READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
ResortRentals.com, LLC and/or its affiliates (“Resort Rentals”, “Us”, “We”, “Our”, or “ResortRentals.com”) provides You subscription access to gather travel information, determine the availability of travel-related goods and services, advertise a vacation property, make legitimate reservations, and for no other purpose. The term “You” refers to the user visiting the Website, advertising a vacation property and/or booking a reservation through us on this Website, or through our customer service agents. ResortRentals.com acts as a venue to allow owners and property managers who advertise on the Website (each, an “Owner”) to offer in a variety of pricing formats, a specific vacation timeshare property to customers/potential purchasers (each, a “Customer” or “Traveler” and, collectively with an Owner, the “Users” or “Travelers”).
We seek to provide all Users with a positive experience. If at any time You should become dissatisfied with Our services, please contact Us at [email protected] Please identify the complaint and the desired resolution. If at any time You are unsatisfied with the resolution, We encourage You to ask that Your issue be reviewed by management.
PUBLISHED INFORMATION BY THIRD PARTIES
We do not endorse any property or service advertised on this Website. We urge all Users to be responsible about their use of this Website and any transaction entered into as a result of advertising a property. Resort Rentals does not own or manage, nor can Resort Rentals contract for, any vacation property listed on the Website. Resort Rentals provides an online system for processing but does not control the properties advertised.
We are not a party to any rental or other agreement between Users. Confirmation of details is the sole responsibility of the User. Owners are solely responsible for the accuracy of their advertisements and information related thereto. We assume no responsibility for the condition of any goods or services advertised. It is the sole responsibility of the Customer to validate the information given. We expressly disclaim any liability or responsibility for the success of any transaction You have with any User.
Users agree to be responsible for and to abide by all laws, rules, and regulations applicable to the use of the Website Users further agree to be responsible for the use of any tool, service, or product offered on the Website as well as any transaction entered into on the Website or in connection with the use of the Website. Owners are responsible for and agree to abide by all laws, rules, taxes, and regulations applicable to the advertisement and use of their vacation property.
WE ARE AN ONLINE MARKETPLACE AND SERVICE PROVIDER, NOT A REAL ESTATE BROKER, AGENT, OR RENTAL COMPANY. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY USER MISREPRESENTATIONS.
This Website is for personal use by Customers and cannot be used by a Customer for commercial purposes without the prior written consent of Our legal department. Any violation of this provision may result in a termination of advertisements without refund or additional service fees charged to Owner, at the sole discretion of Resort Rentals.
TRAVEL INTERUPTIONS 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. Information may be found 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.
By using the electronic signature feature of this Website, You and all other entities on whose behalf You are acting have chosen to electronically sign all agreements. Your electronic signature shall have the same legal effect as a written signature and by using an electronic signature, You are deemed to have read every record and document before electronically signing the same. If You do not understand any record or document, then You agree to communicated directly with an appropriate representative of ResortRentals.com concerning your understanding prior to Your use, or continued use of an electronic signature. Additionally, you authorize the reproduction of your electronic signature on any form required or requested to facilitate the services association with the Website.
You represent and warrant without reservation that You have the legal right, power, and authority to agree to these Terms and Conditions on behalf of Yourself and all other entities on whose behalf You are acting. You and all other entities on whose behalf You are acting further agree that Your electronic signature constitutes an “electronic signature” as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and/or the Uniform Electronic Transactions Act (“UETA”). You and all other entities on whose behalf You are acting further acknowledge and agree that by using an electronic signature You agree to these terms and conditions and that such agreement is an “electronic record” for purposes of E-sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by You and all other entities on whose behalf You are acing, if different, as if it were any other duly executed paper contract.
If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Resort Rentals does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If You are under 18, You may use ResortRentals.com only with involvement and permission of a parent or guardian. Resort Rentals reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at Our sole discretion.
User verification on the Internet is difficult and We cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. We encourage You to communicate any concerns You have through the tools available on the Website, though even this does not assure You of the identity of the person with which You are communicating or researching.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may provide Users access to post reviews, comments, photos, and other content; send offers and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Resort Rentals reserves the right (but does not assume the obligation) to remove or edit such content, but does not regularly review posted content. If You do post content or submit material, and unless We indicate otherwise, You grant Resort Rentals a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Resort Rentals and sub-licensees the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Resort Rentals for all claims resulting from content You supply. Resort Rentals has the right but not the obligation to monitor and edit or remove any activity or content. Resort Rentals takes no responsibility and assumes no liability for any content posted by You or any third party.
RISK OF LOSS
All items purchased from Resort Rentals are made between You and Owner. This means that the risk of loss and title for such items are between You and the Owner.
TRAVEL SERVICES; INSPECTION PRIVILEGE PRICE
ResortRentals.com assists Users in advertising, finding, and making reservations for resort properties owned or operated by third party Owners. Customers can make reservations either by using the ResortRentals.com website or by calling its live operators who staff toll-free telephone centers. Owner grants ResortRentals.com the ability to advertise the right to occupy the property. Owners have entered into this agreement with the expectation of selling their property. To this end, Owners advertise their properties and charge an inspection privilege price. The Inspection Privilege Price is the Posted Price or Rate and is automatically triggered when the Customer makes a reservation through Resort Rentals. Should the Customer desire to purchase the property following the use of the property, the Owner agrees to credit the entire price of the inspection privilege toward any future purchase price. However, the Customer is under no obligation to purchase any 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 the Customer a credit for the Inspection Privilege Price towards the sales price, the Owner is under no obligation to sell the property; however, in that situation it is understood that the Owner, and not Resort Rentals, may be liable for taxes on the transaction.
Resort Rentals attempts to be as accurate as possible. However, Resort Rentals does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered by Resort Rentals itself is not as described, the Customer’s sole remedy is to seek redress with the Owner directly.
No refunds will be issued to a Customer after a Customer makes a reservation through ResortRentals.com.
Except where noted otherwise, the price (“Rate”) displayed for products on Our website represents the retail price advertised for the inspection privilege outlined above and is provided by the Owner. The Rate is individually authorized by the Owner and may or may not represent the prevailing price in every area on any particular day.
We cannot confirm the Rate of every item on the ResortRentals.com website. Despite Our efforts, some of the items in Our postings may be mispriced.
Parties other than Resort Rentals offer, sell, or rent products, provide services on the Website. In addition, We provide links to the Websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or individuals or the content of their websites. ResortRentals.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE OWNERS OR THIRD PARTIES.
WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, OUR AFFILIATES OR OWNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BY USING THE RESORTRENTALS.COM WEBSITE YOU AGREE THAT IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY OTHER THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY WEBSITE OF A MEMBER OF THE RESORT RENTAL GROUP, BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to Your visit to ResortRentals.com or to products or services sold or distributed by Resort Rentals or through ResortRentals.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1 shall be adjudicated in any state or federal court in Orange County, State of Florida, and You consent to exclusive jurisdiction and venue in such courts.
300 Constitution Ave.
Suite 200B, Box 10
Portsmouth, NH 03801
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ResortRentals.com is a subscription service that provides discounts and other benefits to its Users through affiliations within the industry. Under some state law, including Florida, language exists that We believe does not apply to Us but, in an abundance of caution, We choose to voluntarily provide the requested disclosures, but do not guarantee that We will provide such disclosures in the future. Although We provide advertisements on Our Website with Your subscription, Resort Rentals may be deemed to operate within the timeshare resale marketplace. Through various advertising partnerships, ResortRentals.com provides its Users with, among other things, a web-based network for timeshare buyers, sellers, and users. Resort Rentals does not itself engage in real estate broker or transfer services on Your behalf or anyone else. Resort Rentals inquiries and communications are between the Owner and the inquiring party directly. Resort Rentals does not negotiate on behalf of Owners or Buyers. Resort Rentals can refer You to a licensed real estate broker or attorney to provide whatever real estate brokerage or legal services are necessary upon request. You authorize all inquiries/communications regarding a particular property to be submitted to an affiliated or unaffiliated licensed real estate brokerage/agent (“Professional”) by Resort Rentals and that Professional may contact the User, the inquiring party, and/or any third party and attempt to consummate a transaction. Resort Rentals and broker/agent shall not be liable if an inquiry is not forwarded or does not result in sale/use or results in sale or use of a different property. Users and inquirers are encouraged to reply timely to communication in order to reduce risk of a lost transaction. The terms of any agreement between a real estate broker/agent and You are not endorsed or recommended by Resort Rentals. Additional fees beyond Resort Rentals subscription may apply such as transaction fees, broker commissions, and/or closing costs charged to either the buyer and/or seller based upon the terms of a purchase and sale contract. Market conditions fluctuate and influence every transaction. Resort Rentals does not guarantee that a property can be used or sold at any particular price or within any particular period of time. Due to privacy concerns, direct contact information for Customers or Owners is not available on the Website.
The words “Rent” and/or “Rental” is used to describe the service of the “Inspection Privilege Price” and not the literal denotation.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Resort Rentals or its content owners and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Resort Rentals and protected by U.S. and international copyright laws. All software used on this Website is the property of Resort Rentals or its software owners and protected by United States and international copyright laws.
Resort Rentals respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please follow Our Notice and Procedure for Making Claims of Copyright Infringement.
“Spot,” ResortRentals.com, and other ResortRentals.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Resort Rentals in the U.S. and/or other countries. Resort Rentals’ trademarks and trade dress may not be used in connection with any product or service that is not Resort Rentals’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Resort Rentals. All other trademarks not owned by Resort Rentals that appear on this Website are the property of their respective Owners, who may or may not be affiliated with, connected to, or sponsored by Resort Rentals.
One or more patents owned by Resort Rentals and/or its affiliated companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.
LICENSE AND WEBSITE ACCESS
Resort Rentals grants You a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Resort Rentals. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Resort Rentals. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Resort Rentals without express written consent. You may not use any meta tags or any other “hidden text” utilizing Resort Rentals’ name or trademarks without the express written consent of Resort Rentals. Any unauthorized use terminates the permission or license granted by Resort Rentals and Resort Rentals may prevent access to the Website by You. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ResortRentals.com so long as the link does not portray Resort Rentals, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Resort Rentals logo or other proprietary graphic or trademark as part of the link without Resort Rentals express written permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGMENT
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide ResortRentals.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Resort Rentals that Your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Website, including the ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
ResortRentals.com’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
ResortRentals.com Legal Department
8545 Commodity Circle, Suite 130
Orlando, FL 32819
e-mail: [email protected]
AUTHORIZATION GRANTED TO RESORT RENTALS
By submitting any communication to this Website You are fully and irrevocably authorizing this Website and any of its affiliated entities (collectively, “Us”) to publish or use the communication in whole or in part in any manner, to publish through any medium and through any media type known or hereafter devised, and to communicate with You via Your email provided.
Further, You represent that You own or have the necessary rights without the required authorization from, or payment to, any other person or entity to own, and convey the information contained in the communication. You acknowledge that You will not be compensated or provided other consideration for any use of the communication, and You acknowledge that You have no expectation to be compensated or provided any compensation for any use of the communication.
In addition to being bound by the Terms above, Owners who advertise a property on the Website are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription (“Owners Terms”).
OWNER ELIGIBILITY; ACCURACY OF INFORMATION; REPRESENTATIONS
Any person posting an advertisement on ResortRentals.com agrees that their advertisement may remain on Our website pursuant to the terms of their subscription. ResortRentals.com will rely on information from You with regard to the status of any advertised product. Any advertisement may be cancelled by You because of a sale (which You must report); by Us by removing Your advertisement; or because You choose to cancel Your advertisement. ResortRentals.com cannot and does not guarantee that any property or other product advertised will be sold in any specific timeframe. If your access to advertising on ResortRentals.com is derived from an affiliated organization this opportunity to advertise as part of Your subscription is ancillary to Your primary benefits provided by Us and Our partner providers.
The terms of any transaction and the time it takes to consummate a transaction are outside Our control and based upon market conditions, price, quality, week, unit, resort, location, and other factors. With Your subscription, ResortRentals.com will allow You to advertise Your property with the information You provide subject to any restriction on appropriate content within the Terms herein. All Owners are responsible to review any and all advertisements they post with ResortRentals.com to be sure that the information is accurate and to contact Us if any changes need to be made. ResortRentals.com assures Users all effort will be taken to create a professional and accurate advertisement, but assumes no liability for misprints, omissions, etc. Any and all changes, deletions or additions should be submitted to Us in writing as soon as revisions are deemed necessary. Revisions to client advertisements can be made to any part of the description specific to Your property at no charge during the time span in which the advertisement appears on the Website.
ResortRentals.com is providing marketing assistance to Owners in the advertising of their vacation property. If ResortRentals.com represents that ResortRentals.com has identified a Customer who is interested in purchasing Your property interest, then ResortRentals.com must provide You with the name, address, and telephone number of such represented interested resale purchaser or the legally designated agent or assign.
You are not obligated to pay ResortRentals.com any money unless You sign the Agreement (which signature must be executed electronically).
IMPORTANT: Before signing this contract, You should carefully review Your original timeshare purchase contract and other project documents to determine whether the developer has reserved the right of first refusal or other option to purchase Your property interest or to determine whether there are any restrictions or special conditions applicable to the resale or use of Your timeshare interest. If you require legal advice, please contact an experienced timeshare lawyer to assist you.
TERMS OF ADVERTISING
ResortRentals.com reserves the right, in its sole discretion, to refuse, deny, or cancel an advertisement. The maintenance fees on the property being advertised must be paid in full. The property advertised cannot be utilized or assigned to any third party. You must not deposit or commit the property to a third party. Any expenses or losses incurred to a Customer or ResortRentals.com, denied access to the property as a result of any double booking with a third party, will be Your responsibility. A number of resorts will reserve the weeks on the property owner’s behalf. Please check with the resort if unsure of the resort booking procedure. ResortRentals.com will accept an Owner’s property no less than three (3) weeks prior to the or check-in date of the property.
You agree that prior to the check-in day of the property, Resort Rentals may, at its sole discretion, adjust the Rate based on market conditions which include but are not limited to season, weather, supply, demand, quality and/or size of accommodations.
You agree to allow Resort Rentals to rent Your Property. You also represent that the Property Profile included in the Agreement is true, complete, and accurate regarding the Property. You represent, warrant, and covenant that You possesses good, full, valid, and marketable right, title, and interest to the Property for the Use Period stated in the Agreement and that no other agreement has or will be entered into that would interfere with the Customer’s use of the Property during the Use Period. You represent that You are fully up-to-date in fees, such as maintenance and taxes, owed on the Property and are not in default under the purchase contract or membership agreement with the respective resort or timeshare plan. You agree to hold the property interest open exclusively for Resort Rentals. You agree to respond within forty-eight (48) hours to communications from Resort Rentals. You will be responsible for paying any charges in excess of the Rate and shall not charge or invoice Resort Rentals for such incidental charges.
Except as expressly provided in this Agreement, neither Owner nor any ResortRentals.com affiliate shall disclose the terms or conditions of the Agreement other than its existence and duration, nor any matters relating to the course of dealings between the parties, to any third party. Notwithstanding the foregoing, a party may disclose Confidential Information in response to the order, requirement or request of a court administrative agency, or other governmental body, provided that the party shall use commercially responsible efforts to provide prompt notice of the latter event to the disclosing party to enable the disclosing party to seek a protective or otherwise prevent or restrict such disclosure.
LIMITATION OF LIABILITY
Except for damages arising from Owners breach of these Terms, in no event will either party, or any affiliate of Resort Rentals be liabile to the other for any punitive, incidental, or consequential damages in any action arising from or related to the Terms or the Agreement, whether based in contract, tort (including negligence), intentional conduct, or otherwise, including without limitation, damages relating to the loss of profits, income, or goodwill, regardless of whether such party has been advised of the possibility of such damages. To the extent that the applicable law does not allow the limitation of liability or incidental or consequential damages, the above limitation may not apply.
ASSIGNMENT; COMPLIANCE WITH LAWS; ENTIRE AGREEMENT
These Terms shall inure to the benefit of, and be binding upon Owner and Resort Rentals (including Resort Rentals’ successor and assigns). Resort Rentals may assign its obligations to any person or entity, including any affiliate. Each party agrees to comply with all laws applicable to these Terms. These Terms and the Agreement constitutes the entire understanding of the parties and supersedes all prior discussion, negotiations, agreement and understanding, whether oral or written, with respect to the subject matter. Any agreement entered into between the parties may be amended only by written instrument signed by both parties.
Each party to this Agreement agrees to indemnify and hold harmless the other party to this Agreement from any and all losses, liability, damages, costs, claims, demands, actions, or suits, including reasonable attorneys’ fees and court costs in connection with a claim by a third party, which arises directly or indirectly of (i) any breach of this Agreement by the indemnifying party; (ii) any act, error or commission of the indemnifying party in connection with its performance hereunder, and/or (iii) with respect to Owner, (a) any claim that Owner infringed upon third party intellectual property, privacy, or other proprietary rights, (b) Owner’s provision of inaccurate information applicable to the Rates, or (c) any claim brought by any third party or Customer as a result of the operation of, action or event occurring at or on, a Property. The indemnified party agrees to promptly notify the indemnifying party in writing of any indemnifiable claim, tender to the indemnifying party the right to defend against such claim, and cooperate and assist the indemnifying party at the indemnifying party’s cost and expense.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be construed to create a partnership or joint venture between the parties or to authorize a party to act as the agent for the other party or to permit a party to undertake or bind the other party to any contract or undertaking.
SURVIVAL OF PROVISIONS
All obligations of each party that have accrued prior to a termination of this Agreement or that are of a continuing nature shall survive termination of this Agreement. An Owner shall honor any reservation made through ResortRentals.com prior to the effective date of any termination of this Agreement. Upon termination of this Agreement and the written request of either party, each party shall deliver to the other party all of such other party’s Confidential Information that such party may have in its possession or control.
We reserve the right to refuse hypertext links to, or addresses of, other web Websites from Owners’ pages, and to remove links or web addresses without notice at Our sole discretion. Further, We reserve the right to charge for hypertext links at any time.
SUBSTITUTION OF PROPERTIES; ADVERTISING MORE THAN ONE PROPERTY
Each advertisement must relate to an individual and uniquely identified property, unless You otherwise purchased a Subscription package that expressly allows for substitution of properties. This means that:
(i) The property in an advertisement may not be substituted for another property without Our consent. We may approve a request if the property that was listed was sold or the contract with the owner was cancelled and the Owner provides sufficient proof thereof and completes any additional request forms We may request. The term of the subscription for any substituted property shall be the same as the term of the originally advertised property (i.e., the term will not be extended past the original term).
If an Owner submits changes to an existing advertisement that, if approved, would substantially alter the advertisement to make it that of another property, then We have the right to terminate the advertisement and may choose, in Our sole discretion, to retain any fees associated with the term of the previously existing advertisement as compensation for the violation of this condition.
(ii) The advertisement specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple units on the same Website and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in Our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
UNAUTHORIZED PAYMENT METHODS; SUBSCRIPTION PAYMENTS
We are not a party to any payment transaction between Owners and Customers. No Owner may request any Customer to mail cash, or utilize any instant-cash wire transfer service such as PayPal,Western Union or MoneyGram in payment for all or part of a transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming advertisement from the Website without notice to the Owner and without refund. From time to time, We may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, We hope to be able to assist Users in avoiding such transactions, but We assume no liability or responsibility to do so or to inform users of any such actual or suspected activity. To the extent We accept funds and remit them, the Subscriber agrees to be responsible for additional service fees commensurate with the costs of accepting said funds, including credit card processing fees and/or bank fees.
Payment for subscriptions must be made to Us in U.S. Dollars paid either by major credit or debit card, or when automation is available, an ACH check drawn on a U.S. bank.
SUBSCRIPTION TERM, REFUND REQUESTS, AND TERMINATION OR TRANSFER OF ADVERTISEMENTS
Subscription Term: ResortRentals.com reserves the right to charge a subscription fee to any Owner. No subscription fee shall be due from Owner the first year the Owner submits a vacation property from an affiliated site if the subscription expressly includes access to Resort Rentals.
Refund Requests: Generally, no refunds are available unless an Owner qualifies for a refund under any guarantee program We may have in effect. If You believe You qualify for a refund under a guarantee We are offering, You may contact customer support and include Your customer number and reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
Refund Requests for Advertisement Not Completed: In the event You purchase a subscription for an advertisement but do not complete the creation of the advertisement or the advertisement does not get posted after purchase for any other reason, refund requests will be considered only during the first three (3) days following the purchase date. If within such three (3) day period You do not complete the creation of Your advertisement as We may require to display such advertisement on the Website (i) You shall not be entitled to any refund and (ii) Your subscription will expire no more than 12 months from the purchase date of the subscription regardless of the advertisement posting date.
If You renew Your subscription, or if Your subscription automatically renews under its terms of Your subscription, Your advertisement will remain online for the entire subscription period without refund. If You sell Your property and no longer wish for the advertisement to remain online, please contact Us and We can remove the advertisement; however, no refund will be owed.
Termination: An Agreement may be terminated immediately and without notice (i) if the other party materially defaults in the performance of any of its material obligations under these Terms and/or the underlying Agreement and does not cure the default within thirty (30) days after receipt of notice in writing from the non-defaulting party or thirty (30) days prior to the Arrival Date, whichever occurs first; (ii) if the other party commences insolvency, receivership, or bankruptcy proceeding or any other proceedings for the settlement of its debts, which are not dismissed or otherwise resolved in its favor within 60 days thereafter; (iii) if the other party makes a general assignment for the benefit of creditors; or (iv) if the other party dissolves or ceases to conduct business in the ordinary course.
Our Right to Terminate an Advertisement: If, in Our sole discretion, any Owner submits unsuitable material to Our Website or into Our database, misuses the Website or Our online system or is in material breach of these Terms, We reserve the right to terminate such Owner’s subscription(s) immediately without refund. In addition, if We become aware of or receive a complaint or a series of complaints from any User or other third party regarding an Owner’s advertisement or practices that, in Our sole discretion, warrants the immediate removal of such Owner’s advertisement from the Website (for example, and without limitation, if an Owner double-books a property for multiple guests or itself on the same date, or engages in any practice that, in Our sole discretion, would be considered unfair or improper within the vacation industry, or if We receive a complaint that any advertisement’s content infringes on the rights of a third party), then We may immediately terminate such Owner’s subscription(s) without notice to the Owner and without refund. We assume no duty to investigate complaints. Finally, if any Owner is abusive or offensive to any employee or representative of the Resort Rentals, We reserve the right to terminate such Owner’s subscription(s) immediately without refund. Finally, if any Owner is in breach of these Terms or its obligations to Us then We may terminate such Owner’s subscription(s) immediately without notice to the Owner and without refund.
Transfer of Advertisement: No advertisement may be transferred to another party. In the event of a property sale, Resort Rentals will provide guidance to both parties regarding options for creating a new advertisement.
LIMITATIONS ON COMMUNICATION
You agree that, with respect to other Users’ personal information that You obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, We have granted to You a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between You and the other User related to the purpose of the Website (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, You must give Users an opportunity to remove themselves from Your address book or database and a chance to review what information You have collected about them. In addition, under no circumstances, except as defined in this provision, may You disclose personal information about another User to any third party without both Our consent and the consent of the other User. You agree that other Users may use Your personal information to communicate with You in accordance with this provision. Further, You agree that You will protect other Users’ personal information with the same degree of care that You protect Your own confidential information (using at minimum a reasonable standard of care), and You assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, You are not licensed to add a Website User, even a User with whom You have prior dealings, to Your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content You provide to the Website or through any tool or service provided on the Website.