1. Welcome to MagicBreakaways Exchange
1.1 These terms and conditions constitute a legally binding agreement between you and MagicBreakaways (managed by iExchange Network (Pty) Ltd). This agreement relates to the exchange of a timeshare week with another timeshare period exclusively through the MagicBreakaways network.
1.2 This agreement is independent of the agreement with the party from whom you purchased your Holiday Interest. For the rules of your timeshare resort (your “Home Resort”), please refer to your contract with the seller and/or Home Resort constitution and use agreement. MagicBreakaways cannot be held responsible for any obligations or representations of third parties in terms of your original purchase.
1.3 Your membership of the MagicBreakaways will become effective on acceptance by MagicBreakaways of your application for membership and the allocation of a unique membership number. MagicBreakaways reserves the right to refuse any application without giving reasons.
1.4 You may already have been registered on the MagicBreakaways network by your resort; alternatively if they have not, then to apply for Membership of MagicBreakaways you must either register online on the MagicBreakaways website or by phoning the dedicated call centre. We will contact your Home Resort to verify your ownership and also the occupancy rights to your timeshare. Once we have successfully verified your timeshare, you will then be contacted and your provisional Membership will be made final. You will be given your unique Membership number and will then be advised how many iPoints will be allocated to you in that calendar year should you transact. You are now a Member of MagicBreakaways
1.5 This agreement only applies to Natural Persons.
1.6 You may cancel your membership at any time by giving 30 (thirty) days written notice to MagicBreakaways: provided that should you have already banked your timeshare (whether in respect of the current calendar year or for the following year), then you will still have to honour the banking and allow MagicBreakaways the exclusive use of your timeshare for the period banked. MagicBreakaways may terminate your membership by giving you no less than 30 (thirty) days’ notice: provided that we will honour any confirmed reservation you may have made before such notice. Any iPoints not used by you prior to cancellation will lapse.
2. Transacting with MagicBreakaways - Banking
2.1 You may transact on MagicBreakaways as long as you are a member of the MagicBreakaways, your timeshare is available for exclusive use by the MagicBreakaways and you are up to date with all monies which may be due to MagicBreakaways.
2.2 If your Home Resort fails to maintain the standard of the resort and/or your timeshare unit, then MagicBreakaways reserves the right to suspend or completely terminate your timeshare and you will lose the right to transact with MagicBreakaways. MagicBreakaways will not be held responsible to you for any such loss nor will MagicBreakaways refund you any monies paid.
2.3 Your membership may also be suspended or terminated should you breach any of these terms and conditions, or you, or any guest taking occupation under you, behave in an abusive manner towards any MagicBreakaways employee or agent, or staff or management of any affiliated holiday resort into which you have made a booking.
2.4 MagicBreakaways manages the fair and equitable provision and distribution of holiday accommodation to all its members. Under no circumstances may you make a booking and then rent out the booking for commercial gain/purposes. Should you do so, your MBExchange membership may immediately be terminated, and your booking cancelled without refund of monies or the return of your exchanged timeshare.
2.5 Membership of MagicBreakaways is not transferable. Should you dispose of your timeshare, then your membership will automatically terminate without a refund of any kind.
2.6 Transacting with MagicBreakaways means banking (depositing) your timeshare with MagicBreakaways for a credit of an equal number of iPoints on the MagicBreakaways. Once you have banked your timeshare, you relinquish all rights of use of your timeshare to MagicBreakaways for the period so banked. In the event of you then occupying, renting out or allowing any other person or exchange organisation to use your banked timeshare and MagicBreakaways is as a result not able to use it, then you will be liable to MagicBreakaways for the costs of renting an equivalent replacement timeshare week
2.7 The number of iPoints allocated to you for your timeshare will depend on the location, size, standard, season of and member demand for your timeshare. Please note that the number of iPoints allocated to your timeshare may change from year to year depending on changes in the above criteria. You can check how many iPoints you have at any time by viewing your iPoints account on the MagicBreakaways website or phoning the dedicated MagicBreakaways call centre.
2.8 You can bank your timeshare by either going online or phoning the MagicBreakaways dedicated call centre. You will be given a provisional quote for your banking and advised how many iPoints should be allocated to your timeshare. We will contact your Home Resort to verify your timeshare and whether it is available for exclusive use by MagicBreakaways. We will thereafter contact you and advise whether your banking was successful or whether there are any issues raised by your Home Resort (for example, levies outstanding or your timeshare cannot be used exclusively by MagicBreakaways). Should no issues have been raised or you are able to resolve any outstanding issues, your banking will be made final and you will be allocated your iPoints. Should you not be able or willing to resolve the outstanding issues with your Home Resort within 2 (two) working days, then your provisional banking will lapse.
2.9 If your timeshare is a flexi week (not a fixed week) and you have not set the week prior to banking it with us, then you consent to us setting the week on your behalf (subject to your resort so permitting) and allocating your iPoints based on the set week.
2.10 Once you have banked your MagicBreakaways timeshare and received your iPoints credit, MagicBreakaways will have the sole and exclusive right to your timeshare for the applicable period and may, at its sole discretion, use it for bookings, exchanges, rental, inspection visits or marketing and promotional purposes.
2.11 Your iPoints will be valid for 36 calendar months from when you first received the credit, after which any unused iPoints will lapse: provided that any iPoints to your credit will automatically lapse at the end of your membership term regardless of when banked. You should therefore use all your iPoints and go on holiday prior to the end of your membership term.
3. Transacting with MagicBreakaways - Bookings
3.1 Your membership may also be suspended or terminated should you breach any of these terms and conditions, or you, or any guest taking occupation under you, behave in an abusive manner towards any MagicBreakaways employee or agent, or staff or management of any affiliated holiday resort into which you have made a booking
3.2 You can make a booking either by contacting the MagicBreakaways central reservation office on the published telephone number or online at www.mbexchange.co.za. We may require from you to provide a password or personal details so as to verify and confirm your membership.
3.3 To make a holiday booking you will require an iPoint credit of no less than the iPoints value of the booking you wish to make (your “Point credit balance”). You can use iPoints still valid from previous banking, or if available, you can bank your timeshare at the same time as making your booking request, subject to the banking rules above.
3.4 You will have 2 (two) working days from the day on which you make the booking request to pay the prescribed exchange fee. Should you fail to make the necessary payment, then your provisional booking will lapse.
3.5 A confirmed booking may only be used by you personally. Should you wish for a family member or friend to use the booking, then you must request a guest certificate. A fee may be payable for a guest certificate. The confirmed booking letter or guest certificate must be presented at the resort/holiday home when checking in, and only the person named on the booking confirmation letter or guest certificate (and their immediate party) will be entitled to take occupation. You may not misuse, sell, or in any other way seek commercial benefit from, a guest certificate.
3.6 You are solely responsible for all acts and omission by those taking occupation with you as well as any guests to whom you have issued a guest certificate.
3.7 Should you wish to cancel a confirmed booking for any reason prior to or during occupation, then you will, by way of a cancellation fee, forfeit portion or all of your exchange fee as well as the iPoints you used to book, depending on how close to occupation you cancel. You are therefore encouraged, prior to cancelling any confirmed booking, to always view the current forfeiture policy
3.8 All bookings, whether local or international (please see below), confirm the right to use and to occupy the accommodation booked for the period booked and do not include any costs relating to travel and any food, transport, entertainment or the like.
4. Local Bookings
4.1 The prescribed local exchange fee is payable for each confirmed booking into local timeshare.
5. International Bookings
5.1 The prescribed international exchange fee is only payable for each confirmed booking into international timeshare.
5.2 Some international resorts may require you to pay additional fees and charges. It is recommended that you enquire as to what additional fees and charges may be levied by the specific resort. MagicBreakaways accepts no responsibility for any such fees and charges.
5.3 You should make sure that you have made all necessary arrangements regarding your international travel, including passport, visa and foreign exchange arrangements as well as the transfer to and from the international resort itself.
6. Affiliated Resorts and Holiday Homes
6.1 Your timeshare comprises the exclusive right of use of holiday accommodation, for a defined period/s during the year, in a timeshare resort associated or accredited to MagicBreakaways (your "Home Resort"). There are a number of resorts included in the recognised MagicBreakaways network, including your Home Resort (the "participating resorts").
6.2 You are solely responsible for all levies, charges and fees of, and obligations to your Home Resort.
6.3 Although MagicBreakaways takes great care to verify and update resort information, we have to rely on details provided by participating resorts. Information that we publish is to the best of our knowledge and our belief correct and current.
6.4 Services and amenities provided by the participating resorts may be changed or also withdrawn at the sole discretion of the resort management and consequently we cannot be held responsible should the information about a participating resort be incorrect at any time.
6.5 You and your guests, are subject to all the rules of your chosen resort, including but not limited to rules relating to maximum occupancy, abusive behaviour additional fees, late arrival and early departure (you must notify the participating resort yourself), and pets. Should you be refused occupation because of any breach of these rules, then you will have no claim against MagicBreakaways for any iPoints you lost because of it, refund of your timeshare, nor the refund of your exchange fee. It is very important that you read the booking confirmation letter and confirm the rules with the resort.
6.6 In the event of the certain unit that appears on your MagicBreakaways confirmation letter not being available at the time of you checking in due to overbooking, then MagicBreakaways reserves the sole right to cancel the booking and offer you an equivalent alternative booking. If no equivalent bookings are available, then MagicBreakaways may either hold over your exchange fee, and the iPoints you used for the booking, as a credit on a future booking, or may refund you in full.
6.7 In the event of the certain unit that appears on your MagicBreakaways confirmation letter not being available at the time of you checking in for any other reason whatsoever for which MagicBreakaways is not at fault, the resort will provide you with an equivalent alternative unit and you will have no claim against MagicBreakaways. We recommend that you confirm your booking with the resort prior to you travelling. For any unforeseen circumstances we recommend that you take out our Premium Holiday Cover.
6.8 MagicBreakaways does not directly own any of the participating resorts and consequently cannot be held responsible for the condition of or the services provided at any of the participating resorts. In particular, should you refuse to take up or cut short an occupation because of the condition of or services at any of the participating resorts, MagicBreakaways will not be held responsible for any loss you may suffer as a result thereof. Any complaints about the condition or services at any participating resort should be reported directly to the management of the participating resort. Should you not get satisfactory attention from any of the participating resorts, please contact our member services help desk as soon as possible. Your comments will assist us in monitoring the participating resorts for the benefit of all MagicBreakaways members.
6.9 MagicBreakaways accepts no liability whatsoever for any injury, death, loss, damage or expense suffered by you, your guests or anyone else taking occupation with you, arising from any act of God, theft, strike, fire or the acts or omissions on any other person.
7. Your Personal Information
7.1 MagicBreakaways will not give your personal information to any other person without your personal knowledge and agreement. However you do consent to your personal information being given to Premium Holiday Cover, for purposes that they may contact you regarding holiday cover. If you do not wish to be contacted by them, please notify us in writing.
7.2 When you contact MagicBreakaways by telephone, or MagicBreakaways contacts you, the can may be recorded for quality and security purposes only without you being necessarily advised thereof.
7.3 To protect your personal information, one of our consultants will need to verify your identity before we are able to provide you with your Membership details or allow you to transact on the MagicBreakaways Network. You are encouraged to keep your Membership number and password safe.
7.4 Unless we receive the original prescribed letter of authority from you, allowing a nominated person to make enquiries or transact on your personal account, we reserve the right to refuse to divulge your personal information to a third person or allow them to transact on your account.
8. Changes to these Terms and Conditions
These terms and conditions, and any fees which may be payable to MagicBreakaways in terms hereof, may be changed from time to time at the sole discretion of MagicBreakaways without notice to you. The updated rules will always be available for inspection at the head office of MagicBreakaways during normal office hours as well as on the MagicBreakaways website.
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