The benefits they offer may change, certainly, or even be taken away, but the contract states the minimum number of direct points I need to own to receive “Membership Extras.” For direct owners, they can’t retroactively change that, as it’s part of the contract we sign. (And it also states that membership extras do not transfer with resale).
“By execution of the receipt set forth on the last page of this Membership Extras Acknowledgment and Disclosure Statement (the “Statement”), formerly known as Member Benefits Guide, the undersigned purchaser of a vacation ownership interest (an “Ownership Interest”) in a Disney Vacation Club® Resort (“DVC Resort”) acknowledges receipt of this Statement. This Statement serves as the acknowledgment and disclosure statement, as required pursuant to Section 721.075, Florida Statutes, for the incidental benefits program known as Membership Extras (the “Program”) provided by Disney Vacation Development Inc. (“DVD”) to purchasers, including the undersigned purchaser (“Purchasers”). This Statement contains information about the Program and the special benefits, offers and opportunities (the “Benefits”) made available through the Program by DVD to Purchasers who directly purchase an Ownership Interest from DVD and become members in Disney Vacation Club® (the “Club”). Any capitalized terms used in this Statement that are not defined in this Statement shall have the meaning provided in the Public Offering Statement provided to Purchaser in connection with the purchase of an Ownership Interest. “Member” as used in this Statement shall mean a Purchaser who has acquired an Ownership Interest directly from DVD and is a member of the Club in good standing pursuant to the terms and
provisions of the Club, including compliance with all Club and DVC Resort rules and regulations and current payment of all annual dues and purchase-money financing.
Membership Extras, such as vacation options in the Disney and Concierge Collections, certain discounts, offers, and special events are incidental benefits. These incidental benefits are subject to change or termination without notice, may require the payment of a fee and cannot be combined with any other offers or promotions. Membership Extras are also subject to availability and block-out dates may apply, including high periods of demand such as Christmas and New Year’s Day. To receive any Membership Extras, purchasers must present a valid Disney Vacation Club Membership Card along with a corresponding valid photo ID. Effective September 17, 2019, to obtain a Disney Vacation Club Membership Card, Members must accumulate a total of at least 100 Vacation Points purchased directly from DVD. Disney and Concierge Collections options are not available for ownership interests not purchased directly from Disney Vacation Development, Inc. after March 21, 2011, and, effective April 4, 2016, Members who have not purchased an ownership interest directly from DVD will not have access to Membership Extras.
Use of any Benefits and participation in the Program is completely voluntary and payment of any fees or other costs associated with the Program or any Benefit is required only upon such use or participation. No costs of acquisition, operation, maintenance or repair of the Program or any Benefit are passed on to Purchasers as common expenses of a DVC Resort or the Club. None of the Benefits described in this Statement are a feature or component of a DVC Resort or an Ownership Interest, or of any rights or privileges which are appurtenant to that Ownership Interest. The continued availability of the Program or any Benefit or any or all of these special programs is not necessary in order for any accommodation or facility of a DVC Resort or the Club to be available for use by Purchasers in a manner identical in all material respects with the manner portrayed by any promotional material, advertising or the Public Offering Statement.
Neither the Program nor any Benefits obtained through the Program are assignable or transferable by a Purchaser and may not be resold. Purchasers who acquire an Ownership Interest from any person other than DVD are not eligible to participate in the Program or receive any Benefits. Purchasers should not purchase an Ownership Interest in reliance on the ability to transfer any incidental benefits with the resale of an Ownership Interest.
Certain of the Benefits described in this Statement are provided by independent entities not affiliated with DVD or any of its affiliates, which independent entities shall be solely responsible for all aspects of the applicable Benefit. Furthermore, the relationship of DVD or any of its affiliates to any third provider is governed by an agreement or arrangement which limits DVD’s or its affiliates' role to that of reservation booking facilitator. Accordingly, neither DVD nor any of its affiliates shall at any time be liable or responsible whatsoever for any loss, injury or damage arising from any Benefits provided by any third party, whether caused by acts of God, acts of governments or other authorities, wars, civil disturbances, hijacks, terrorism, theft, intentional, or negligent acts of any third party or any other cause whatsoever. In no event shall DVD or any of its affiliates be liable for any special or consequential damages arising out of or in connection with the use or operation of any Benefit.
If any Benefit, or any portion of a Benefit, becomes unavailable for any reason, DVD reserves the right to substitute a replacement Benefit of a type, quality, value and term reasonably similar to the unavailable Benefit. Reservations for accommodations at a DVC Resort shall be deemed conclusively to be reasonably similar to accommodations reserved at any other property through the Program.”