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PB Black Diamond Terms & Conditions

1. Introduction

Pueblo Bonito Black Diamond is managed, administered, and fulfilled by International Cruise & Excursion Gallery, Inc., also doing business as Our Vacation Center ("OVC"). These PB Black Diamond Subscription-Membership ("Subscription") Terms and Conditions set forth a legally binding contract between OVC and each person who has the legal right to own, occupy or use accommodations in a resort, vacation club or vacation plan ("Vacation Ownership") and who applies and is accepted as a subscribing-member by OVC.

2. Applying For Subscription

To become a subscribing-member ("Subscriber" or "you"), a properly completed Subscription application and the applicable Subscription fees must be submitted to OVC by the applicant or on the applicant's behalf and accepted by OVC. OVC reserves the right to refuse any application and applicable fees for any reason whatsoever. If payment plan is elected, Subscription fees must be paid in full ninety (90) days prior to any vacation travel date.

The Subscription must be in the name of an individual(s) who owns Vacation Ownership, an interest in a vacation club or vacation plan. In the event a corporation, partnership, trust or other entity holding Vacation Ownership applies for Subscription, a Subscription Application must be completed on behalf of the Owner in the individual name of an officer, partner or trustee, and OVC shall be entitled to treat such individual as the Subscriber for all purposes set forth in this Agreement.

Up to two co-owners of Vacation Ownership who reside at the same address may apply for a single Subscription. If more than two co-owners are listed as owning the Vacation Ownership or if co-owners do not reside at the same address, such co-owners, if they wish to become Subscribers, must apply for separate Subscriptions. OVC may honor instructions from any person listed as a co-owner of Vacation Ownership on a Subscription and, in the event of conflicting instructions, OVC may refuse to honor the latter instruction received.

3. The OVC Subscription Program

The PB Black Diamond Subscription includes a subscription to Privileges Magazine and a membership affording Subscribers the ability to exchange Vacation Ownership for steeply discounted cruises, experiential vacations, and tours, and the ability to purchase best price guaranteed cruise vacations, hotels stays, resort vacations, and car rentals, and airfares.

Subscribers may also purchase cruises, experiential vacations, and tours at best price guaranteed rates.

Subscribers also have the ability to earn and redeem loyalty on many such exchanges and purchases.

Privileges Magazine is provided to Subscribers from time to time in electronic format and on-line at www.pueblobonitoblackdiamond.com. Subscribers can request a paper version by calling Subscriber Services at OVC's toll free telephone number 866-724-5189. A nominal fee will be charged for such requests to cover the cost of shipping.

OVC is only responsible for written representations that it makes concerning OVC and the Subscription and the associated benefits and is not responsible for any verbal representations or written representations made by any other person. Only OVC, its authorized representatives, and its designated licensees can perform the obligations of OVC under these Terms and Conditions

OVC may modify these Terms and Conditions from time to time. Updated Terms and Conditions are located online at www.pueblobonitoblackdiamond.com. You may also request a copy to be mailed at any time during the term of your subscription by calling the OVC toll free telephone number 866-724-5189. OVC is only responsible for written representations that it makes concerning OVC and the OVC Program and is not responsible for any verbal representations or written representations made by any other person. Only OVC, its authorized representatives and its designated licensees can perform the obligations of OVC under these Terms and Conditions.

4. Renewal, Cancellation, or Transferring a Subscription

Subscription and the benefits thereof shall be provided to the Subscriber for the term of the Subscription unless terminated by OVC for cause under these Terms and Conditions.

Subscriber may renew Subscription by calling member services at OVC's toll free telephone number 866-724-5189 or by visiting www.pueblobonitoblackdiamond.com. Renewals will be accepted from those members who are current with all subscription dues and are in compliance with these Terms and Conditions.

In the event Subscriber allows the OVC Program Subscription to lapse, a $299.00 reinstatement fee shall be payable to OVC before the OVC Program benefits can be reinstated for Subscriber.

Subscriber may cancel initial OVC Subscription by providing OVC written notice of cancellation within thirty (30) days of the Subscription date set forth on the OVC Subscription Application. Cancellation requests received more than thirty (30) days after the Subscription date are not entitled to a refund. Subscriber may cancel a renewal, upgraded or promotional multi-year Subscription by providing OVC written notice of cancellation to Pueblo Bonito Black Diamond, 15501 N Dial Boulevard, Scottsdale, AZ, 85260-1615 within ten (10) days of purchasing the renewal, upgraded or promotional multi-year Subscription.

If the Subscriber sells their Vacation Ownership, the purchaser may apply for Subscription by submitting a properly executed Subscription Application, pertinent Ownership information and applicable Subscription fees to OVC. A Subscriber may also transfer their Subscription to the new Owner on a prorated basis; a transfer fee of $50.00 must be paid to OVC to effectuate the transfer. OVC reserves the right to refuse to accept any Subscription Application and the applicable fees received from a purchaser or transferee.

5. Ownership Deposits and Vacation Requests

To participate in the OVC Program you must be a Subscriber in good standing with your home resort, vacation plan or vacation club and all subscription and Subscription fees paid current as reported by the resort, vacation plan or vacation club to OVC.

OVC provides travel services and is an authorized Seller of Travel. OVC does not provide Vacation Ownership exchange services.

Subscriber may deposit their Vacation Ownership through a written deposit form provided to OVC, over the telephone with an OVC representative or on the OVC website. These terms and conditions apply to all methods of deposit utilized by Subscriber.

Subscribers making a Vacation Ownership deposit with OVC and requesting an OVC Cruise Vacation receive the OVC Program pricing for their first two (2) Cruise passengers (double occupancy required) as a result of their Vacation Ownership deposit.

A maximum of one (1) Vacation Ownership deposit is allowed per calendar year.

Use of accommodations is subject to certain age requirements.

By depositing Vacation Ownership with OVC, you represent and warrant to OVC that:

(1)	you have or will have at the time of deposit the legal right to use or assign the use of the deposited Vacation Ownership and all corresponding amenities;
(2)	the deposited Vacation Ownership has not been and will not be assigned, offered or made available to any third party;
(3)	the physical accommodations in which you own Vacation Ownership are in good and usable condition;
(4)	all maintenance fee assessments, taxes and other similar charges applicable to that Vacation Ownership have been paid or will be paid when due. By depositing your Vacation Ownership in the OVC resort pool, you relinquish all rights to use that Vacation Ownership and agree that OVC may use such deposited Vacation Ownership at its sole discretion. In the event you deposit the designated Week(s) with another entity or otherwise render the designated Week(s) unavailable to OVC, you shall be responsible to pay OVC the Preferred Subscriber Rates in effect at the time the Cruise was booked. OVC reserves the right to charge Subscriber's credit card for the differential amount.

OVC will accept Vacation Ownership deposits as early as two (2) years in advance or as late as six (6) months prior to the start date of the Vacation Ownership Week. Deposits less than six (6) months prior to the start date of the Vacation Ownership Week are permitted if pre-approved by OVC and are subject to a $150 deposit fee.

OVC Members who own "flexible," "floating" or "points based" vacation time may be required to obtain resort confirmation/verification of the Vacation Ownership they are eligible to deposit before depositing their Vacation Ownership with OVC.

Vacation Ownership deposits will be accepted so long as the resort is in good standing with OVC pursuant to the terms and provisions of the Resort Affiliation Agreement with OVC. The suspension, termination or non-compliance of your Vacation Ownership Resort with regard to the Resort Affiliation Agreement may, at OVC's option, invalidate your OVC Program or the privilege to deposit vacation time from the resort.

There is no fee for depositing Vacation Ownership from an OVC Affiliated Resort. A processing fee of $100 may be charged for deposit of Vacation Ownership from an approved Non-Affiliated Resort.

In the event a Subscriber requests the return of a deposited Vacation Ownership week, OVC will take reasonable steps to return the unused Vacation Ownership deposit provided the Subscriber has not utilized the deposit toward a Cruise or OVC has not utilized the Vacation Ownership for the benefit of another Subscriber. A service charge will be applicable for each returned Vacation Ownership deposit.

Vacation confirmations are valid only if issued in writing by OVC. Subscriber is responsible for verifying all details in the confirmation, including legal name, and notifying OVC immediately if the confirmation information is incorrect. Subscriber is responsible for any ancillary charges incurred as a result of changes to any aspect of the confirmation. Changes may be treated as a cancellation.

For each deposit confirmed by OVC for the benefit of the Subscriber and any other users of the Subscriber's account, the Subscriber shall be liable to pay to OVC all applicable fees and taxes required to process and confirm the vacation request unless otherwise agreed upon in writing by OVC.

If within twenty-four (24) months following the initial deposit of your Vacation Ownership, you have not requested and/or accepted a Vacation through OVC, you will lose all credit for that deposit against future Vacation requests.

Options available to OVC Members for the deposit of Vacation Ownership, and the procedures and conditions governing vacation requests are set out in Subscriber's initial Subscription materials and any updates or excerpts provided thereafter. Such procedures and conditions are incorporated herein in their entirety. Vacation Ownership deposits and vacation requests are accepted subject to your compliance with these terms and conditions.

All resort rental weeks are based on availability. Resort rental weeks at Pueblo Bonito are limited and based on availability for this high-demand destination.

6. Monetization of Maintenance Fees

Pueblo Bonito Black Diamond members can monetize their maintenance fees up to $1,000, per week through OVC according to the following guidelines.

(1)	Deposited week must meet all of the guidelines reference above and herein;
(2)	Members will receive Pueblo Bonito Vacation Cash in the amount of the maintenance fee for the deposited week rounded up to the nearest $25 increment;
(3)	Vacation Cash will be issued upon verification of deposited week and maintenance fee amount;
(4)	If deposited week is refunded all vacation cash will be removed from Subscriber's account;
(5)	Subscriber is still responsible to pay their maintenance fee to the resort.

7. Vacation Cash Rules

Vacation Cash is valued and available as indicated on the Pueblo Bonito Black Diamond website inside the Vacation Cash section. Vacation Cash can only be applied by Black Diamond Redeemer to the purchase of Cruises, Resorts, Hotel, Airfare and Experiential Vacations offered through Pueblo Bonito Black Diamond and other restrictions may apply.

Vacation Cash must be applied at time of new booking.

Vacation Cash expires one (1) year from issuance or upon expiration of your Subscription, whichever occurs first. Vacation Cash must be applied to new bookings prior to this expiration date.

If cancellation of a vacation booked using Vacation Cash occurs within penalty Vacation Cash will be the last funds applied against penalty. If any portion of Vacation Cash remains after penalty it will then be refunded directly into the Back Diamond Vacation Cash account.

To apply Vacation Cash to a Cruise, Resort, Hotel, Airfare or Experiential Vacation Black Diamond members should call Black Diamond customer service.

Vacation Cash is only available while the Subscription is active. If Subscription lapses into an expired status, all Vacation Cash funds will be absorbed by OVC and be no longer available to Subscriber.

Vacation Cash is not redeemable or refundable, upon the cancellation of a vacation, for cash.

If any amount of Vacation Cash is redeemed, deposited week is no longer refundable.

8. Best Price Guarantee

The Best Rate Guarantee ("BRG") requires written proof of the availability of the identical cruise vacation, hotels stay, resort vacation, at a lower rate to the general public with 48 hours of purchase by Subscriber. Rate identified in written proof will be verified by OVS. OVS will match any price that it verifies to be lower. Cruises must be for the identical cruise itinerary, ship, sailing date and cabin category. Hotel and resort stays must be for the same dates, room types, and options. Consolidator, charter, group, incentive, interline, meeting and convention rates are excluded. Web or e-mail offers requiring calling a call-back number 866-724-5189 are also excluded. BRG is valid for the cruise fare only at the time of booking.

9. Use of Vacation Accommodations

Subscriber must have all OVC Subscription dues paid in full through the dates of travel. Subscriptions that expire prior to the date of travel will be collected at the time of booking.

OVC will apply any reasonable restrictions on Subscriber vacations as required by OVC's Affiliated Resorts or Cruise Lines.

Your accommodations may be at a resort in active sales. If so, you may be approached to attend a sales presentation or asked to take a tour of the resort. You are under no obligation to participate.

You alone are responsible for ensuring you carry the proper documentation required for entry into the destinations of choice. Please ensure that you have a valid visa, passport, or proof of citizenship (as required by the countries you are visiting) in your possession at the time of travel. This applies to all travelers in your group. OVC assumes no responsibility for advising travelers of immigration requirements.

You acknowledge that the accommodations you receive may differ in size, design, furnishings, amenities and facilities from the accommodations of your Vacation Ownership.

Unless otherwise provided by OVC in writing, Cruise accommodations provided shall be the base (minimum level) Cruise category accommodations with the opportunity for Subscriber to upgrade at OVC Subscriber rates subject to availability.

Information provided to you about Resort and Cruise Vacations is based on information obtained from the resorts and Cruise lines. OVC makes reasonable efforts to ensure that information provided by OVC is accurate and complete as of the date such information is published by OVC, however, OVC expressly disclaims liability for inaccurate, incomplete or misleading resort and Cruise information.

The total number of people occupying the vacation accommodations confirmed by OVC must not exceed the maximum occupancy set forth in the OVC confirmation or guest certificate; otherwise, the resort or Cruise line representative may refuse access or levy an additional charge to Subscriber.

You are responsible for payment of any applicable taxes, fees, and personal expenses including, but not limited to, soft drinks, alcoholic beverages, specialty items, tips, personal services, telephone calls, Cruise line/resort or other utility charges, security deposits and other fees or charges levied by the travel service provider. Port fees, taxes and handling charges for Cruises are payable in advance by you to OVC. It is the responsibility of the Subscriber to pay all other fees directly to the resort, hotel or Cruise line. Disputes over fees assessed by Cruise or Resort providers are between the Subscriber and the provider. Subscriber waives any and all claims against OVC in this regard.

You and your guests must occupy and use accommodations that you or your guests have received from OVC in a responsible, careful and secure manner. You are responsible for all damage, theft or loss caused by you or your guests.

If an accommodation for which you have been confirmed becomes unavailable due to natural disaster, acts of God, civil unrest or any other reason beyond OVC's control, you waive any and all claims against OVC.

OVC reserves the right to revoke a confirmed vacation, terminate or suspend the Subscription of the relevant Subscriber or deny access to any of the products or services offered in connection with this Subscription, in the event you or your guests misuse the OVC vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or Interval Week, may apply.

Any complaints about the accommodation or services provided by a travel provider should be made at the earliest opportunity to a person in authority at the travel provider. If this does not produce a satisfactory result, you should contact OVC Quality Assurance Department via mail at 15501 N Dial Boulevard, Scottsdale, AZ 85260, giving full details of the complaint within thirty (30) days of your return. We reserve the right to refuse to consider any complaints made where this procedure has not been followed.

10. Guests

None of the Subscription benefits may be used for any commercial purpose, including rental or sale. A vacation confirmation may only be used by the Subscriber who receives it from OVC unless that Subscriber gives the vacation confirmation to a friend or family member by requesting a Guest Certificate.

Guest Certificates may only be used by the individual(s) named on the Certificate and their guests and may not be used by persons under the age of twenty-one (21). Other age restrictions may apply. Guest Certificates are non-transferable and may not be used for any commercial purpose, including rental or sale. Certificate use is subject to any conditions, restrictions or limitations, which may be imposed by the participating resort or Cruise line.

You are responsible for all acts and omissions of your guests and for any damages caused or expenses incurred by your guests.

OVC will fully refund any Guest Certificate fees, if charged, when a Guest Certificate is canceled more than seventy (70) days prior to the beginning date of the confirmed vacation. Guest Certificates cancelled less than 70 days prior to the beginning of the confirmed vacation are not eligible for refund.

OVC reserves the right to revoke a confirmed vacation or Guest Certificate, terminate or suspend the Subscription of the relevant Subscriber or deny access to any of the products or services offered in connection with a Subscription, in the event a Subscriber or the guests misuse the vacation accommodations or otherwise breach these Terms and Conditions. Penalties, including forfeiture of deposited monies and/or Interval Week, may apply.

11. Cruise, Resort Vacation, and/or Experiential Vacation Packages

OVC reserves the right to cancel a confirmed vacation, cancel a request or otherwise deny Subscription privileges of any Subscriber whose payment is rejected by the Subscriber's bank or credit card company or who has not paid resort maintenance fee assessments or similar charges with respect to the Subscriber's Vacation Ownership or for any reason the deposited Week is made unavailable to OVC. A service fee and/or loss of Deposit and Vacation Week will apply.

You must cancel a vacation confirmation by notifying OVC in writing. Cancellation will be effective on the date of receipt by OVC. Changes to a vacation confirmation may be considered a cancellation subject to re-booking and additional change or cancellation fees may apply. Upon cancellation, OVC may refund all or a portion of the vacation payments according to the following guidelines: (1) All cancellations are subject to vendor cancellation policies and fees. In addition, the following cancellation charges will be assessed by OVC: 61 or more days prior to sailing, $50 penalty; 60 or less days prior to sailing, no refund of OVC Deposit.

In the event resort cancellation becomes necessary Redeemer must submit their cancellation by phone to Black Diamond customer service. Cancellation must be received in conformance with OVC and resort terms and conditions, cancellation policies and procedures. Cancellations received within twenty-four (24) hours of the reservation request will receive a full refund. Cancellations received after twenty-four (24) hours of the reservation request are not eligible for a refund. Cancellation is subject to OVC cancellation fees and any resort cancellation fees. The cancellation fee for a Reservation cancellation received by OVC more than twenty-four (24) hours after the reservation request will be all amounts paid for the reservation as well as any other cancellation costs levied by the resort.

13. OVS Fees

Subscription Fees: Upon the expiration of your initial Subscription term, Subscriber shall have the option to renew the OVC Subscription. Subscription fees and Terms and Conditions are subject to change. Any amendments to OVC Subscription fees and/or Terms and Conditions of Subscription shall be provided to Subscriber at no charge.

Automatic Renewal: If Subscriber elects Automatic Renewal, renewal dues will be charged automatically to the credit card indicated, unless canceled in writing prior to the renewal date. Subscription shall continue for as long as the Subscriber is eligible for OVC Program.

If Subscriber elects, on Subscription Application, to immediately extend Subscription, the extension fee will be immediately charged to the credit card indicated.

Vacation Rates: OVC Members shall be entitled to purchase selected travel services at OVC Subscriber rates. Rates are subject to change without notice. Subscriber may be required to deposit qualified Vacation Ownership to obtain OVC Cruise and Experiential Vacation rates. All published vacation rates are per person/double occupancy required and Subscriber is responsible for all port fees, customs charges and taxes. Rates set forth in OVC Subscriber publications are valid for "red" time Vacation Ownership (as defined by the resort's current exchange company) at OVC Gold Resorts; additional fees are required for "off season" and Premier Vacation Ownership deposits. Platinum, Gold and Premier status is conferred on an annual basis. There is no guarantee that the status will be renewed in subsequent years. All deposits are subject to the Terms and Conditions of Subscription. Members' all–inclusive Cruise fees are based upon OVC's "Standard" or "Specialty" Cruise designations. Rates set forth in the Subscription Brochure are valid for OVC Standard Cruises. Cruise designations are set exclusively by OVC and are subject to change without notice. Airline and ground transportation may be available through OVC; however, they are not included in all-inclusive Cruise fees or set forth in the Subscription Brochure.

Other Fees: All-inclusive fees and port charges are due and payable upon confirmation of Cruise exchange bookings.

12. General

You hereby permit your telephone conversations to and from OVC representatives to be tape recorded and/or monitored for training and quality control purposes.

OVC may, on occasion, offer products and services through telephone and/or e-mail solicitations. You consent to such telephone solicitation, including, but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Further, you acknowledge your consent to be informed of such products and services even if your Subscription has been suspended or has otherwise expired or terminated.

If you or your guests should incur loss or damages through use of the OVC Program, OVC's liability for such loss or damage will be limited to the injured party's fees paid for the subscription or vacation in which such loss or damage occurred, and in no event will OVC be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all participating companies, servants and agents of OVC.

These Terms and Conditions and the OVC Program, including, but not limited to, fees, benefits, seasonal designations and other priorities and procedures for requesting and effectuating vacations may be changed from time to time by OVC. Current Terms and Conditions, member fees, benefits and procedures can be reviewed online at www.pueblobonitoblackdiamond.com. Or, you may request a current version by calling the OVC toll free phone number 866-724-5189 or by mailing your request to OVC.

Programs and services offered through OVC or by third parties with the permission of OVC are subject to separate Terms and Conditions and may be changed or eliminated without prior notice to you. OVC accepts no responsibility for the acts or omissions of any third parties providing such programs or services directly to you.

If you fail to comply with these Terms and Conditions or fail to pay any sums owed to OVC or any participating resort, your Subscription may be suspended or terminated by OVC without further obligation. In the event of suspension based upon non-payment, your Subscription privileges will remain suspended until all sums that are owed are paid in full.

These Terms and Conditions and the OVC Program shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or guest, who is either vacationing with the Subscriber or who is traveling by way of a Guest Certificate, to seek any remedy against OVC or its associated entities must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Subscriber or guest initiates an action at law or in equity and OVC prevails, that Subscriber or guest shall pay all costs incurred by OVC in defending such action, including reasonable attorney's fees.

Whether you are traveling on an OVC Cruise, Experiential Vacation, resort or hotel vacation, vendors may require a deposit or payment in full to secure rate or all-inclusive fee confirmed for Subscriber.

Vacation and Cruise vendors may require additional deposits to be paid at the time of booking.

A $25 service fee will be charged for all returned checks and two or more instances of declined or disputed credit cards.

A $25 per person service fee will be charged for any changes made to travel arrangements after initial confirmation. Please see section 8 for applicable cancellation fees.

Replacement or additional Subscription cards will be provided to Members upon request. Subscriber will be required to pay $5 per card processing fee.

Booking Service Fee: Subscriber may be required to pay a $25 per person booking fee for vacations confirmed by OVC. Contact an OVC Representative to see if a booking fee applies to your request.

All vacations, fees, and charges are stated in U.S. dollars.