Background Image
Previous Page  412 / 420 Next Page
Information
Show Menu
Previous Page 412 / 420 Next Page
Page Background

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

or

Travel Planner

. The failure to picture a Member Resort in the

Resort Directory

or

Travel Planner

, 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

or

Travel Planner

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

or

Travel Planner

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.

Neither II nor Preferred is 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 membership

and/or exchange 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 last occupancy 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.

REQUEST FIRST EXCHANGE METHOD

1. With the Request First exchange method, Members who exchange

with II based on weeks do not give up the right to occupy the Home Resort

410

INTERVAL INTERNATIONAL

IntervalWorld.com