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General Terms and Conditions

  1. Introduction

    1. Purchases, benefits and transactions on this website are administered and fulfilled by I.C.E Vacations Asia Pacific Pty Ltd ("ICE") d.b.a. Our Vacation Centre Pty Ltd ("OVC") pursuant to an agreement with Marriott Resorts, Travel Company, Inc., d.b.a. MVC Exchange Company, and Marriott Ownership Resorts, Inc. d.b.a. Marriott Vacation Club International (Collectively, "MVCI"). I.C.E is located at 58 Kingston Drive, Gaven, Queensland (collectively referred to as “OVC”) ABN 54 105 542 176, a proud member of The Australian Federation of Travel Agents (AFTA).
    2. This website is operated by Our Vacation Centre and below are our Terms and Conditions under which the site can be used as well as our General Terms and Conditions for all transactions.
    3. The Terms and Conditions contained within are to be read in conjunction with our Reservations Process and Conditions which can be viewed at https://www.mvcowners.ovstravel.com/ap/reservation-terms-and-conditions or contact Our Vacation Centre.
    4. References to "us", "we" "our" “OVC” shall mean Our Vacation Centre Pty Ltd.
    5. References to “you”, “client”, “passenger”, “member” shall mean an authorised person dealing with Our Vacation Centre Pty Ltd.
    6. References to “supplier”, “wholesaler”, “provider” “booking channel”, booking facilitator” shall mean a supplier of travel related services such as but not limited to cruises, tours, rail, coach, accommodation, car rental, and hotels.
    7. When booking cruise, travel, accommodation or services with Our Vacation Centre you acknowledge and accept to abide by these terms and conditions and those applying to the cruise, travel, accommodation or service supplier with who you have contracted by that booking.
    8. These terms and conditions were last updated on 09/06/2019.

  2. Privacy

    1. We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which can be viewed at https://www.mvcowners.ovstravel.com/ap/privacy-policy.
    2. Protection and Privacy. We shall process any personal data you provide to us for the purpose of providing you with the products and services you have requested and in accordance with our Privacy Policy. We may also record or monitor telephone calls to and from us, without notification to customers, for staff training and quality control purposes.

  3. Warranties & Representations

    1. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, Our Vacation Centre gives no warranties and makes no representations regarding the cruise, travel, accommodation or service provided by the supplier specifically; the usability, fitness of purpose, class, standard, rating or visual images of the cruise or travel, accommodation or service advertised and is not liable for any misleading or false information, misrepresentations, inaccuracies and errors as a result of incorrect information supplied to us by such parties.

  4. Limit of Liability

    1. We do not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
    2. We will not be liable for damages of any kind related to your use of or inability to access this site. Access to this site, is not guaranteed and is subject to availability of communication links and access rights. As a user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site and you agree that access is undertaken at your own risk.
    3. By using this website you indemnify us of all liability for any claim, charge, demand, damage, liability, loss or expense of whatever nature whether arising directly or indirectly out of or in connection with the use of this site or any links provided by this site even if we knew they were possible, or they were otherwise foreseeable, including without limitation for consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of profit or income, loss of or damage to property and loss resulting from claims by third parties, damages incurred or suffered by reason of act or omission or incorrect information contained within these terms and conditions.
    4. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited;
      1. We will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with any products or services booked by us or displayed on the website or any linked website.
    5. Where our liability cannot be excluded, to the extent permitted by law, such liability is limited to either:
      1. Re-supply the service or
      2. The cost of re-supplying the service or
      3. Value of the booking made.
    6. We sell cruise, travel, accommodation or services from inventory supplied by each cruise, travel, accommodation or service provider and we cannot accept additional liability for unavailability caused by a supplier over-selling its own inventory.
    7. Without limitation, we will not be responsible if the cruise, travel, accommodation or service is not available due to inclement weather conditions or other acts of God.
    8. We will not be responsible for any loss occasioned by any delay, expense, illness, injury, death, damage or shock associated with any occurrence whilst using the cruise, travel, accommodation or service, irrespective of its cause.
    9. Our liability will also be limited to the extent that any relevant international conventions, for example the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
    10. All quotations and reservations are made in accordance with known schedules and availability from our cruise, travel, accommodation and service providers, and we will not be liable for any costs incurred due to any change in that schedule, availability or delays or resulting impact on changes to arrangements.
    11. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).
    12. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010.

  5. Sales & Specials

    1. In addition to these terms and conditions you are also bound by specific Terms & Conditions applicable to “specials” or “conditional sales of products and travel services” and these can be found on the promotional marketing e-mail, websites or on the booking confirmation and the voucher if supplied.
    2. Some bookings of specials and conditional sale products and travel services are non-refundable, non-exchangeable and cannot be cancelled or amended under ANY circumstances.
    3. Sales may not be offered in conjunction with any other offer or combined with any other form of discount or membership.

  6. Your Obligations & Responsibility

    1. When you make a booking with us, legal obligations arise and your right to a refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions, and by the conditions of the particular supplier. You must not make any booking unless you understand and agree to all of our terms and conditions. Once payment is made for the booking, it is deemed that you have read and understood the terms and conditions for the booking. If you have any queries please contact us before making any booking for any product or service.
    2. You must be at least 18 years old to make a valid booking for any cruise, travel, accommodation or other product or service, and we reserve the right to decline any booking unless proof of identification is provided.
    3. On arrival at a cruise, travel, accommodation or service location you may be required to supply a credit card or cash bond for security purposes. Bond requirements are set by the cruise, travel, accommodation or service provider and may vary with each supplier as it is their discretion as to the amount required.

  7. Customer Service

    1. We pride ourselves on the level of customer service that we provide. If any issues arise we will always endeavour to settle any issues or complaints quickly and fairly.
    2. In the event that you have an issue regarding any of our products or services please contact us by telephone or email our Customer Solutions team at resolutions@ourvacationcentre.com

  8. Capacity In Which We Act

    1. In all instances we act as booking agents only. As booking agents we are contracted by various third parties to sell and make reservations on their behalf.
    2. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make cruise, travel and accommodation bookings such as, but not limited to, cruise line operators on your behalf, and to arrange relevant contracts between you and our various service providers.
    3. We exercise care in the selection of reputable suppliers, but we are not ourselves a provider of cruise and travel services and have no control over, or liability for, the services provided by third parties.
    4. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers.
    5. We can provide you with copies of the relevant service provider terms and conditions upon request though any terms that are critical to the booking, will be relayed to you during the quotation or booking process.
    6. Your legal rights in connection with the provision of cruise, and travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any cruise, travel and accommodation service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
    7. NO AGENCY RELATIONSHIP. We do not agree to act as your agent or fiduciary in providing services hereunder.

  9. Governing Law

    1. Regardless of the customer’s nationality, these Terms and Conditions shall be governed exclusively by the laws of Queensland, Australia. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or vacationing with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against OVC or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Queensland, Australia. You and/or guests waive all rights to trial by jury. In the event a Member or Member’s guest initiates an action at law or in equity and OVC prevails, that Member or Member’s guest shall pay all costs incurred by OVC in defending such action, including reasonable attorney’s fees, paralegal fees and court costs. In cases of conflict or inconsistency, where these Booking Terms and Conditions are translated into a language other than English, the English text shall prevail.

  10. Force Majeure

    1. OVC does not assume any liability or responsibility, without limitation, for ANY damage, expense, inconvenience, loss, injury, death or damage to persons or property on any CRUISE line SHIP or RESORT or on any ship in transit to and from THE CRUISE SHIP OR the RESORT, or for any cause whatsoever due to delays, cancellations due to nature, oil spills, mechanical breakdowns, strikes, civil unrest, Actual or threatened TERRORISM or the consequences of either, acts of God and all similar events outside our control.

  11. Travel Advice

    1. Health
      1. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).
      2. It is your responsibility to ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of vaccination) may deny you entry into a country.
    2. Checking your bookings
      1. OVC will not take responsibility for an incorrect booking unless any discrepancies are advised to us within 48 hours from your booking confirmation. It is your responsibility to check all booking details are correct, and advise us if you do not receive a copy of your booking confirmation.
      2. Should you fail to notify us of any errors we will deem the booking details correct and no refunds will be applicable thereafter.

  12. Travel ACCOMMODATION & Service Descriptions

    1. The description of cruises, holiday accommodation inventory, and other services advertised on our website or advised by a reservation consultant is based solely on information provided to us by the suppliers or owners of such cruise, travel accommodation properties or service providers.
    2. We accept responsibility to present the information provided to us by our clients fairly and accurately. We do not accept responsibility for errors in description based on information provided to us by owners of such properties and service providers and do not guarantee the accuracy of any such information.

  13. Travel Documents

    1. Travel documents are (without limitation) cruise tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) that confirm an arrangement with a service provider.
    2. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees.
    3. Travel documents cannot be transferred to another person to use. 
    4. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. First, middle names and surnames on the booking MUST be exactly the same as per your passport. If the spelling is different to your passport/photo identification - PLEASE ADVISE US IMMEDIATELY.
    5. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings.
    6. If you have booked online, you should print out and retain your travel documents as provided to you by the website (or in a follow up email we send you).
    7. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
    8. You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation, as per section 10.1.
    9. All travellers must have a valid passport for international travel and many countries require at least six months validity from the date of return and some countries require a machine-readable passport.
    10. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Passport. If this is not the case, let us know prior to making your booking.
    11. It is important that you ensure that you have valid passports, visas and entry permits which meet the requirements of immigration and other government authorities in any countries visited.
    12. Please advise your consultant if you are not traveling on an Australian or New Zealand passport. You may require a returning resident visa.
    13. Non- Australian passport holders should contact their own government’s Embassy or Consulate.
    14. Any previous criminal convictions or drink driving offences may require a visa application prior to departure
    15. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part).
    16. If you need information regarding visas, passports and other travel document requirements for your trip, please let your consultant know. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us.
    17. Our consultants can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply).
    18. For online bookings, you can contact an external visa provider such as Toll Visas Direct (www.tollvisasdirect.com) directly. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
    19. If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.

  14. Prices, Booking Fees, Deposits, Payments & Cancellations

    1. Prices
      1. All prices are subject to availability and can be withdrawn or varied without notice.
      2. Price changes may occur due to matters outside our control, such as currency fluctuations, fuel surcharges, tax increases therefore contact your consultant for up-to-date prices and availability.
      3. Quoted price, availability and schedules are only valid at the time of the quotation and may change if the itinerary is booked later. You will be advised when receiving your quotation the period that is applicable for items contained within and can only be confirmed at time of booking.
      4. Fuel surcharges are levied as per the rules of the individual cruise line and may be applied at any time prior to departure. Additional terms and conditions imposed by the supplier may apply.
    2. Booking Fees
      1. Booking fees apply to Cruise bookings made by members of Abound by Marriott Vacations™ as follows;
        • Cruise = AUD$34.95 per cabin
      2. Our booking fee is inclusive of GST.
      3. Booking fees apply to all cruise reservations booked by us unless otherwise advised in writing.
      4. If you wish to amended a booking, other fees may apply. Current fees are listed in our Reservations Process and Conditions which can be viewed at https://www.mvcowners.ovstravel.com/ap/reservation-terms-and-conditions.
      5. Our booking fee is earned and charged when your booking reservation is confirmed and non-refundable.
    3. Deposits
      1. You are required to make a deposit in respect of your cruise at the time of booking.
      2. The amount of the deposit varies according to the requirements of each cruise or travel provider with whom we make your reservation and the amount of the deposit will be advised to you by your reservation consultant or shown online, before your booking is confirmed.
      3. Certain cruise and travel providers require the full amount of the cruise to be paid at the time of booking. If this is the case your reservation consultant will advise you at the time of the quotation or booking.
      4. All cruise and travel deposits paid are non-refundable (subject to your rights under the Australian Consumer Laws) but may be transferable on request depending on the circumstances of each booking. Contact one of our reservation consultants for details and assistance.
    4. Payments
      1. All monies paid to us, with the exception of the booking fee, are received by us on behalf of the cruise, travel or service provider with whom we are contracted and thereafter paid to them subject to our contractual marketing and reservation booking agreement with them.
      2. All monies paid by you to us will be and remain the property of OVC as a debt due and payable to the cruise, travel, accommodation or service provider with whom you are booked once the cruise, travel, accommodation or service to which the money relates have been provided.
      3. You agree and acknowledge that monies not required to be held in trust that we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
      4. If you make a booking within 35 days prior to the departure/arrival date of your cruise, travel, accommodation or service booking you will be required to pay for your cruise, travel, accommodation or service in full at the time of making the booking.
      5. In the case of all bookings outside of 35 days from your departure/arrival date for which a deposit was paid, you will be required to pay the balance of your cruise, travel, accommodation or service in full to meet the relevant supplier’s payment terms which in some instances will be a minimum of 8 weeks. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings. Reservations with some suppliers require payment in full at time of booking.
      6. You agree that the outstanding payment is required before confirmation of the booking can be made and that it is your responsibility to pay the amount by the required date. Reminders are not sent by us to you for any outstanding amounts.
      7. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we, or the Travel Supplier reserve the right to treat your booking as cancelled by you and cancellation charges may apply.
      8. We shall process your payments either over the telephone, or online if you are making a booking through our website paying through our interface.
      9. We may store details of your payment method in accordance with our Privacy Policy (securely using SSL encryption), however we shall not take any payments from your credit or debit card unless we have your authority to do so and the appropriate authorisation.
      10. All reservation prices are quoted in Australian dollars, are rounded off to the nearest denominator, and inclusive of Australian GST unless otherwise advised.
    5. Credit Card Payment
      1. By providing your credit card details to Our Vacation Centre you irrevocably authorise us to process payments for;
      2. All amounts owing by you for the cost of your cruise or travel booking against this credit card on the dates below:
        1. The booking or administration fee at the time of paying the deposit.
        2. The cruise or travel deposit cost on the date on which you’re booking is confirmed.
      3. The balance of the payment for your cruise or travel booking after deducting your deposit payment, to meet the supplier’s payment terms. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings.
      4. Credit card surcharges are applicable and may vary from month to month. In line with current legislation we will work with our designated financial institution to ensure that we only ever pass on the average cost of acceptance which will be advised at time of booking and included within your receipts.
    6. Cancellations & Changes
      1. Cancelled bookings may also incur additional supplier fees, which can equal up to 100% of the cost of the booking, regardless of whether travel has commenced.
      2. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued.
      3. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee.
      4. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
      5. All government fees, port charges, surcharges and taxes are subject to change without notice until the final payment is made and documents have been issued.

  15. General

    1. We advise you to review the supplier’s Terms and Conditions and any relevant Product Disclosure Statements carefully before confirming your booking.
    2. We will not change any of our terms and conditions which apply to your booking after it has been made by us unless these changes are agreed with you.
    3. For future orders, our terms may change and we recommend you read them carefully and agree to them each time during the booking process.
    4. MODIFICATIONS OF THE TERMS AND CONDITIONS. These Terms and Conditions are subject to change without prior notice at the sole discretion of OVC.