CLUB INFINITI CLUB RULES - DVC Cast Member Application

particular Purchase Agreement if the application of that clause or sub-clause would bring any
party to this Project Documentation or the Purchase Agreement itself within the scope of any
legislation relating to investment or to property rights in the country in which that Purchase
Agreement was entered into. Notwithstanding the fact that any clause or sub-clause of these
Rules may have become null and void as a result of the application of this sub-clause, all other
clauses or sub-clauses of these Rules shall remain valid and enforceable in their entirety.
14. PERSONAL DATA:
The Developer has contracted the Customer Services Company to carry out its central Customer
Service functions. This company is the responsible entity for the use and treatment of the
personal data of Members. The use and treatment of such personal data, operated in Spain, is
regulated by Spanish Constitutional Law 15/1999 concerning Data Protection (LOPD). Such Law
transposes European Directive 95/46 into Spanish legislation.
By purchasing or paying for services supplied by the Customer Services Company, the Member
expressly agrees – unless the Customer Services Company is specifically informed otherwise -
that their data may be communicated to and used by the Customer Services Company, as well as
communicated to and used by all its associated companies and its business partners, with the
purpose that such data is used to operate the Club´s Customer Services and to offer or to
provide the Member with commercial, financial or complementary services.
In accordance with article 5 of the above-mentioned Spanish Constitutional Law, the Members
data will be incorporated into an electronic database of personal data, to be used by the
Customer Services Company and to offer the Member commercial, financial or complementary
services of companies associated with the Customer Services Company and their business
partners. Members can exercise rights of access, rectification, deletion and opposition as
stipulated in such Constitutional Law and its guidelines. Members rights of deletion and opposition
cannot result in the Members being exonerated of their obligations as per the Rules and other
documents which form the Project Documentation of their club.
15. DEFINITIONS
The following expressions shall have the following meanings:-
“Accommodation” means apartments and any other holiday accommodation, in respect of
which the documents conveying Occupancy Rights have been issued in the name of the Trustee
(or a wholly owned subsidiary of the Trustee) and are held in trust for the Members. Such term
shall include Ceded Accommodation and Alternative Accommodation where the context so
dictates.
“Alternative Accommodation” means apartments or other holiday accommodation or
Holiday Periods therein, leased or rented by the Management Company to supplement
availability of the Accommodation at times of peak demand.
“Associate Resorts” means Resorts in which the Developer has acquired Exclusive Rights of
Accommodation that have been vested in the name of the Trustee
“Borrow” means the borrowing of Points from the next succeeding calendar year for use in the
current calendar year and derivatives thereof, such as “Borrowed” shall carry the same
connotation
“Ceded Accommodation” means accommodation to which a Ceded Member is entitled and in
which Occupancy Rights have been assigned to the Developer in return for Points to be allotted
annually.
“Ceded Points” means Points issued, partially or wholly, in return for Occupancy Rights in
Ceded Accommodation
“Ceded Points Member” means a Member who had deposited Ceded Accommodation in
Return for Ceded Points as specified in his Points Certificate
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