RESORT DIRECTORY 2014 – 2015
327
IntervalWorld.com
maintain these standards, or failure to timely renovate or construct
vacation accommodations and/or amenities committed to the Exchange
Program, or its failure to remain in good standing with II (e.g., failure to
comply with contractual obligations, including the obligation to enroll
purchasers and remit fees, the failure to honor Confirmations, and/or the
failure to otherwise comply with II policies and procedures) may result
in suspension or termination of the Member Resort’s affiliation with II.
A Member Resort’s suspension or termination from the Exchange
Program may result in the loss of all or some of the membership
benefits, including the exchange privilege for the resort’s associated
Individual Members.
6. Representations concerning Individual Membership and the Exchange
Program are limited to materials supplied or otherwise approved by II in
writing.All other representations are not valid or binding on II.
7. Not all Member Resorts are included in the
Interval International
Resort Directory
. The failure to picture a Member Resort in the
Resort
Directory
, however, does not necessarily mean that such Member Resort
is not in good standing with II, or that its associated Individual Members
are not entitled to use the exchange privilege. Likewise, the inclusion of
a Member Resort in the
Resort Directory
does not necessarily mean that
such Member Resort is in good standing with II, or that an associated
Individual Member is entitled to use the exchange privilege. All
reasonable efforts are made to ensure that published resort information
is accurate. II, however, expressly disclaims liability in the event of
omission or error.
8. Members acknowledge that:
(a) Resort facilities, amenities, and services vary by country,
location, and resort, and room accommodations vary in size, decor, and
interior detail.
(b) The description and amenities symbols provided in the
Resort
Directory
for each Member Resort are representative of the features
generally available at such Member Resort. However, unit amenities
and views may vary from unit to unit within a Member Resort, and II
cannot guarantee specific selection of any such elements with respect
to the Host Accommodations, or that all amenities will be available
during any specific period of occupancy. Each Individual Member
should review the Confirmation for specific information about his or
her Host Accommodations.
(c) The exchange privilege should not be the primary reason for
purchasing a Vacation Interest, and the relative demand indicated in a
Travel Demand Index and assigned to any particular week should not be
relied upon in determining the value of that week.
(d)Neither II nor Preferred is liable for any damage to or loss or
theft of personal property left in the Home Resort accommodations;
nor is II or Preferred liable for any damage to or loss or theft of
personal property that occurs through Members’ use of Host Resort
accommodations. II or Preferred is not liable for any personal or bodily
injury that occurs either at the Home Resort or at a Host Resort.
(e) Neither II nor Preferred is liable or responsible for any claim or
loss incurred in connection with the purchase or ownership of a
Vacation Interest.
(f) Upon each use of the Exchange Program, and to the extent
allowed by applicable law, any and all claims against II and Preferred are
waived, and II and Preferred are released from all liability, if any, arising
out of participation that occurred prior to the use of same.
(g) II’s or Preferred’s liability, if any, in connection with Individual
Membership and participation in the Exchange Program is limited to the
annual membership and exchange fees paid to II by the Member.
(h) All rules and regulations of the Host Resort, as well as these
terms and conditions, must be adhered to. Violation of such rules or
these terms and conditions may result in loss of present and future
occupancy rights at the Host Resort and/or the cancellation of
membership without further obligation by II.
(i) If a Vacation Interest is owned by a corporation, partnership, or
trust, a corporate officer, partner, or trustee must be established as the
primary contact or administrator to manage the membership.
(j) Where multiple individuals are listed in a single membership
record as the owners of a Vacation Interest(s), one individual and such
individual’s contact information must be designated as the primary
contact where all Member materials, Confirmations, and communications
will be sent. Contact information may also be included for all other
owners. In order to be associated to a single membership record, each
contact’s information must reference the same country of residence. II
may continue to provide membership and exchange benefits for all
owners listed until II receives verifiable documentation of any change of
ownership of the Vacation Interest(s).
(k)
Membership in II may be used only for personal and
noncommercial purposes. Any other use of membership benefits may
result in the suspension or termination of a Member’s privileges, as well
as cancellation of any existing Confirmations and loss of fees associated
with all II memberships and Confirmations held by such Member.
(l) To the extent allowed by applicable law, telephone conversations
between Individual Members and II employees or representatives may be
recorded and/or monitored.
(m) If II should fail, or be delayed or impaired in the performance
of any obligation hereunder, including, but not limited to, providing
exchange accommodations, due to causes beyond the control of and
without the fault or negligence of II, then II shall be excused from
further performance. Such causes may include, but are not limited to,
acts of God or public enemy, fire, strikes, lockout or other labor unrest,
riot, explosion, civil disobedience, declared or undeclared war, revolution,
insurrection, boycotts, acts of piracy, acts of terrorism, acts of public
authorities, blockade, embargo, accident, epidemic or quarantine, labor
shortages based on pandemics or widespread illness within a given
servicing location, delays or defaults caused by public or common
carriers, and/or other circumstances materially impacting travel to a
particular geographic region or in general.
(n) II is prohibited from doing business with certain entities and
individuals residing in certain nationally sanctioned countries or
otherwise, set forth from time to time on any list maintained by the
U.S. Department of the Treasury’s Office of Foreign Assets Control
(collectively, “Blocked Parties”). If II receives an Individual Membership
Application from a purchaser defined as a Blocked Party, II will refuse
membership for such purchaser. If an Individual Member subsequently
becomes or is determined to be a Blocked Party, II will cancel the
membership without refund or other obligation.
(o) These Terms and Conditions do not apply to accommodations
that are issued to certain hotel properties associated with Preferred.
9. Members acknowledge and agree that, to the extent allowed by
applicable law, II may offer various products and services through
telemarketing programs, and Members consent to such telephonic
solicitation, including, but not limited to, solicitations through automatic
dialing equipment, predictive dialing equipment, and/or prerecorded
messages. If any telephone number provided by the Member as part of
the membership record is a cellular telephone number, the Member
expressly consents to II’s use of such cellular telephone number for all
purposes and methods as set forth herein.
10. Members acknowledge and agree that II may, to the extent allowed
by applicable law, offer various products and services through electronic
messaging, and Members consent to such electronic solicitation.
11. The terms and conditions of membership with II and use of the
Exchange Program shall be construed under the laws of the State of
Florida. By maintaining Individual Membership in II, Members consent
to the exclusive subject matter and personal jurisdiction of the courts in
Miami-Dade County, Florida. In the event of litigation between the
parties, the prevailing party shall be entitled to all costs incurred,
including reasonable attorneys’ fees.
12. These Terms and Conditions of Individual Membership and
Exchange, including any fees associated therewith, may be changed by II
at its sole discretion. Except where expressly noted otherwise, Members
will be advised of any such changes through II’s regular publications or
on II’s website at IntervalWorld.com.
REQUIREMENTS OF PARTICIPATION IN EXCHANGE
To utilize the exchange privilege, pursuant to these terms and
conditions, including Special Exchange Services, active membership
in good standing must be in effect from the time a deposit is made
and/or a request is placed through the actual requested and/or
confirmed travel dates and/or the commencement date of the week
deposited (whichever occurs later).
Further, the Home Resort must be
in good standing with II, and the Home Resort accommodations must be
available for occupancy as determined by II. A Member Resort will be
listed as unavailable for occupancy until such time as II determines that
such resort’s units, amenities, and facilities are sufficiently complete to
be desirable for exchange. In addition, the Home Resort unit must have
check-in/check-out management available on-site at the resort, must be
fully equipped and furnished in accordance with II standards, and must
have at least weekly maid service.
EXCHANGE METHODS
Generally, Members may choose either the “Request First” or the
“Deposit First” exchange method to utilize the exchange service.
However, both exchange methods may not be available if one or the
other is not compatible with the use rules of the Home Resort. In some
instances, the use rules of the Home Resort may shorten the time frames
within which the Home Resort accommodations may be deposited, and
within which an exchange request may be placed. Members should refer
to the Home Resort’s use rules for additional information.
