) and 4.7(c), the Member is entitled to
reduce the number of nights reserved, however the Member will be
charged a cancellation fee and forfeit Points. The Points forfeited
by the Member will equal the difference in the number of Points
used to reserve the Apartment prior to the reduction and the
number of Points used to reserve the Apartment immediately after
the reduction.
Despite regulation 4.7(a) and 4.7(b), the Member is entitled to
downgrade the type of reserved Apartment, however the Member
will be charged a cancellation fee and forfeit Points. The Points
forfeited by the Member will equal the difference in the number of
Points used to reserve the Apartment prior to the downgrade and
the number of Points used to reserve the Apartment immediately
after the downgrade.
There is a 48-hour waiting period between a cancellation and a
new reservation if:
(i)
a Member cancels a four-day or greater reservation in Red
significant benefits accrue to the Club and Members;
either:
A.
a high degree of certainty permits reliable forecasting
of the number of Apartments available for renting
without impacting a Club Member’s ability to reserve an
Apartment; or
B.
an Apartment is placed into the Club for a period less than
12 months and due to there being no reliable occupancy
history it is very difficult to reliably forecast the impact
of renting that Apartment, and there remains within the
Resort a margin of between 10% and 20% of Apartments
available for Members at any one time.
(b)
(iii) commitments will not extend through more than one high
season and will not exceed 12 months prior to arrival.
These rules have been put in place to protect the interests of the
Members, so that the Club may receive income for Apartments
that would otherwise stand empty because of changes at short
notice.
6.
(c)
BORROWING POINTS (PREMIER MEMBERS ONLY)
A Premier Member may, in a current Anniversary Year, use Points from
the following Anniversary Year provided that all assessments for the
Points for the following Anniversary Year are paid.
7.
UNUSED POINTS (PREMIER MEMBERS ONLY)
(a)
Despite regulation 4.7(a) and 4.7(c), the Member will not be
charged a cancellation fee and does not forfeit the applicable
number of Points if the Member:
(i)
(i)
fails to vacate an Apartment at the end of the Point Use or
such later time as may be agreed to by the Resort Manager; or
(ii)
otherwise makes unauthorised use of an Apartment during
a period other than such Member’s Point Use, or prevents
another Member or Guest (“detained Member or Guest”) from
using or occupying an Apartment during such other Member’s
Point Use, then the non-vacating Member or Guest:
A.
On an exception basis, provided Member demand takes
precedence over rental demand and subject to the following
directives, the Director of Resort Operations may approve
opportunity rental programs where:
(ii)
4.7 Cancellations
(b)
If a Member or Guest (“non-vacating Member or Guest”):
The Club may rent Apartments to the general public within 47
hours of a reservation if a Member has not made a reservation for
such Apartment by that time. All net proceeds from such rentals
accrue to the Club.
(i)
Regulation 4.8: length of stay.
A Member, or the Club pursuant to regulation 4.5, may cancel a
reservation by notice to the Club in such manner as notified by the
Club from time to time.
(a)
RENTING BY THE CLUB
(a)
Any Apartments which have not been reserved at least 48 hours
before use will be open for reservations which will be exempt from the
following requirements:
•
Regulation 4.1: number of Point reservations.
(a)
9.2 Failure to Vacate
There is a minimum 2-night stay on the weekend during Red Season
unless only one of those nights is available. Weekend means Friday
and Saturday nights. Other than this, there are no minimum stays per
reservation.
5.
(b)
8.
Points which are unused by a Premier Member at the end of an
Anniversary Year will carry over for use immediately in the following
Anniversary Year. A Premier Member’s unused Points will expire at
the end of the second Anniversary Year if the Premier Member has
not made and received an accepted reservation using those Points
by then. The travel date can be made as per the timeframes in
4.3(d) for CLUB WYNDHAM ASIA Resorts as long as the reservation is
made prior to the Points expiring. Point reservations using expiring
Points will not be restored if cancelled after the expiry date.
From the Premier Member’s account of Points, the Club deducts
first against any carry over Points from the prior year and then
against the current Anniversary Year’s Points. By doing this, the
Club assists the Premier Member in minimising the potential of
having Points expire.
HOUSEKEEPING SERVICES
A housekeeping service occurs daily at each Club Apartment.
9.
GENERAL USE OF THE RESORT
9.1 Check-in/Check-out Procedures
(a)
(b)
(i)
All people who are residing at the Resort shall immediately on
arrival call at the Resort office to advise of their arrival.
(ii)
All people who anticipate arriving after 5pm shall prior to that
time advise the Resort office accordingly.
At the time of check-in at the Resort a person must present written
confirmation of their reservation received from the Club.
(c)Apartments may be occupied at any time after 4pm on the day of
commencement of their occupation and must be vacated no later
than 12 noon on the day of termination of their occupation unless
the specific resort rules determine otherwise.
(d)
Occupants who arrive at the Resort earlier than, or who wish to
leave later than, the times referred to in regulation 9.1(c) may use
the recreational and sporting facilities available to the Resort.
Studio or hotel room: 2 people
One bedroom: 2 - 4 people
Two bedrooms: 4 - 6 people
Three bedrooms: 6 - 8 people
Four bedrooms or Presidential Suite: 8 - 10 people
Facilities use: additional equipment may be available at some
resorts and usage fees may be applicable.
4.8 Length of Stay
4.6 Last 48-hour Exemptions
•
a Member cancels a reservation and requests to re-book that
same reservation as a FlexiStay reservation within five days
before check-in. (Note: FlexiStay is not available to NonQualified Premier Points).
(e)
is subject to immediate removal, eviction or ejection
from the Apartment wrongfully used or occupied. If the
non-vacating Member or Guest is not present at the
time of removal, eviction, or ejection the property of the
non-vacating Member or Guest will be removed from the
Apartment and placed in storage;
B.
is deemed to have waived any notice required by law
concerning any legal proceedings regarding removal,
eviction or ejection, to the extent such waiver is permitted
by law;
C.
must reimburse the Club and the detained Member or
Guest for all costs and expenses incurred by the Club and
such detained Member or Guest as a result of such conduct
including costs of reasonable alternate accommodation,
travel costs, court costs, and actual legal fees incurred in
connection with the removal, eviction or ejection of the
non-vacating Member or Guest and costs, including legal
fees, incurred in collecting such amounts.
The Resort Manager may use whatever methods he/she deems
appropriate to remove the non-vacating Member or Guest from
the Apartment and may, but is not obliged to, assist the detained
Member or Guest in finding comparable alternate accommodation
during such late departure. If the Resort Manager determines, in its
absolute discretion, to contract for a period greater than the Point
Use which the detained Member or Guest was prevented from
using in order to obtain adequate alternate accommodation, the
entire cost of the alternate accommodation is for the account of
the non-vacating Member or Guest.
If a Member or Guest renders an Apartment uninhabitable by an
intentional or negligent act, such Member or Guest is deemed a
non-vacating Member or Guest for such period as the Apartment
remains uninhabitable and is subject to the consequences
described in this regulation 9.2 and may have his or her
Membership in the Club suspended or terminated.
(c)
Apartments may vary in occupancy limits between Resorts and
Members are advised of the relevant occupancy limits at the time
of making a reservation. Club occupancy limits will be strictly
enforced.
(d)
Members checking into a Resort with more people in their party
than the occupancy limit for the relevant Apartment will be given
the opportunity to reserve a larger Apartment, if available, subject
to use of additional Points, or to reduce the number of people in
their party or if necessary, to vacate.
(e)
CLUB WYNDHAM ASIA may use any of the Apartments for sales
tours when not reserved and occupied by a Member or Guest.
(f)
Members and Guests are the only people permitted to occupy an
Apartment. Members and Guests must ensure that children under
the age of 18 years only occupy an Apartment under parental
supervision.
(g)
In each Apartment there is an inventory list of all items. The
occupant should report any missing items, or damage noticed,
in the assigned Apartment to the Resort Manager as soon as
possible after check-in. At the end of each period of occupancy,
an inspection of the Apartment, its furnishings and equipment is
conducted.
(h)
The Member is responsible for any damage or loss of any items
that might occur during occupancy by a Member or a Member’s
Guest. Charges for any missing items, damage during occupancy,
excessive cleaning requirement or charges for any unpaid services
are billed to the Member. The Member must pay that bill in the
time indicated in it. Non-payment of such charges is cause for
suspension of reservations made or intended to be made and
occupancy privileges until paid in full.
(i)
Members, Guests and other people must not bring into, store or
use any flammable chemical, liquid, gas or other material in an
Apartment, other than materials intended for proper use in such
Apartment.
(j)
Members, Guests and other people must not make any structural
changes, reorganise or remove furniture, wall hangings, floor
coverings, or undertake any redecorating of any type within the
Apartments or other areas of the Resort.
(k)
Members, Guests and other people must not use power
equipment, workshops, or engage in car or boat maintenance
(other than emergency work) on or at the Resort.
(l)
Members, Guests and other people must not undertake any
activities which will affect the plumbing, electrical systems or
structural integrity of any improvement or which will alter any
structure on or at the Resort.
9.3 Restrictions on Use of Any Facility
The Resort Manager may, for any reason, impose restrictions for any
period on the use of any facility at the Resort, in which case no person
can enter upon or use such facility in contravention of those restrictions.
Members and Guests must comply with any such restriction.
9.4 Non-availability of Apartment
If a Member has a confirmed reservation for a Point Use and there is no
Apartment available at the Resort for which the reservation was made,
then the Resort Manager will try and arrange comparable alternate
accommodation for such Member at the Club’s expense, in the same
Resort if possible.
9.5 Renting of Apartments
(a) A Member may charge a fee for the use of an Apartment during such
Member’s Point Use by a Guest subject to any restrictions imposed by
the Resort Manager in order to comply with any law or requirement
of any governmental agency, and on such terms as the Club Manager
considers appropriate from time to time, but must not do so as part of
an ongoing commercial enterprise.
(b) The Club Manager is entitled to determine, in its discretion, whether
or not a Member is conducting an ongoing commercial enterprise and
such Member must immediately comply with any request from the Club
Manager or its employees to provide information that may be required
to assist with this determination.
10. USE OF APARTMENTS
10.1 Holiday Occupancy
(a)
(b)
No Apartment is held for other than accommodation purposes and
occupancy is subject to the occupancy limits set out in regulation
10.1(b). ClubCo is not in any way restricted by this Regulation,
10.1(a) in its activities pertaining to the sale of Points.
A Member must not permit more than the following numbers of
people, including children of any age, to occupy an Apartment at
any one time (including day visitors):
GUIDELINES
GUIDELINES
Season and requests to re-book that same reservation for less
than four days within 90 days or less of occupancy; or
reservation other than that confirmed on the printed confirmation. A
Guest name must be advised at the time of making a Guest reservation
to ensure the correct name is printed on the confirmation and to avoid
entry to the Apartment being refused.
(m) Members, Guests and other people must not undertake any
business, commercial or marketing activities of any type on or at
the Resort, with the exception of those activities undertaken by
the Club or Wyndham Destinations Asia Pacific (HK) Ltd at any
Apartment or resort unless the Member or Guest undertaking the
activities has the prior written consent of the Resort Manager.
10.2 Insurance
Members, Guests and other people must not do anything in or upon
any Apartment or at any Resort property which will increase the cost
of, or cause the cancellation of, any insurance maintained by the Club,
the Club Manager or the Resort covering liability, fire damage, theft and
other risks customarily insured against in similar projects, without the
express written consent of the Club Manager.
10.3 Inspection
The Resort Manager may inspect the Apartments at all reasonable
hours.
10.4 Right of Entry
The Resort Manager may, at reasonable times and upon reasonable
notice, enter any Apartment for the purposes of maintenance.
11. USE OF RECREATIONAL AND SPORTING FACILITIES
11.1 Swimming Pool Area
Members, Guests and other people must not:
(a)
enter the swimming pool, children’s pool or spa pool after physical
exertion without first showering;
(b)
bring into the swimming pool area any glass or breakable item; or
101
