Terms & Conditions
1. General Terms and Conditions
Neither Developer, as defined below, nor Marriott International, Inc., and its affiliates (collectively “Marriott”) guarantees that an
Eligible Person, as defined below, utilizing the Hotel Reservation Service (the “Service”) will be permitted to schedule a stay at a particular participating Marriott Hotel* during any specific time. The list of Marriott Hotels participating in the Service is subject to change without notice. “Developer” means the person or legal entity that has developed and created a plan for deeded whole ownership in certain Marriott luxury brand ** Residences, or the person or legal entity who has developed and created a plan for memberships in St. Regis Club or
The Ritz-Carlton Destination Club (deeded fractional ownership interest).
a.) Special amenities available at a given Marriott Hotel participating in the Service vary and cannot be redeemed for cash.
b.) The availability and rate published under the Service is for a maximum of two (2) rooms per night per Eligible Person, as described in
paragraph 2 below.
c.) In order to utilize the Service, an Eligible Person must make his/her reservations using the reservations process designated by Marriott for
such Eligible Person.
d.) Marriott reserves the right at any time to change, limit, modify, or cancel any of the terms and conditions pertaining to the Service, with
or without notice, in its sole discretion. Marriott and owners of participating Marriott Hotels also have the right at any time to change, limit, modify, or cancel the Service without notice, in their sole discretion, including increasing or decreasing the number of elements comprising the Service, adding blackout dates or “special events,” limiting rooms available at Marriott Hotels participating in the Service or changing locations managed by Marriott and/or branded as a Marriott Hotel. In the event that any of these changes occur, Eligible Persons may not be able to utilize the Service or elements thereof.
e.) Rates offered during time periods defined as “special events” (e.g., Super Bowl, Mardi Gras, etc.) are subject to prevailing reservation booking requirements.
2. Eligibility and Participation
An “Eligible Person” is an individual or legal entity who has a deeded whole ownership interest in certain facilities managed by Marriott and/ or branded as a Marriott luxury brand property; a membership (deeded fractional ownership interest in St. Regis Club or The Ritz-Carlton Destination Club (each, a “Location”), or an individual who previously had a beneficial interest in the Bleu Florida Land Trust (the “Trust”) or in the Atlantic Property Holdings Land Trust and converted his/her/its beneficial interest in the Trust or in the Atlantic Property Holdings Land Trust into an interest in the MVC Trust (a “Converted Interest”), and, subject to paragraph 2.d. below, any designee of any such individual or legal entity. The Service will not be available to an Eligible Person if the Location is no longer managed by Marriott and/or branded as a Marriott luxury brand property. The Service will not be available if at the time of utilization of the reservation, the Eligible Person is no longer defined as an Eligible Person.
a.) The Service becomes available to an Eligible Person:
i.) In the case of a deeded whole ownership interest in a Residence at a Location, when a deposit is made under the purchase agreement and all contingencies, including but not limited to the rescission period, under the purchase agreement have been satisfied, and
ii.) In the case of a deeded fractional ownership interest in St. Regis Club or The Ritz-Carlton Destination Club at a Location, when a deposit is made under the purchase agreement and all contingencies, including but not limited to the rescission period, under the purchase agreement have been satisfied.
b.) Only the following Eligible Persons may utilize the Service:
i.) subject to this paragraph 2.b., owners of a deeded whole ownership interest in a Residence at a Location (individually, a “Marriott luxury
brand Residence Owner” and collectively, “Marriott luxury brand Residences Owners”); and
ii.) subject to this paragraph 2.b., owners of a deeded fractional ownership interest in St. Regis Club or The Ritz-Carlton Destination Club at
a Location (individually, a “Marriott luxury brand Club Member” and collectively, “Marriott luxury brand Club Members”).
Subject to the maximum number provided for in paragraph 2.c. below, each such Eligible Person is eligible to utilize the Service provided the applicable Marriott luxury brand Residences Owner or Marriott luxury brand Club Member:
i.) has paid in full all outstanding maintenance fees, club dues, taxes, special assessments, and all other charges, including interest and late charges, if any, housekeeping services fees, engineering services fees, if any, and any other fees that are not collected as part of the maintenance fee to the association(s) responsible for operating the Location and/or the operating company retained to operate and manage the Location;
ii.) has paid in full all payments to the Developer or to Marriott or any of their respective affiliates and is not in default under any of his/her obligations to the Developer or Marriott or any of their respective affiliates, and
iii.) is in compliance with all bylaws, rules, regulations, and other documents governing the operation of the Location.
Marriott, in its sole discretion, with or without prior notice, has the right at any time to modify the eligibility criteria for the use of the Service.
c.) In the event a deeded whole ownership interest in certain Marriott luxury brand** Residences or deeded fractional ownership interest in St.Regis Club or The Ritz-Carlton Destination Club is owned by more than four (4) individuals, all such individuals must provide in writing
to the general manager of the Location the names of up to four (4) individuals listed on the deed who are authorized to utilize the Service. In the event a deeded whole ownership interest or deeded fractional interest is owned by a legal entity, such legal entity must designate in writing the names of up to four (4) individuals who are authorized to utilize the Service; provided, however, an authorized representative of such legal entity must make such designation.
d.) Notwithstanding the foregoing, in the event a deeded whole ownership interest or deeded fractional interest is owned by multiple legal entities or a combination of individuals and legal entities, no more than four (4) individuals may be designated to utilize the Service. The designation of such four (4) individuals may not be changed more frequently than once per calendar year.
e.) The Service is not assignable or otherwise transferable by any Eligible Person to third parties, including family members, friends, and guests. Marriott has the sole discretion to interpret and apply these Terms and Conditions.
*Marriott Hotels participating in the Service include the following Marriott luxury brands: JW Marriott, The Ritz-Carlton, Ritz-Carlton Reserve, St. Regis, The Luxury Collection, EDITION, and W Hotels.
**Certain Marriott luxury brand Residences include JW Marriott, The Ritz-Carlton, Ritz-Carlton Reserve, St. Regis, The Luxury Collection, EDITION, and W Hotels.