Services. In purchasing a Points Package, you are receiving the travel related services and benefits described below. The Services provided are solely for recreation and enjoyment. The Services are neither sold nor purchased as a financial investment. Privileges are extended to the purchaser designated herein and his or her immediate family. The package owner may take additional people on vacation provided that the total occupying the accommodations does not exceed any occupancy restrictions in the unit. A vacation week shall be from, generally, Saturday at 4:00 p.m. until the following Saturday at 10:00 a.m., unless otherwise specified. Points Values: Sunday –Wednesday 10,000 per night, Thursday - Saturday 12,000 per night. Reservations are pending availability

 

Subject Matter of Agreement. Traveler acknowledges and understands that the subject matter of this Agreement is consisting of a service only. The CLUB is providing a service of transferring Points at a wholesale rate in order for the Traveler to exchanges these Points for accommodations at vacation venues, as more particularly described herein, and does not involve the rental or purchase or right to use of any “real property.” Traveler also understands that the within Services are not a “time share” facility or timeshare club and that the CLUB is not an agent for any exchange company. That CLUB shall make an Agreement with one or more independent fulfillment companies to supply program benefits.

 

By reading the Terms and Conditions, you the Traveler acknowledges and understands:.

1. The current annual CLUB dues are $99

2. There are costs through RCI on certain activity and transactions, which are outlined below.

3. That no transportation or airfare is included in this package.

4. That reservation and space are on a space availability.

5. You will have the opportunity to travel during an available time and location within the program.

6. There are no agreements or understanding with the sales representative regarding this purchase that are not contained in the terms outlined below.

7. That your annual Club dues are due on the 1st of January annually and are due regardless of usage.

8. The financial obligation for this purchase represents no undue financial burden to yourself or family.

9. The Contract is a legally binding agreement between Traveler and CLUB.

10. The benefits, privileges, terms and conditions in the Agreement.

11. That this CLUB membership will be held in perpetuity as long as CLUB dues are current.

12. That this membership can be willed or transferred to family members.

13. The CLUB has first right of refusal on any open market resale of your membership.

14. Your purchase is covered by a Surety Bond that is filed with the State of Florida.

 

Points. Traveler/club member will be offered travel related services based on the amount of service purchased. Traveler/club member will then be able to exchange services purchased for various services offered by the CLUB, including, but not limited to, the service of an exchange company, i.e. RCI (Resort Condominium International) located at 9998 N. Michigan Road, Carmel, Indiana 46032. CLUB however reserves the right to change or alter exchange companies at its sole and absolute discretion. CLUB however reserves the right to offer services and amount of services as this system may or may not be modified or to change to another system, provided traveler/club member is offered at least one (1) week of services on an annual basis.

 

Cumulating points are based on the RCI Global Point Network System that has been solely and independently created by RCI. Services of RCI or other exchange company are a separately contracted with the traveler/club member and the traveler/club member should refer to that company for its benefits and requirements. Applicable fees may apply including, but not limited to, membership costs, transaction fees, domestic and international fees. For full list of costs, visit http://pgs.rci.com/landing/ptr/fees/indexUS.html

 

The Purchaser, for the vacation weeks to which they are entitled, may request accommodations reservations through the Points Provider. In order to make reservations, the Traveler must be current in the payment of any installments or other monetary consideration due to provider before the transaction is completed. Requests can be made online or via customer service, but a when booking an exchange online is $10, you save $10 USD off the call center fee. When booking an Extra VacationsSMGetaway, you save 10% off the Call Center fee. When booking a Last CallSM Vacation, you save $15USD off the Call Center fee. Reservations are subject to availability and CLUB makes no guarantees to space or date availability in any particular area. Once confirmed, all reservations are final and may not be cancelled for any reason by the Traveler. Should the Traveler, for any reason, be unable to utilize confirmed reservations, the Traveler shall notify Points Provider as soon as possible. Some resorts may require a security deposit. Guests must be 21 years of age or older for check-in.

 

Use and Occupancy of Unit. The vacation unit and vacation week shall not be used as a principal residence or for the operation of any business. Traveler shall abide by all rules and regulations established for the benefit of any vacation unit, including but not limited to, rules and regulations promulgated by the owners of any condominium, hotel, motel or the like.

 

Property Damages. Traveler acknowledges and agrees to abide by and be responsible for those utilizing any vacation unit during the use of the accommodations. Any damages done to the accommodations by the Traveler and Traveler’s family members, guests or invitees, normal wear and tear excepted, shall be repaired by CLUB and, in such event, Traveler(s) hereby appoints CLUB as agent to effectuate such repairs and charge Traveler(s) for repairs. Failure to pay said repair charge shall constitute a default under this Agreement. Traveler(s) and their guests agree to abide by all rules and regulations of the particular accommodation being utilized. Willful destruction and/or disturbing the peace by loud noise or disorderly conduct will be considered a breach of this Agreement.

 

Payment. As long as CLUB dues and monthly payments, if applicable, are current, Traveler may request offered services. The purchaser shall be entitled to request the use of 1 (one) vacation week of resort area accommodations commencing when Traveler pays the Cash Sales Price or deposit required under the Agreement. Purchaser shall make all payments required under this Agreement regardless of use. If Purchaser does not use all or a portion of the vacation weeks purchased, THL is under no obligation to provide any refund or rebate.

 

Travelers Charge. In addition to the initial Agreement charge, Traveler shall pay an annual fee in the amount of $99 for maintenance of the club plan. This amount shall be drafted from the Traveler’s assigned account in accordance with the pre-authorized draft agreement attached. Annual fee shall be charged the entire term of this Agreement. * Payment of this fee is due and payable on the first day of January. Past due on the 10th of January. *THIS CLUB MEMBERSHIP WILL BE HELD IN PERPETUITY AS LONG AS CLUB DUES ARE CURRENT. The annual fee may be adjusted upward or downward each year by no more than a 15%. If club membership is paid in full, the member may stop club services at any time without incurring on going annual fee obligations. Proper written notification is required prior to the next year’s dues notice. The Club will furnish a written form in this regard upon request. Failure to pay annual fee will result in loss of privileges and Services.

 

Monthly Installment. For the ease and consideration of our members, some members may opt to pay for their club membership in monthly installments. If any monthly installment under this Agreement is not paid when due or within ten (10) days thereof, Traveler shall incur a late charge in the amount of 5% or $25, (whichever is greater). Traveler may prepay the obligation under the Installment Option without penalty.

 

Event of Default. Traveler may be considered to be in default under this Agreement under the following circumstance:

  a) If Traveler fails to make any payment under this Agreement or under any other agreement within

      thirty (30) days from its due date;

  b) If Traveler fails to keep or abide by any agreement, covenant, or promise in this Agreement or

      otherwise;

  c) If Traveler makes any statement in this Agreement which is untrue;

  d) If Traveler becomes insolvent, or files a Petition for Relief under any Chapter of the Bankruptcy Code; or

  e) If a judgment is entered against Traveler, or any Co-Traveler of this Agreement in any court.

 

If there is an Event of Default under this Agreement, CLUB may:

  a) Require that Traveler pay to CLUB at once the entire unpaid principal balance of this Agreement, all

      accrued interest thereon, if any, and all other charges then owed under this Agreement, if any, with or

     without notice to or demand upon Traveler; or

  b) Terminate or suspend this Agreement and/or the Services and, retain all amounts paid prior to such

      termination as liquidated damages and not as a penalty, the damages resulting form Traveler’s breach

     being agreed as difficult to ascertain and such liquidated damages being agreed as reasonable.

 

Suspension or termination of this Agreement and/or the Services available to Traveler, lack of use, change of address, or any reason other than the sale or transfer as might be permitted by CLUB will not negate Traveler’s obligation to continue making payment hereunder or as otherwise may be required to any other agreements between Traveler and CLUB. CLUB shall maintain all remedies provided by law, in this Agreement and in any other agreement between CLUB and Traveler and without limiting the foregoing, Traveler agrees to pay on demand the amount of all reasonable expenses incurred by CLUB in an event to collect the indebtedness due hereunder including attorney fees and costs. Nothing in this paragraph shall be construed to require that any unaccrued interest, finance charge or time price differential shall be accelerated in an Event of Default.

 

Delay or Impossibility of Performance. If damage or destruction to any vacation venue, or other circumstances beyond the control of CLUB which prevent CLUB from confirming accommodations or from the commencement of use by the Traveler of accommodation previously confirmed, the CLUB, at its sole discretion shall have the following options:

  1) to provide vacation weeks in the same year, space permitting;

  2) to provide an additional vacation week(s) to the Traveler in a subsequent year or years prior to the

      termination date.

 

Should the non-commencement of use be occasioned by any act or omission of the Traveler or such non-commencement of use not resulting from a situation existing at the vacation venue (damage to hotel and the like as opposed to impossibility of transportation to the venue), CLUB is not obligated to provide alternative accommodations or refund. No liability hereunder on the part of CLUB should such prevention of use occur after Traveler has commenced occupancy of any accommodations.

 

No Waiver. Any Waiver or Forbearance by the CLUB to exercise any right hereunder between the parties shall not be construed as a waiver of the right to exercise the same or any other right at any time nor as a waiver of any right in any event of any subsequent breach.

 

Rights of Assignment. The parties acknowledge and agree that CLUB shall have the right to assign or delegate any or all of the right or duties imposed upon it by the terms of this Agreement to assign the entire Agreement to another or others, provided that no such transfer shall affect any right of the Purchaser. Purchaser shall not transfer, assign or otherwise dispose of the rights granted herein to any person without the prior written consent of CLUB except as transferred pursuant to testamentary position or in testate succession.

 

Misc. If any provision of this Agreement is unlawful or unenforceable, such provision shall be without force and effect without thereby affecting any other provision hereof. No provision of this Agreement is intended to require the payment of interest or finance charges in excess of the maximum permitted by law. If any court determines that interest or finance charge in excess of the maximum permitted by law is provided for in this Agreement, the provision of this paragraph will govern and Traveler will not be obligated to pay the amount of such interest or finance charge to the extent that it is in excess of the maximum interest or finance charge permitted by law. This Agreement is binding upon Traveler and Traveler’s heirs, administrators, executors and assigns.

 

Representation. The parties acknowledge that no representation have been made concerning rentals, rental pools, return, tax advantages, depreciation or investment potential or any other monetary or financial advantages or any nonfinancial matter to the Traveler by CLUB, its agents, employees, associates or assigns, whether verbal or written other than those items set forth in this Agreement.

 

Indemnification. Traveler agrees to indemnify and hold harmless CLUB from any loss or expense, including the incurrence by CLUB of reasonable counsel fees, as the result of a claim by any third party person arising out of any act or omission of the Purchaser, whether such claim is made against CLUB directly or indirectly.

 

Binding Modification. The terms and conditions of this Agreement and any other document executed in conjunction herewith are intended to bind the parties hereto and where applicable there heirs, representative, successors and assigns, and represent the entire Agreement between the parties. The parties further agree that this Agreement may not be amended or modified other than by a writing duly executed by Purchaser and CLUB. Purchaser acknowledges that this Agreement IS NOT SUBJECT TO ANY “RIGHT OF RESCISSION” and may not be cancelled, the Agreement being in full force and effect from the date of its execution, with the exception of the initial three (3) business Club days. It is understood by the parties that this Agreement contains the whole of the Agreement between the parties, and no representations, verbal or otherwise, have been made or relied upon and which are not contained in this Agreement or the instruments referred to herein.

 

Jurisdiction and Venue. The State of Florida, County of Osceola

 

Casualty. In the unforeseen event there is a casualty to accommodations or facilities designated for the benefit of members, Member understands that the reservations and availability of accommodations and facilities may be more competitive until casualty is repaired. Casualty may mean any casualty natural or un-natural, i.e. the September 11, 2001 disaster in New York City, New York, USA.

 

Disclaimer. In the event an administrative agency requires additional administrative registration other than the existing registration with the Florida Division of Consumer Services, Tallahassee, Florida Reg. # ST 34550, or modification of this agreement is required to be exempt from such administrative requirements, the members shall cooperate fully with any required request from the agency or CLUB as the modification may require. Further, no refund of initial payment for services or the on going cost of services will be applicable nor will any note given to a lender be abated.