ALT EXAMPLE - GUIDE - WYNDHAM DESTINATIONS - unbounce - Flipbook - Page 99
1. DEFINITIONS
The terms defined in clause 1 of the Constitution of the Club have the same
meaning wherever appearing in these Guidelines and the terms below
have the following meaning (but if there is any conflict, the definition in the
Constitution prevails):
“Anniversary Date” means the first day of the month one year following
the month in which Member Points are sold, and the same day each year
thereafter. Where a Member acquires more Member Points, the Anniversary
Date will be the same as the existing Member Points.
“Anniversary Year” means the one-year period commencing each year on the
Anniversary Date and ending at the end of the day on the day prior to the
next Anniversary Date, but in the first year means the period from the date of
first sale of Member Points to the end of the day prior to the next Anniversary
Date.
“Annual Levies” means the annual fees payable by each Member as
determined in accordance with the constitution, which are applied towards
the Club operations and the upkeep, maintenance and repair of the resort
properties. The Annual Levy is prorated during the first year of Membership
and is due on January 1 of each year thereafter.
“Apartment” means an Apartment at a Club Resort to which Member Points
have been allocated by ClubCo, which may consist of a unit or condominium
apartment, an interest in a time sharing club, a separately owned dwelling
on a lot whether in a development or otherwise, a hotel suite, a house boat,
a motor home or a cabin and/or similar facility suitable for human living
quarters.
“Best Fit System” is a reservation system that assigns the highest priority
Apartments for each reservation giving preference to reservations made furthest
out.
“High Demand Dates” are those dates as determined by CLUB WYNDHAM
ASIA from time to time as either having very high occupancy, which typically
includes gazetted public holidays and school holidays, or those dates where
an Apartment is offline due to maintenance or other issues.
“Club” or “CLUB WYNDHAM ASIA” means the club established by ClubCo.
“ClubCo” means the company called CLUB WYNDHAM ASIA (HK) Ltd that is
incorporated in Hong Kong with its registered office c/ Baker & McKenzie,
1401 Hutchison House, 10 Harcourt Road, Hong Kong.
“Club Manager” means CLUB WYNDHAM ASIA, which is responsible for
managing the Club and its Resorts.
“Constitution” means the CLUB WYNDHAM ASIA Constitution.
“Daily Point Values” is a separate printed document constituting part of these
Guidelines. This document is the schedule of how many Points are required
to stay in each Club Apartment on a daily, weekly and seasonal basis and a
schedule of the seasons assigned to each Apartment. “Red” is for the high
demand period, “White” is for the mid demand period and “Blue” is for the low
demand period.
“Occupant” means a person occupying Club property for any period of time
and any derivations thereof have a corresponding meaning.
“Points Owned” are the total number of Points purchased and held, which are
renewed annually.
“Premier Member” means a Member who holds Premier Points.
“Premier Points” are Points that exist for the life of the Club or, if less, for
the term stated in the Member certificate, as well as for stays at all present
and future Apartments. The usage value of these Points renews annually
on the first day of the Anniversary Date of their purchase. These Points are
transferable, subject to the terms of the Club Constitution.
“Qualified Points” are Premier Points that have been purchased from the
Developer.
“Resort Manager” means the general manager or resort manager of the Resort
where the guest is staying.
“Resort Regulations” means those regulations governing the use of resorts
not managed or operated by the Club Manager.
“Guest” means a person other than a Member who uses the Resort through
the rights of a Member in accordance with the Governing Documents, and
also includes an invitee of the Club.
“Member”, “Club Wyndham Member”, or “Club Member” means any person
who is issued with Member Points as an individual or jointly with any other
person. All Members are subject to these Guidelines. Being a family member
of a Member, or living in the same residence as a Member, does not result
in any Member’s rights being available to that person and any Club use or
exercise of any Club privileges and benefits are subject to these Guidelines.
“Member Services Consultant” means a Club representative employed to
process Member holiday booking requirements.
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“Nominated Person” means the person who is authorised to make and
temporary or permanent suspension of the defaulting
Member’s rights and privileges including, but not limited to,
the temporary or permanent suspension of current or future
bookings at one or more Club Resort or Club Apartment by
the Member, Guest or invitee. Where a Membership is held
by more than one Member, the suspension can be applied to
one or more Members; and/or
(ii)
immediate cancellation of any current or existing booking at
a Club Resort or Club Apartment.
Any Member whose rights and privileges are suspended either
temporarily or permanently is prohibited from visiting or staying
at any Club Resort or Club Apartment during the period of their
suspension.
3.6 Enforcement
(a) The Club Manager has full authority to implement these Guidelines
and any Resort Regulations and can cancel a booking and request a
Member and/or Guests to immediately leave the Club Resort or Club
Apartment if he/she deems it necessary and in the interests of other
Members; and
(b)
“Red Season” means the high demand period as specified in the Daily Point
Values.
“Resort” means Apartments and associated Common Areas appurtenant to
such Apartments.
(i)
3.5 Discipline
The Constitution includes the power for the Club to terminate
occupancy at the Resorts or a specific Resort for violation of the
Guidelines, the Constitution, other Club Governing Documents, the
Resort Regulations or any directions given by the Club Manager.
“Qualified Premier Members” are those Premier Members who own Qualified
Points.
Member Services Consultants have full authority to apply these
Guidelines when processing reservations for Club Resorts or
Club Apartments. Any complaint or grievance by a Member
concerning the onsite management, any employee of the Club or
any matter relating to the Club and Resorts is to be made in writing
to the Club.
3.7 Administrative Fees
The Constitution includes the power for the Club to charge
administrative fees when any levies (annual or special levies) are not
paid by the date due and to set fees for the transfer of Points. These fees
are set forth below and may be amended from time to time, by the Club:
(a)
“Selected Rate” means a 10% discount off the published price at time of
purchase.
Levies not paid by the due date are subject to a late fee of US$15
per notice sent.
(b)
“Standard Points” are Points that expire on the earlier of 10 September 2030
or the termination of the Club, and usage is limited to those Apartments that
are in the Club system at the time the Member of the Standard Points was
issued with the Standard Points.
Default interest at such rate as may be prescribed from the due
date until the date such levy is received. The current interest rate is
15%.
(c)
A return cheque charge of US$25 (including direct debits)
(d)
An administrative fee of US$200 is payable for each transfer of
Points. A US$25 fee is also payable for each one-time transfer of
Points.
(e)
An administrative fee of US$100 is payable if you add or remove
a Member and US$300 is payable when Memberships are split or
combined.
“Weekend Only Reservation” is a two-night Friday and Saturday reservation.
Any other combination of days is not considered a Weekend Only
Reservation.
2.
“Elite Rate” means 20% discount off the published price at time of purchase.
“Governing Documents” means the Articles of Association of ClubCo, the
Constitution, these Guidelines, the Product Disclosure Statement and the
Application Form, all as amended from time to time, and any other document
from time to time which regulates Membership in the Club.
(b)
“Points” means Member Points and such other class of Points that ClubCo
may introduce from time to time, with such rights and obligations as set out
in writing at the time of their creation and issue.
“Points Available” are the total number of Points available for use in a
Member’s account, whether saved or borrowed.
3.
RESORT REGULATIONS
Where the Club owns or leases Apartments in a timeshare or other resort
that is not operated by the Club Manager, the Resort Regulations of that
timeshare or other resort insofar as they relate to the use of the resort,
have precedence over these Guidelines and all Members must, to the
extent applicable, comply with those Resort Regulations.
3.8 Publication Fees
If Members request additional copies of printed publications and/or
marketing materials to be issued, the Club reserves the right to charge
a fee as determined by the Club from time to time for the issue and
distribution of such printed publications and/or material.
ADMINISTRATION
4.
3.1 Nominated Person
If the Members’ Membership comprises of more than two natural
people, or the Member is a body corporate, the Member(s) must
designate a Nominated Person. The Nominated Person is the only
person authorised to make and cancel holiday reservations. The
Member(s) are however bound by, and are responsible for, the actions of
the Nominated Person. Where relevant, reference to ‘Member’ in these
Guidelines is a reference to the Nominated Person of that Member(s).
3.2 Maintenance Period
The Club will reserve seven nights and days, not necessarily consecutive,
during each calendar year as a maintenance period for each Apartment,
during which period the Club will maintain, refurbish and repair the
Apartment as necessary. The Club may determine from time to time which
days and nights will be the maintenance period for each Apartment. No
reservations for an Apartment are accepted during this maintenance
period.
3.3 Amendments
(d)
Apartments, subject to specific exemptions as contained in the
Developer’s benefits program guide, are assigned by the Best Fit
System so that stay opportunities for all Members are maximised.
Apartments are not assigned at the time of check-in. All Club
Apartments are ranked in order of preference with special features,
such as views, given the highest priority. The Best Fit System assigns
the highest priority Apartment available for the length of stay, giving
preference to reservations made furthest out. Subject to applicable
legal requirements, special requests may be accepted at the time
of making the reservation with medical documentation, however it
cannot be guaranteed although all attempts will be made to honour
the request. If all Apartments are allocated at the time of a request
for reservation, the Club will notify the Member, who is entitled to
request another reservation.
(e)
Members are responsible for any taxes related to their usage of
Club Apartments, such as sales tax or transient occupancy tax.
Taxes must be pre-paid at the time of making the reservation.
3.4 Violations
(a) Failure to abide by these Guidelines, other Governing Documents
of the Club, or any individual Resort Regulations may result in
either one or more of the following:
cancel holiday reservations, where the Member is a body corporate or where
the Membership comprises more than two natural people. Where relevant,
reference to ‘Member’ in these Guidelines is a reference to the Nominated
Person of that Member(s).
“Executive Locations” means those locations, determined either by
geographic or Resort location, as decided by ClubCo, where the operating
costs or service fees are not covered by Member Levies payments.
“FlexiStay” means additional Points that Qualified Premier Members can
purchase from ClubCo to make or complete a holiday booking.
ClubCo may amend these Guidelines from time to time in accordance
with the Constitution. This may include the amendment of any fees or
hours of operation listed in these Guidelines.
RESERVATIONS
4.1 Point Reservations
(a) Members may reserve time for occupying Apartments to the extent
allowed by the use of a Member’s Points, subject to the Constitution,
these Guidelines and the availability of Apartments. Reservations
may be made only by a Member and only by using their own Points
account.
(b)
The Club honours reservations on a first to book, first served basis
and confirms reservations in writing and assigns each a reservation
number. The Club only honours reservations that are confirmed in
writing to a Member.
(c)
The Club is not responsible for conflicting reservations and
cancellations of joint Members. If such conflict occurs, the Club
reserves the right to suspend any usage of the Members’ Points
account until the joint Members have resolved their conflict in
writing to the Club, such notice to the Club being duly signed by
each of the joint Members.
GUIDELINES
GUIDELINES
GUIDELINES &
REGULATIONS
*These Guidelines are the official Club operating rules and
are in existence to facilitate a smooth and professional Club
operation for the benefit of Members of CLUB WYNDHAM ASIA.
The Developer has also developed a number of Guidelines to
assist and facilitate the smooth and efficient running of the
Developer benefits program. These Developer Guidelines are
designed to operate in conjunction with these CLUB WYNDHAM
ASIA Guidelines.
4.2 Guest Use
(a) Any non-Member use, whether by rental or by gift, is considered
Guest usage. The Member making the reservation is responsible
for Guest behaviour, charges resulting from Guest usage, and
Guest compliance with all applicable Club Guidelines and Resort
Regulations.
(b)
The Member does not have to be present during Guest usage of
Points, however the Member is responsible for making the Guest’s
booking and any communication relating to such booking.
(c)
A Member may charge a Guest for use of Points at whatever
amount the Member and the other party agree, however a Member
is not permitted to rent or use reservations for any ongoing
commercial enterprise or purpose.
4.3 Requests for Reservations
(a)
A Member wishing to use his or her Points may request the Club to
reserve an Apartment for his or her chosen holiday time.
(b)
Requests for reservations may be made to the Club online, by
telephone, letter, fax or email as directed by the Club during
business hours, Monday to Friday, 8am to 4.30pm, (“HKST”). These
hours are subject to change and notice will be given to Members
via the Members’ newsletter publication. Reservation requests by
letter and email are accepted but the Club is not responsible for lost
documents or timeliness of bookings. Telephone and electronic
bookings take first priority in the processing of reservations.
(c)
Point reservation booking windows are dependent upon the
Member’s tier level and are currently as stipulated below:
a. Premier non-Qualified Member: Up to 12 months
b. Emerald Tier: Up to 12 months
c. Sapphire Tier: Up to 12 months
d. Ruby Tier: Up to 14 months
e. Diamond Tier: Up to 14 months
(d)
Qualified Premier Members may be able to participate in an
exchange program with other Wyndham Vacation Ownership
Clubs. Qualified Premier Members will be able to stay at
participating resorts in the United States, Canada, Mexico,
Australia, New Zealand and Fiji. Qualified Premier Members may
make an exchange reservation (subject to availability) using
Qualified Premier Points. Exchange reservations are dependent
upon the Member’s tier and are subject to change. Currently the
reservations windows for exchange in these Clubs are:
a. Emerald Tier: Up to 9 months
b. Sapphire Tier: Up to 9 months
c. Ruby Tier: Up to 11 months
d. Diamond Tier: Up to 11 months
When exchanging into a participating resort, Qualified Premier
Members are responsible for: abiding by the Rules and Guidelines
of that resort and if applicable, Club; any usage fees or taxes; and
any occupancy taxes, fees or charges applicable to international
resorts that may be imposed by the local authorities. Qualified
Members participating in the agreement must pay all charges, fees
or costs imposed at the time of making the reservation.
(e)
4.4 Confirmation of Reservations
All reservations must be confirmed by the Club in writing or by email,
and a reservation number must be assigned before it is valid. This
reservation confirmation must be presented at the time of check-in at
the Resort. The confirmation will state the number of Points charged
for the reservation and the Member’s Point balance for the remaining
annual period. If a reservation confirmation is not promptly received,
the Member should call CLUB WYNDHAM ASIA Member Services. The
Member is responsible for verifying the accuracy of the reservation upon
receipt of the confirmation and immediately notifying CLUB WYNDHAM
ASIA Reservations of any errors. The Club does not guarantee any
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