Terms and Conditions
Terms and Conditions of Hawaii Time Share Exchange (HTSE) Membership
1. INTRODUCTION
These Terms and Conditions of Hawaii Time Share Exchange Subscribing Membership set forth .then((result) => { legally binding contract between Hawaii Time Share Exchange, LLC ("HTSE" or "we") and each person who has the legal right to own, occupy or use accommodations( "Vacation Ownership") in a resort, vacation club or vacation plan which has affiliated to the HTSE Program( an "Affiliated Resort") and who applies or is accepted as a subscribing member in the HTSE Program or who uses the HTSE Program ("Members" or "you").
2. THE HTSE PROGRAM
HTSE will allow participation in its program of facilitating the exchange of Vacation Ownership ( the "HTSE Program") to all Members who comply with these Terms and Conditions. HTSE is only responsible for written representations that it makes concerning HTSE and the HTSE Program, and is not responsible for any representations made by any other person. Only HTSE, its authorized representative or its designated licensee can perform the obligations of HTSE under these Terms and Conditions.
3. APPLYING FOR MEMBERSHIP
A) To become a Member, an enrollment application and the applicable initiation membership fees must be submitted to HTSE by you or on your behalf and accepted by HTSE. HTSE reserves the right to refuse any application and the applicable fees.
B) Membership must be in the name of an individual(s) who owns Vacation Ownership, and so if a corporation, partnership, trust or other entity holds Vacation Ownership, an enrollment application must be completed on behalf of the owner in the individual name of an officer, partner or trustee, and HTSE shall be entitled to treat such individual as the Member for all purposes.
C) Up to two co-owners of Vacation Ownership who reside at the same address may apply for a single Membership. If more than two co-owners are listed as owning the Vacation Ownership or if co-owners do not reside at the same address, such co-owners, if they wish to become Members, must apply for separate memberships. HTSE may honor instructions from any person listed as a co-owner of Vacation Ownership on a membership and, in the event of conflicting instructions, HTSE may refuse to honor the later instruction received.
D) If you sell your Vacation Ownership, the purchaser of your Vacation Ownership may apply for membership by contacting HTSE
4. RELATIONSHIP BETWEEN HTSE AND THE AFFILIATED RESORT
A) The Affiliated Resort is a party to an agreement with HTSE enabling the Affiliated Resort to submit enrollment applications to HTSE on behalf of purchasers of Vacation Ownership at the Affiliated Resort. These Terms and Conditions are separate and distinct from HTSE's agreement with the Affiliated Resort.
B) HTSE and the Affiliated Resort, marketer or seller of Vacation Ownership are separate and distinct from the products entities, and HTSE service (The HTSE Program) is separate and distinct from the products and services that are sold by or on behalf of the Affiliated Resort, including but not limited to Vacation Ownership. HTSE does not own, develop, market or sell Vacation Ownership nor is it Engaged in a joint venture, partnership or agency relationship with the Affiliated Resort, developer, Marketer or seller of Vacation Ownership. Further these Terms and Conditions are separate and distinct from your agreement with the Affiliated Resort, developer, marketer or seller of Vacation Ownership.
C) If the Affiliated Resort fails to perform the obligations in its agreement with HTSE, or if that agreement ends for any reason, the resort may lose its Affiliated Resort status and HTSE may suspend or terminate the rights of existing Members who own Vacation Ownership only at such a resort and whose rights to participate in the HTSE Program are suspended may not be permitted to renew or reactivate their membership.
D) Your decision to purchase Vacation Ownership should be based upon the benefits to be gained from the ownership, use and enjoyment of your Vacation Ownership at the Affiliated Resort and not upon the anticipated benefits of the HTSE Program The Affiliated Resort at which you purchase your Vacation Ownership is solely responsible for its financial viability and the quality of its accommodations, facilities amenities, management and services.
E) Information about resorts provided by HTSE is based on information obtained from resorts, and HTSE makes reasonable efforts to ensure that resort information provided by HTSE is accurate and compete as of the date such resort information is published by HTSE. However, HTSE expressly disclaims liability for inaccurate, incomplete or misleading resort information.
5. DEPOSITING VACATION OWNERSHIP AND REQUESTING AN EXCHANGE
A) To participate in the HTSE Program, you must be a current Member with your membership fee paid through the later of: (1) the final date of Vacation Ownership to be deposited or (2) the final date of the exchange requested.
B) By depositing Vacation Ownership in the HTSE SPACEBANK, you represent and warrant to HTSE that: (1) you have or will have the legal right to use or assign the use of the deposited Vacation Ownership and all other resort amenities to which you have access; (2) the deposited Vacation Ownership has not been and will not be assigned, offered or made available to any third party; (3) the Physical accommodations in which you own Vacation Ownership are in good and usable condition; ( 4) all maintenance fee assessments, taxes and other similar charges applicable to that Vacation Ownership have been paid or will be paid when due.
C) By depositing Vacation Ownership in the HTSE SPACEBANK, you relinquish all rights to use that Vacation Ownership and agree that such deposited Vacation Ownership may be used by HTSE to conduct exchanges, inspection visits, promotions and for other at HTSE's discretion. HTSE reserves the right to charge and collect an additional fee for a Member who deposits their Vacation Ownership outside the published guidelines.
D) For each exchange requested by a Member, an exchange fee is required by HTSE to process and confirm the Exchange Request or be added to the waitlist.
E) Our ability to confirm an Exchange Request is dependent upon the availability of Vacation Ownership in the HTSE SPACEBANK. Therefore, we cannot guarantee specific qualified resort choices, dates of travel or types or sizes of accommodations.
F) Exchange Confirmations are valid only if issued by HTSE. On receipt, please check all the details in the confirmation and notify us immediately if anything is incorrect, as changes to any aspect of the confirmation may be treated as a cancellation.
6. USE OF EXCHANGE ACCOMMODATIONS
A) You acknowledge that accommodations at a resort into which you exchange may differ in unit size, design, furnishings, amenities and facilities from the accommodations of your Vacation Ownership.
B) The total number of people occupying the exchange accommodations must not exceed the Maximum Occupancy of the unit set forth in the Exchange Confirmation; otherwise the resort may refuse access or levy an additional charge.
C) You are responsible for payment of any applicable taxes, personal expenses, utility charges, security deposits and other fees or charges levied by a resort for the use of amenities and facilities there.
D) You and your guests must occupy and use any accommodation into which you or your guests have Exchanged in a responsible, careful and secure manner. You are responsible for any damage, theft or loss caused by you or your guests.
E) If the accommodation for which an exchange has been confirmed becomes unavailable due to natural disaster, act of God, civil unrest or any other reason beyond HTSE's control, you waive any and all claims against HTSE.
F) Any complaints about the accommodations or services provided at an exchange resort should be made at the earliest opportunity to a person in authority at the resort.
7. GUESTS
A) An Exchange Confirmation may not be used for any commercial purpose, including rental or sale. An Exchange Confirmation may be used by the Member who receives it from HTSE unless that Member gives the Exchange Confirmation to a friend or family member.
B) You are responsible for all acts and omissions of your guests and for any damages caused or Expenses incurred by your guests.
C) We reserve the right to revoke a confirmed exchange, terminate or suspend the membership of the relevant Member or deny access to any of the products or services offered in connection with a membership in the event a Member or his guests misuse an Exchange Confirmation or otherwise breach these Terms and Conditions.
8. CANCELLATION OF EXCHANGES
A) If within twenty-four (24) months following the start date if the deposited Vacation Ownership, you have not accepted one of the alternative resort choices and/or Travel Dates offered by HTSE, or if you have not requested an exchange through HTSE, then you will lose all credit for that deposit and will not be eligible to receive an exchange for that deposit.
B) We reserve the right (without refund or credit) to cancel a confirmed exchange, cancel an Exchange Request or otherwise deny the exchange privileges of a Member whose payment is rejected by the Member's bank or credit card company or who has not paid maintenance fee assessments or similar charges with respect to the Member's Vacation Ownership.
C) You may cancel an Exchange Confirmation by notifying HTSE by phone or email. You will lose all fees involved on the confirmed exchange. Your deposited week will return to your account with original expiration date.
(D) In most instances when cancellation occurs prior to the beginning date of a confirmed exchange, you may request another exchange without making an additional deposit. The then-current exchange fees and policies will apply.
9. GENERAL
A) Telephone conversations to and from HTSE representatives may be tape recorded and/or monitored for training and quality control purposes.
B) If you or your guests should incur loss or damage through use of the HTSE Program, HTSE'sapi_windows_cp_is_utf8 liability for such loss or damage will be limited to the exchange fee paid for the exchange in which such loss or damage occurred, and in no event will HTSE be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all affiliated companies, servants and agents of HTSE.
C) These Terms and Conditions and the HTSE Program, including, but not limited to, fees, benefits, Seasonal Designations, classification grouping, and other priorities and procedures for requesting and effecting exchanges, may be changed from time to time by HTSE.
D) If you fail to comply with these Terms and Conditions or fail to pay any sums owned to HTSE or an Affiliated Resort, your membership may be suspended or terminated by us without further obligation. In the event of a suspension based upon non-payment, your exchange privileges will remain suspended until all sums that are owned are paid. In the event of termination, a membership fee will be required to activate your membership.
E) These Terms and Conditions and the HTSE Program shall be governed exclusively by the laws of the State of Hawaii. Any action at law or in equity by a Member or guest, to see any remedy against HTSE or its associated entities must be submitted exclusively to the jurisdiction of the courts of the County of Kauai, Hawaii. In the event a Member or guest initiates an action at law or in equity and HTSE prevails, that Member or guest shall pay all costs incurred by HTSE in defending such action, including reasonable attorneys' fees.
