TRAVELERS
If you choose to request an Inspection Privilege for an Owner’s timeshare, you agree that you understand the different options available to you as a Traveler and you have decided to use our assisted booking service as outlined in the Assisted Inspection Use Traveler Agreement (“Traveler Agreement”). You have decided to use this service because of the advantages that a trial use of a timeshare property (including both deeded and right to use products) (“Timeshare”) that is currently owned by someone who wants to make their Timeshare available for purchase and allowing you as Traveler considering the purchase and advantages of timeshares in general to evaluate the property for purchase. By signing the Traveler Agreement you will agree to the terms on this page that are applicable to you, specifically, and without limitation, the provisions under All Users, Buyers, Travelers Disclaimer No Warranties, Rights and Licenses in the Website, Limitation of Liability and Indemnification, Copyright Notice, and Privacy Policy (all subsections). You also agree to the following terms and clarifications regarding the items in the Traveler Agreement:
You have requested the Owner of a particular Timeshare at the Resort listed in the Traveler Agreement to make a reservation for you to utilize a Stay. The Stay may be used by you and others accompanying you OR it may be used by others you designate in writing and that are listed with the Resort as a “Guest”, “Guest Reservation”, or similar term used by that Resort to mean those under your supervision using the Stay. You agree to be responsible for your actions, those accompanying you, those who you authorized to utilize the Stay, etc. (“Stay Guests”) including that Stay Guests will comply with all the rules applicable to any persons staying at the Resort and that any damage done by Stay Guests which are charged to the Owner by the Resort will be reimbursed by you and that we may charge the Credit Card listed on the Traveler Agreement that was used to pay for the Stay for any such charges. You also agree to indemnify and hold us harmless from any claim the Owner makes against us for damages that you did during the Stay. Finally, you represent and warrant to us that you have authority to bind the Stay Guests to these Terms of Use.
You agree to pay the Inspection Price listed in the Traveler Agreement and that is the cost of the right that Owner is granting you to utilize the Stay which is made available to you and others to advertise the Timeshare. Should you desire to purchase a Timeshare property at the Resort following the use of the Stay, you will be credited the entire Inspection Price toward any future purchase price. However, you are under no obligation to purchase any Timeshare property, and unless otherwise stated in the advertisement, under no obligation to take any tour or listen to any solicitation. Additionally, although the Owner must give you a credit for the Inspection Privilege Price towards the sales price, the Owner is under no obligation to sell the Timeshare property. It is not expected that there will be sales taxes, resort fees, or hotel taxes due on the Stay unless otherwise indicated in your paperwork, but if a government entity determines that such taxes are due, you, the Traveler, and the Owner are jointly and severally liable for such taxes and you indemnify us from any liability related thereto.
You agree that once the Stay is reserved by the Owner, there are no refunds or changes. If possible, we may assist in contacting the Owner to make changes; however, we cannot and do not promise that such changes to the Stay will be accepted by the Resort or that the Owner will cooperate in making such changes. Regardless of how much notice you have given for a proposed change, you understand that no such changes are guaranteed and that you are still responsible for the trial use fees even if life events, Acts of God, or the Resort actions occur that make it impossible for you to use the Stay. Travel insurance is available from third parties to assist with some unforeseen events and we encourage all Travelers to consider purchasing the appropriate travel insurance.
You understand that the Resort may have additional fees for services, not included as part of the Stay Inspection Price, which are charged by the Resort to all those who utilize a Timeshare at that Resort or those that utilize particular services whether they are Owners or not (“Daily Fees”). Daily Fees vary at different timeshare resorts and can include, without limiting the types of fees applicable to your Stay, wifi access fees, local phone call fees, towel exchange fees, activity fees, extra cleaning fees (beyond the standard cleaning done by the Resort for all guests), transportation fees, amenity fees (beyond the standard amenities included for all guests), etc.
In addition to the consent given in the Privacy Policy, you agree that by using the assisted booking service, you are granting us the right to contact you by phone and email, that you have specifically given us permission to do so, and that if you wish to revoke the right for us to contact you, then you must give us notice via email, phone or in writing by US Mail that you wish to be removed from our list.
TRAVEL INTERRUPTIONS and RISKS
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
BY ADVERTISING AND/OR FACILITATING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK. WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES ACCEPT NO RESPONSIBILITIES FOR ANY DAMAGE AND/OR DELAY DUE TO OWNER CANCELLATIONS, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND OUR CONTROL. NO RESPONSIIBLITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENTAL AUTHORITY. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER’S BREACH OF ANY WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, LOCAL, OR PROVINCIAL LAW.
Additionally, the Owner or Resort in some cases may have the legal right to change or cancel a reservation for the Stay or in otherwise interrupt or disrupt the enjoyment of the Resort during your Stay (“Owner Interruption”). You agree that we are not responsible for an Owner Interruption and that although we will do what we can to return the Inspection Price to you we are not required or obligated to do so. You understand that the claim for refund that you and Stay Guests have for an Owner Interruption is against the Owner of the Timeshare property or the Resort.
OWNER - INSPECTION USE
If you choose to offer an Inspection Privilege of your timeshare to a Traveler, you agree that you understand the different options available to you as an Owner and you have decided to use our assisted booking service as outlined in the Assisted Inspection Use Owner Agreement (“Owner Agreement”). You have decided to use this service because of the advantages that a trial use of your timeshare property (including both deeded and right to use products) (“Timeshare”) provides you in allowing someone who is considering the purchase and advantages of timeshares in general to evaluate the property you own for purchase (an “Inspection Privilege”). By signing the Owner Agreement you agree to the terms on this page that are applicable to you, specifically, and without limitation, the provisions under All Users, All Sellers – General Terms, Disclosures, Owner – Inspection Use, Disclaimer No Warranties, Rights and Licenses in the Website, Limitation of Liability and Indemnification, Copyright Notice, and Privacy Policy (all subsections). You also agree to the following terms and clarifications regarding the items in the Owner Agreement: You understand that we are providing the services to assist you in finding and entering into an agreement with the Traveler. You, as Owner, are responsible for the terms of the agreement between you and Traveler for the Stay.
You have agreed to make a reservation for the person identified in the Owner Agreement (“Traveler”) so that the Traveler and others accompanying them OR third parties designated in writing by the Traveler (“Stay Guests”) and list them with the Resort as a “Guest”, “Guest Reservation”, or similar term used by that Resort to mean those using the Stay. The Traveler has agreed to be responsible for their actions and the actions of Stay Guests, including compliance with all the rules applicable to any persons staying at the Resort. Traveler has agreed to reimburse you for any damage caused at the Resort during the Stay for which the Resort holds you responsible. You understand and agree that we are not responsible for such damages.
You represent and state that you are the owner of a Timeshare Property at the Resort identified in the Owner Agreement and that you have the right to reserve a Stay at the Resort for the Stay either as owner, a representative of owner, an officer with authority to bind a business entity, etc. After you have made a reservation the Traveler and/or Stay Guests, you agree that you will provide this information (“Confirmation”) to us and to the Traveler at our request. You are responsible to verify the information provided in the Owner Agreement and verify that the size of the unit, the dates for the Stay, and all other information are accurately reflected in the Confirmation and also reflect the description of the Timeshare property for which you are Owner. We may hold any monies due to you under the Owner Agreement until the Confirmation is received and verified by us and/or the Traveler.
You agree that you will not interfere in any way with the Stay for any reason. You understand that by making the reservation you will not be able to deposit the Stay with any resort or third party exchange program nor to have access to the right to use that is used for the Stay and will not commit the Timeshare property to any third party for which you have received Confirmation.
Should you or the Resort interfere with the Stay for any reason including any disruption of the enjoyment of the resort by the Traveler and/or Stay Guests during the Stay (“Owner Interruption”), you agree to pay liquidated damages to the Traveler and/or Stay Guests damages in the amount of the cost of alternate accommodations made by the Traveler during the time covered by the Stay and all costs associated with changing accommodations. If we may make substitute accommodations for the Traveler, you agree to reimburse us rather than the Traveler for those accommodations. Furthermore, you agree to indemnify and hold us harmless from any claim the Traveler and/or Stay Guests make against us for an Owner Interruption.
You agree to assist in resolving any resort issues that may arise either before or after the Stay regarding the reservation and the Traveler’s ability to use the Stay, including any request for a change to the Stay provided; however, that you are under no obligation to make a change to the Stay and Traveler is obligated to pay for the Stay even if a change request is not fulfilled. You agree that should the Traveler desire to buy a timeshare property and you agree to sell your Timeshare property, you will apply the Inspection Price received toward the purchase (while you are not under any obligation to sell the Timeshare property there may be tax implications if the Traveler offers to purchase, you refuse, and alternative properties are not available to Traveler). While not obligated to do so, should the Traveler decide to purchase a timeshare property, we will assist them to find similar properties which are available, and the Traveler may decide to purchase those properties rather than your Timeshare property. If Traveler does so you agree to hold us harmless for any lost opportunity to sell your Timeshare property to Traveler. You also agree to issue a refund when due in accordance with these Terms and/or the Owner Agreement. You also authorize us to obtain and charge any credit card you have provided to us for damages outlined in these Terms of Use or in the Owner Agreement including any reasonable and customary costs of collection, including attorney’s fees.
IMPORTANT: Before signing the Owner Agreement, you should carefully review your original timeshare purchase contract and other documents to determine what reservations you can make for the Traveler and if there are any restrictions or special conditions applicable to the use by third parties of your Timeshare property. If you decide to sell your Timeshare property, you also need to review them to determine whether the developer has reserved a first right of refusal (“ROFER”) or other option to purchase your interest or to determine whether there are any restrictions or special conditions applicable to resales. If you require legal advice, please contact an experienced timeshare lawyer to assist you. Nothing in this Agreement shall be construed to create a partnership or joint venture between you and us or to authorize you to act as the agent for us or to permit you to undertake or bind us to any contract or undertaking. Since the Traveler is visiting for an Inspection Privilege, it is not expected that there will be sales taxes, resort fees, or hotel taxes due on the Stay unless otherwise indicated in your paperwork, but if a government entity determines that such taxes are due, you, the Owner, and the Traveler are jointly and severally liable for such taxes and you indemnify us from any liability related thereto.
In addition to the consent given in the Privacy Policy, you agree that by using the assisted booking service, you are granting us the right to contact you by phone and email, that you have specifically given us permission to do so, and that if you wish to revoke the right for us to contact you, then you must give us notice via email, phone or in writing by US Mail that you wish to be removed from our list.