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Listing Creation Date
2/28/2017 1:32:48 PM
Hilton Grand Vacations Club At Waikoloa Beach Resort
Resort Info Page Link
Hilton Grand Vacations Club At Waikoloa Beach Resort
Resort's Official Site Link
69-550 Waikoloa Beach Drive
Waikoloa, Hawaii 96738 United States
Unit Size or Points
Number of Points For Sale
Points Refreshment Month
Floating Check-in Date
Fixed/Floating Week #
Fixed Day Check-in
Assigned by the resort
Assigned by the resort
Assigned by the resort
Assigned by the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Check with the resort
Renter Can Use Payment Plans
Usage Start (Year)
Banked Points or Weeks
Annual Maintenance Fee
Approx. Closing Costs
Approx. Transfer Fees
Closing Costs Paid By
Transfer Fees Paid By
RE/MAX Properties SW present Annual 7000 Platinum HGVC Points at the Kohala Suites by Hilton Grand Vacations Club (HGVClub at Waikoloa Beach Resort)! Refer to listing #040625. Members of RedWeekMLS, ARDA and LTRBA. We have many listings to choose from.
Terms And Conditions :
Welcome to ezresortvacations.com (“The Site”) and the online timeshare rental and resale community provided by EZ Resort Vacations, Inc. (“The Company”, “We”, “Us”) powered by ezresortvacations.com. We are not real estate or timeshare brokers. We provide a classified advertising service, a web site, and value-added tools that enable timeshare owners who wish to rent or sell their units to advertise their timeshares for rent or sale in order to find people who are interested in renting or buying a timeshare. These Terms and Conditions represent all understandings and agreements between The Site’s users and the Company for renting, buying, or selling timeshare units and all the services offered on The Site (collectively, the “Services”). By using The Site and/or Services, you accept these Terms and Conditions. The terms and conditions incorporate by reference all terms, definitions, conditions, rules, policies, guidelines, disclaimers, provisions, statements, schedules, and notices on the Site. These Terms and Conditions are effective as of August 10, 2017. Your continued use of The Site and/or Services after such time will signify your acceptance of the Terms and Conditions. We reserve the right to modify the provisions in these Terms and Conditions without prior notice to you, so users are advised to check back often for updates.
Buyer is a registered user on The Site who wishes to buy a listed timeshare unit from Owner.
Owner is a registered user on The Site who owns a timeshare unit he/she listed for rent or sale.
Rent Amount is defined as the rent charged by Owner as specified in the rental listing and corresponding rental transaction.
Rental Period starts and ends on check-in and check-out dates respectively as identified in the rental listing and corresponding rental transaction at reasonable time of the day as determined by the property management.
Rental Property is defined as a certain specific vacation ownership interest as identified in the rental listing and corresponding rental transaction.
Renter is a registered user on The Site who wishes to rent a listed timeshare unit from Owner.
Resale Property is defined as a certain specific vacation ownership interest as identified in the resale listing and corresponding resale transaction.
User is anyone who accesses and uses The Site.
GENERAL TERMS AND CONDITIONS
By registering on the Site, you agree to abide by all of our terms and conditions of service and confirm that you are at least 21 years old.
Your use of the Site signifies your acknowledgment and acceptance of all applicable provisions of these Terms and Conditions.
The Company uses a single Time Zone for all activities and transactions occurring on The Site. The time zone of choice is Eastern Standard Time. Therefore, all deadlines, expiration dates and times, and other time sensitive materials are expressed in Eastern Standard Time.
Users agree to safeguard their account information. Users further agree to monitor, supervise, and be completely responsible for any use of their account information by anyone other than themselves.
In order to maintain a safe and helpful community for our users, we may suspend or remove, without notice or refund, any user that we suspect of violating our terms, the rights of our users, or otherwise negatively impacting the service we provide. All decisions regarding inappropriate conduct and use of the site are made solely by The Company.
In the event The Company merges with, or is acquired by, another company, these terms of service will apply to your conduct with the new entity, who will assume the responsibilities associated with your account.
Each user agrees not to break the law or rules of other organizations which apply to transactions conducted by the user. EZ Resort Vacations, Inc. is a corporation in the State of New York, USA, and is governed by that state's laws. We reserve the right to cancel your membership at any time without notice or refund of any fees paid if we have evidence of fraudulent or other criminal activity.
If there are laws in your state, country, or location that apply to your usage of The Site or rental of a timeshare interest, you are responsible for knowing what they are and being in compliance. We take no responsibility for your compliance or the compliance of others that you may contact.
If there are rules that your home resort, homeowners association, applicable exchange company, or property manager requires for you to engage in a rental, you are responsible to know, and comply with, those rules. We are not responsible for your compliance or the compliance of others whom you may contact.
The Site’s users are responsible for paying fees for The Company’s services as stated in the Fee Schedule.
When communicating with other users or making entries in public forums users agree to be truthful at all times, and refrain from threatening or hurting anyone with abusive or harassing language. We reserve the right to determine whether your language is in violation of this rule and cancel your account, or otherwise limit your ability to post if we deem necessary.
We do not control, and therefore, are not responsible for the information provided by The Company's users. You may occasionally find such information to be offensive, harmful, inaccurate, or deceptive. Therefore, information in rental listings is provided without warranty or guarantee of any kind, whether express or implied, including without limitation warranty of title or infringement, or the implied warranty of merchantability or fitness for a particular purpose.
The Company is not responsible for inaccuracies or typos as with any publication, there may be some inaccuracies or typing errors on our Web site. Please notify us of any such inaccuracies and we will take necessary measures to correct them.
Information posted on The Site may contain hypertext links or pointers to information created and maintained by other third party entities. If Users click on these links, they will be leaving The Site. These links and pointers are provided for the user’s convenience. We do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information.
We have the right to edit user-posted data if we are made aware of a factual error. If an inaccuracy causes some sort of problem, we sincerely apologize for it but The Company is not responsible for consequential damages.
We cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
EZ Resort Vacations, Inc. is an independent company and is not associated with any resort, its management, or property manager.
All payments made on The Site are processed by reputable third party payment processors. EZ Resort Vacations, Inc. does not store any of its users’ financial information such as credit card information.
The Company makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that it will be uninterrupted or error-free. This site is provided "as is" without express or implied warranty of any kind, either expressed or implied, including the implied warranty of merchantability and fitness for a particular purpose. The Company shall not be liable for any damages suffered by the users of this site, or the software, programming, and other documentation found on this site. The Company further disclaims any liability whatsoever for any information, documentation, programs, software, or other materials which is or may become a part of this site and does not warrant or guarantee that the information will be accurate or complete.
The Company shall not be liable for any direct, indirect, incidental, compensatory, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to the information posted or transactions conducted on our web site or other sites accessed through our web site. By using our web site, user agree to indemnify, defend, and hold harmless The Company and its officers, directors, agents, subsidiaries, joint ventures, and employees from any and all damages arising as a consequence of such use including but not limited to any rental transaction initiating or occurring from the use of our web site.
If any legal disputes arising in connection with the performance of this Agreement cannot be settled by good faith negotiation between The Site’s Users, Renters, Owners, and The Company, the said dispute shall be submitted to the courts of the State of New York and resolved in accordance with the laws of the State of New York. The Site’s Users, Renters, Owners, and The Company agree to arbitration on an individual basis. Where enforceable, neither The Site’s Users, Renters, Owners nor The Company shall be entitled to join or consolidate claims by or against other parties and/or partners, or arbitrate any claim as a class representative, class member, or in a private attorney general capacity. The parties hereby waive trial by jury in any action, proceeding, or counterclaim brought by either of them against the other on any matters arising out of or in any way connected with this Agreement. In the event that either party brings any action under this Agreement, the prevailing party shall be entitled to recover the costs it incurred in connection with such action, including reasonable attorneys' fees.
The content of The Site is owned or controlled by EZ Resort Vacations, Inc. and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes, but no further reproduction or modification of the content is permitted. The trademarks, service marks, trade names, and copyrights shown in The Site are also protected in the United States and internationally. No use of these trademarks, service marks, trade names and copyrights may be used to falsely indicate or imply a connection or association with, or sponsorship by The Company without the prior written authorization of The Company. The trademarks, services marks, trade names, copyrights, products, technology or processes described in The Site may also be the subject of other intellectual property rights reserved by The Company or other third parties. No license is granted with respect to those intellectual property rights.
The Site's Users agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
The Site's Users agree not to violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.
By submitting content to The Site including but not limited to the images, textual descriptions, reviews, questions, comments, suggestions, ideas, etc., Users grant The Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display them worldwide in any form of media now known or hereafter devised. Users further grant The Company the right to pursue at law any person or entity that violates rights of Users or The Company with regard to the content submitted to The Site by a breach of these Terms and Conditions. Users agree and acknowledge that all content submitted to The Site is non-confidential and non-proprietary.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS, RENTERS, AND BUYERS CONNECTING AND TRANSACTING DIRECTLY WITH EACH OTHER. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY TRANSACTIONS WILL BE MADE AT THE RENTER’S AND/OR BUYER’S OWN RISK.
We have business partners that utilize The Site for their rental and/or resale needs. Offers and rental transactions for listings created by our business partners or their users are governed by terms and conditions of service provided by The Company for that partner, which could be different from The Company’s terms and conditions applicable to the general public. In such case, offers and rental transactions for such listings will display specific terms and conditions that govern those listings.
If any provision of these terms and conditions is found unenforceable, the unenforceable provision shall be severed, and the remaining terms shall be enforced.
These terms and conditions are subject to change without further notice and it is your responsibility to stay up-to-date.
LIMITATION OF LIABILITY NOTICE
THE COMPANY AND USERS OF THE SITE, RENTERS, AND OWNERS AGREE THAT EACH SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE SERVICES PERFORMED HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF THE FEES PAID OR PAYABLE BY USERS, RENTERS, OR OWNERS TO THE COMPANY UNDER THIS AGREEMENT FOR SERVICES RENDERED. IN NO EVENT SHALL THE COMPANY OR THE SITE’S USERS, RENTERS, AND OWNERS BE LIABLE FOR COVER DAMAGES, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES, EXPENSES, BUSINESS INTERRUPTION OR DOWNTIME, OR LOSSES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, INCOME, PROFIT, SAVINGS OR BUSINESS OPPORTUNITY, LOSS, INACCURACY, OR CORRPUTION OF DATA, AND OPPORTUNITY COSTS. THE COMPANY’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT YOU PAID TO THE COMPANY UNDER THIS AGREEMENT FOR SUCH SERVICES THAT CAUSED THE LIABILITY IN THE PREVIOUS TWO (2) MONTHS PRIOR TO SUCH CLAIM FOR LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE OR OTHERWISE ALTER THESE LIMITATIONS ON THE COMPANY’S LIABILITY. THIS LIMIT OF LIABILITY IS NOT APPLICABLE TO ANY CLAIM ARISING FROM A VIOLATION OF LAW. THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT.
BY USING THE SITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM THE COMPANY WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
LISTINGS TERMS AND CONDITIONS
When posting rental listings, owners must be legally able to rent the property specified in the rental listing on The Site. The owner certifies that the owner owns rights to rent the property for the rental period specified in the listing and that it does not represent an exchange or some other accommodation transaction via timeshare exchange companies such as RCI and Interval International or alike that forbid any use of the property for non-personal or rental purposes. The property shall be described fully and accurately, including but not limited to any additional fees, taxes, surcharges, and alike to be paid to the resort or property manager. Renters should not be required to attend any sales presentations. When posting resale listings, owners must be legally able to sell the property specified in the resale listing on The Site. The owner certifies that the owner owns rights to sell the property specified in the listing. The property shall be described fully and accurately, including but not limited to any maintenance fees, assessments, transfer fees and alike to be paid to the resort or property manager.
Your listing may only include text descriptions, graphics, pictures, and other content relevant to the rental or resale of the property depending on the listing category. By submitting your content, you agree to use the content that you have created yourself (ex, personal photos, textual descriptions, etc.), own, or have obtained necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights to the content used in the listing. We reserve the right to remove any information, including photos and advertisements, that violates another company’s copyright license, is for other services that do not belong to the rental listing, or to otherwise limit a user’s ability to post. Use of photos, images, logos, or descriptions copied from other websites or other companies’ sales material in your listing violates the copyright law and constitutes a copyright infringement.
Listings for resorts/properties not listed on The Site require manual verification of the resort/property information by The Company. These listings will be active upon such verification within 2 business days from the listing creation date.
Owner of a rental listing covenants and agrees that (a) all maintenance fees and other Owner assessments are current with respect to the Rental Property, and (b) Owner is in good standing with the resort’s management/property manager at a date not less than sixty (60) days prior to the Rental Period.
This Site supports creation of rental listings with a fixed check-in date or a floating check-in date. For rental listings with a fixed check-in date, the Owner needs to have a reservation with the resort or a property manager for a specific check-in date. For rental listings with floating check-in dates, the Owner does not need to have a reservation for a specific check-in date. These rental listings can be reserved at the renter’s request during the check-in date range as specified by the listing’s owner. Rental listings with floating check-in dates cannot accept electronic offers on The Site and cannot use the online rental process on the Site. Potential renters may contact Owners of listings with floating check-in dates using The Site and complete their rental transaction outside of The Site. Additionally, The Site’s instant price negotiation feature cannot be used for rental listings with floating check-in dates.
As a general rule, rental listings can be created with the check-in date occurring on or after the listing’s creation date.
Listing fees are due at the time of the listing’s creation and are payable in U.S. currency via credit card using The Site. Listings with unpaid listing fees do not become active, and, therefore, are not available for searching and renting.
Each rental listing can only represent one unit and one rental period. Rental period can be either a) one specific check-in date for listings with a fixed check-in date, or, b) a range of check-in dates for listings with floating check-in dates. Owners who own multiple periods and/or units at the same resort/property, must create separate rental listings for each unit and rental period combination. Most fields of an active rental listing may be modified except for Resort/Property Name, Listing Category, Check-in Type, Check-in Date, Check-out Date, Unit Size, Number of Points (if applicable), Number of Nights, Featured Listing Indicator, and Listing Expiration Date. Changing any of these fields requires creation of a new rental listing with new values. Each resale listing can only represent one unit, week, set of points, contract, or deed. Owners who own multiple units/weeks/set of points/contracts/deeds at the same resort/property, must create separate rental listings for each units/weeks/set of points/contracts/deeds. Most fields of an active resale listing may be modified except for Resort/Property Name, Listing Category, Unit Size, Number of points (if applicable), Featured Listing Indicator, and Listing Expiration Date. Changing any of these fields requires creation of a new resale listing with new values.
Listings may not contain personal contact information of the Owner that will allow the Renters or Buyers to contact the Owner directly bypassing The Site.
Featured listings are displayed in the designated featured listings section on The Site’s home page. All featured listings are displayed in a round-robin rotation. Additionally, featured listings are displayed at the top of the search results on The Site.
Rental listings with fixed check-in dates expire on the check-in date or 365 days after the listing’s creation date, whichever is earlier. Rental listings with floating check-in dates expire on the latest check-out date or 365 days after the listing’s creation date. Resale listings expire 365 days after the listing’s creation date. Owners may specify expiration dates earlier than the ones mentioned above at their own discretion.
Rental cancellation policy is specified by Owner at the time of the listing creation. Owner may modify the cancellation policy as long as there are no pending offers or rental transactions associated with the listing. The rental cancellation policy is enforced by the Company only for rental transactions that utilize the Company’s payment collection and processing services; owners and renters are responsible for enforcing cancellation policy for all other rental transections.
RENTAL OFFERS TERMS AND CONDITIONS
Users who wish to rent the property specified in the listing may submit lower priced offers to the Owner. The owner has until 11:59PM ET on the third (3rd) full calendar day from the offer submission date to either accept or reject the offer. Any offers that have not been accepted or rejected by this deadline will be automatically expired.
The Site provides instant price negotiation capabilities as per the Owner’s instructions at the time of the rental listing’s creation. If instructed to do so by the Owner, The Site may instantly accept a rental offer or generate a counteroffer. While Owners can specify the minimum acceptable price, they do not have any control over the Company’s proprietary algorithm used to instantly accept offers or generate the counteroffers. In case of counteroffers, potential renters may either accept the counteroffer or reject it and submit the original offer to the Owner. Instant acceptance of the offer or acceptance of the counteroffer initiates creation of a new rental transaction.
RENTAL TRANSACTION TERMS AND CONDITIONS
Owner desires to rent to Renter and Renter desires to rent from Owner the Rental Property on the terms and conditions as outlined below.
Owners must be legally able to rent the property. The owner certifies that the owner owns rights to rent the property for the rental period specified in the rental transaction and that it does not represent an exchange or some other accommodation transaction via timeshare exchange companies such as RCI and Interval International or alike that forbid any use of the property for non-personal or rental purposes. The property shall be described fully and accurately, including but not limited to any additional fees, taxes, surcharges, and alike to be paid to the resort or property manager. Renters should not be required to attend any sales presentations.
All guests must be 21 years of age, or accompanied by a parent or guardian. The primary person listed on the confirmation must be 21 years of age.
Only guests listed on the confirmation and the members of their party may occupy rentals made through this site. Rentals advertised on this site cannot be transferred or sold to a third party.
The term of this rental transaction is solely for the Rental Period. Renter understands and agrees that he/she will be solely responsible for any fees charged for any stay outside of the Rental Period. Any fees charged for failure to vacate the Rental Property in a timely manner will be the sole responsibility of Renter.
The Rent Amount may be reduced by any discounts given by Owner to Renter. Such discounts can only be applied at the time of the Renter’s acceptance and signing of the rental agreement.
Owner covenants and agrees that (a) all maintenance fees and other Owner assessments are current with respect to the Rental Property, and (b) Owner is in good standing with the resort’s management/property manager at a date not less than sixty (60) days prior to the Rental Period.
The Company does not control rental transactions or is involved in between Owner and Renter unless Renter and Owner are utilizing our optional Rental Protection Service in accordance with the Rental Protection Service Terms and Conditions. If Rental Protection Service is not used for a transaction, the owner and the renter contact each other using either The Site or by other means and complete the transaction on their own, including arranging payment, signing rental agreements, reservation transfer and confirmation, etc. While it is encouraged to utilize The Site to complete such rental transactions, the owner and/or the renter may elect not to do so.
Owners and Renters are able to communicate directly with each other and complete the transaction on their own. In such cases The Company does not represent, or act, for either owner or renter, nor do we act as an intermediary between the prospective parties in a transaction. As a result, we have no control over the quality, safety, or legality of the properties posted, the truth or accuracy of the postings, the ability of owners to rent the interval or unit, or the ability of renters to complete the rental transaction.
We have no control over and do not guarantee the quality, safety or legality of advertised rental units, the truth or accuracy of users’ content or listings, the ability of owners to rent timeshare units, the ability of renters to pay for rentals, or that a renter or owner will actually complete a rental transaction. The Company is not legally responsible for any problems that arise between the two parties. We encourage you to take precautions to ensure your transactions are safe. We advise you to verify that the owner has the right to assign you the right to use the unit. Parties are encouraged to utilize optional Rental Protection Service for their own protection.
We do not transfer legal ownership of rentals from the Owner to the Renter.
Cancellations of rental transactions are governed by the cancellation policy specified by Owner at the time of the corresponding listing’s creation. The rental cancellation policy is enforced by the Company only for rental transactions that utilize the Company’s payment collection and processing services; owners and renters are responsible for enforcing cancellation policy for all other rental transactions. Refunds/credits for rental transactions that utilize our payment collection and processing services, if any, will be issued according to the listing’s cancellation policy as well. No refunds/credits will be issued for non-cancellable rental transactions or rental transactions that do not use our payment collection and processing services. We highly recommend that you buy travel insurance from a third party travel insurance provider. Please check with a particular insurance company for the coverage details and terms.
Neither party will be in default or otherwise liable to any delay in schedule or failure to perform under this agreement (other than payment of amounts owed) if such delay or failure arises by any reason beyond its reasonable control, including any act of God, or any acts of the common enemy, the elements, earthquakes, flood, fire, epidemic, riot, failures or delays in transportation or communications, or any act or failure to act by the other party, its employees, agents or contractors. The parties promptly inform and consult with each other as to any of the above causes than in their judgment may or could be the cause of a substantial delay in the performance of this Agreement.
OTHER THAN THE WARRANTIES EXPRESSLY STATED HEREIN OR IN THE TERMS AND CONDITIONS OF SERVICE, USERS OF THE SITE, RENTERS, AND OWNERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
IN NO EVENT SHALL EITHER OWNER, RENTER, OR THE COMPANY BE LIABLE TO ANY PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THE RENTAL TRANSACTION, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL EITHER RENTER, OWNER, OR THE COMPANY BE LIABLE TO THE OTHER FOR ANY ACTION OR CLAIM RELATED TO THE RENTAL TRANSACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, IN AN AMOUNT IN EXCESS OF THE AMOUNT PAID THROUGH THE SITE DURING THE TWO (2) MONTHS PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
This Agreement may not be assigned by either Party without the other Party’s prior written consent.
RENTAL PROPERTY USE TERMS AND CONDITIONS
Renter acknowledges and warrants that he/she and all their guests will use the Rental Property in accordance with the rules and regulations of the resort/property in which it is located.
This agreement is being entered into for the purpose of personal use by the renter and their family. Under no circumstance may this timeshare unit be sublet, occupied or given to another party without express written consent of the owner.
Renter may use the Rental Property during the Rental Period without interference and subject to the terms of this Agreement. Owner is not responsible for any inconvenience or interruption of services due to repairs, improvements or for any other reason beyond Owner's immediate control or reasonable knowledge.
Renter shall be solely responsible for any and all costs for services and activities for which additional fees are charged by the resort/property manager in which the Rental Property is located. During the Rental Period, Renter will be solely responsible for the charges for all telephone calls made from the Rental Property phone system, any housekeeping services for which there is an additional charge, and any other extra charges imposed by the resort/property manager for services or for the use of its facilities.
The renter agrees to not exceed the maximum occupancy for the unit. Failure to comply may result in eviction by the resort/property manager. Should this occur, there will be no refund of any rent paid by the renter.
The renter should pay particular attention to check-out time as resorts/property managers may assess a fee for late check-outs.
Pets may not be allowed unless permitted by the resort/property manager. Renter agrees that he/she is solely responsible for investigating whether or not pets may be brought to or housed at the Rental Property. Failure of the Rental Property to allow pets is not a bona fide reason for dispute by Renter under this Agreement. Failure to comply with this term of use will result in forfeiture of any rent and fees paid in case of the resort/property manager denying the renter to occupy the unit. Should the renter be allowed to occupy the unit, the renter is responsible for any damages incurred including but not limited to carpet cleaning, de-fleaing, and hypo-allergenic treatments.
As part of most timeshare resort vacations or vacation rentals, an inventory of all unit amenities is suggested. The renter agrees to comply with this inventory procedure and upon check-in assure that all items are accounted for. Discrepancies are to be reported to the resort’s management/property manager in accordance with their procedures.
Most resorts/property managers will require a credit card imprint upon check-in for the purpose of incidental expenses (i.e., local phone, resort services, room service, etc). Renter will be expected to provide their own credit card upon arrival for this purpose.
The renter must leave the unit in the condition as specified by the resort/property manager. While specific requirements vary by resorts/property managers, renters are expected to leave the unit clean and free of trash and leftover food. The expected list of actions includes but is not limited to the following: a) empty and clean refrigerator; b) empty all trash cans; c) rinse all dishes, put them in the dishwasher and start the dishwasher; d) strip all beds (resorts/property managers have specific directions on what do to with the dirty laundry including towels); e) follow the instructions or materials provided to you by the resort/property manager; f) turn off all lights and electrical appliances; g) close and lock all doors; h) return keys and other belongings of the resort/rental property to the front office/desk unless otherwise instructed by the resort/property manager.
Renter agrees to maintain the Rental Property in the same condition as it is at the commencement of the Rental Period except for ordinary wear and tear. Renter will pay for all repairs, replacements and damages caused by the acts or neglect of Renter or Renter’s household members or guests. If requested by the Property Management, Renter will sign a credit card charge slip to secure payment for any such repairs, replacements or damages. If a security deposit was collected from Renter, the Property Management has the right to use it either partially or fully to cover the cost of repairs for such damages.
RESALE OFFERS TERMS AND CONDITIONS
Users who wish to purchase the property specified in the listing may submit lower priced offers to the Owner. The owner has until 11:59PM ET on the third (3rd) full calendar day from the offer submission date to either accept or reject the offer. Any offers that have not been accepted or rejected by this deadline will be automatically expired.
The Site provides instant price negotiation capabilities as per the Owner’s instructions at the time of the resale listing’s creation. If instructed to do so by the Owner, The Site may instantly accept a resale offer or generate a counteroffer. While Owners can specify the minimum acceptable price, they do not have any control over the Company’s proprietary algorithm used to instantly accept offers or generate the counteroffers. In case of counteroffers, potential buyers may either accept the counteroffer or reject it and submit the original offer to the Owner.
For all accepted offers, Owner and Buyer need to contact each other and complete the resale transaction on their own. The Site does not support completion of Resale transactions. We highly recommend using a reputable closing company for all resale transactions.
PAYMENT POLICY, TERMS, AND CONDITIONS
Credit Card Payments
By providing credit card information, a user certifies that he/she is the authorized holder for the provided credit card account and authorizes The Company to charge such credit card for the total amount due for this particular transaction. The user agrees not to ask the credit card company or the credit card processor such as Paypal or alike to charge back any amount to The Company for any reason. If the user does so, he/she hereby agrees to repay The Company for such amounts, plus the chargeback fee as defined in the Fee Schedule in addition to reasonable attorney fees and costs of collection. All credit card payments must be made in U.S. currency.
Electronic Check Payments
A user submitting a payment via an electronic check draft authorizes EZ Resort Vacations, Inc. to initiate a transfer of funds from the provided checking account. The user also authorizes their depository financial institution to honor this transfer of funds. This authorization is valid only for this particular transaction. The authorized payment amount is equal to the total amount due for this transaction. The user further certifies that he/she is the authorized account holder for the provided checking account. The user understands that he/she will receive a copy of the check draft in the statement provided by their depository financial institution when the item has cleared. The user further understands that this is a legal binding agreement between the user and EZ Resort Vacations, Inc. and that all returned checks are subject to a non-sufficient fee (NSF) as defined in the Fee Schedule. The user also agrees not to ask their depository financial institution to charge back any amount to EZ Resort Vacations, Inc. for any reason. If the user does so, he/she hereby agrees to repay EZ Resort Vacations, Inc. for such amounts, plus the chargeback fee as defined in the Fee Schedule in addition to reasonable attorney fees and costs of collection. All credit card payments must be made in U.S. currency.
Use of Credit Balance
Credit balance in your user account will be applied against future charges that will made on your account. Available credit balance will be applied towards your account’s outstanding balance before charging and recording a payment for any remaining balance. Similarly, refunds for transactions that were partially or entirely paid by a credit balance will be applied towards the credit balance first, before processing a refund payment.
Credit card chargeback fee: 50.00 USD
Insufficient funds fee: 50.00 USD
Rental featured listing fee: 15.00 USD
Rental listing fee: 29.00 USD
Resale featured listing fee: 15.00 USD
Resale listing fee: 39.00 USD
REFUND AND CANCELLATION POLICY
Each rental transaction is governed by the cancellation policy specified by Owner in the corresponding rental listing. The cancellation policy will be enforced by the Company only for rental transactions that were paid via the Site. Disbursements of the collected rent, if any, will be calculated and/or additional fees will be assessed in accordance to that cancellation policy. Disbursements of the collected rent amount including refundable and non-refundable rent amounts are computed based on the rent actually paid by Renter and collected by the Company. Administrative cancellation fees are computed based on the entire rent amount, regardless if it was paid or not. In no event total rent disbursement amount may exceed the rent amount paid by Renter and collected by the Company. Funds disbursement to Owner is reduced by the amount of Payment Processing Fee that is calculated based on the entire rent amount regardless of discounts or payments made. Owner and Renter are responsible to enforce the cancellation policy on their own for rental transactions that were paid directly between Owner and Renter or through other third party payment services. We highly recommend that you purchase travel insurance from a third party travel insurance provider. Please check with a particular insurance company for the coverage details and terms.
All resale transactions are to be completed by Owner and Buyer outside of the Site. Therefore, it is up to Owner and Renter to negotiate, enforce, and process cancellations and refunds.
Users who have an account on the site are providing their personal information such as name, address, contact information, data of birth, etc. This information is needed for creation of rental or resale listing or completion of a rental transaction. Any personal information submitted through our web site is used solely for the purpose of serving your needs and communicating news and announcements. We do not sell, trade, rent, give or distribute information about you to any third party entity except for parties involved in rental/resale transactions, or our partners and affiliates that provide products and services to you. We may also disclose your personal information to third parties in the following circumstances: a) where we sell any or all of our business and/or our assets to a third party, whether through bankruptcy proceedings or other sale or merger; b) where we are legally required to disclose your information; c) when we are contractually obligated to disclose your information.
We do not store any financial information you provide while conducting business on our site. This information is handled by third party payment processors.
A cookie is a small text file that is stored on your device. Our cookies are temporary and are used to improve the user experience. These cookies do not include any personally identifiable information. Cookies on our site are not used to invade the privacy of Internet users. We do not track our users across websites or across time.
Our site provides links to other pages on the Internet. Please be aware that we are not responsible for the privacy practices or the content of such websites. When you leave our site, we encourage you to read the privacy statements of each website that collects personally identifiable information.
We may also contract with vendors to provide various services to our customers. These third-party companies are not under the control of EZ Resort Vacations, Inc, and we are not responsible for their websites’ independent practices, policies or actions. These companies have separate privacy and data collection practices, independent of EZ Resort Vacations, Inc. If you provide any personal information while visiting these websites, you are solely responsible, and do so at your own risk.
Under no circumstances shall children or anyone under the age of 21 submit personal information to our site. We are not liable for any damages that may result from a user’s misrepresentation of age.
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Copyright © 2011-2018 EZ Resort Vacations, Inc.
A Timeshare Rental & Resale Site.
Terms & Conditions