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
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