Terms and Conditions part 2
8. PROGRAM TERMS. EH will use commercially reasonable efforts to rent Owner’s reservation, consistent with EH’s policies and procedures, and subject to the terms of this Agreement. EH will utilize numerous marketing outlets to obtain the highest rental rate possible based on season, unit type and other competitive factors. Owner understands and agrees that all marketing efforts shall be directed towards the Program and nothing herein contained is intended to limit or restrict EH’s ability to rent other reservation participating in the Program. EH shall, in its discretion, rent any vacation reservation placed in the Program on any length of stay basis, whether daily, weekly or otherwise, subject to the maximum available term of said reservation. Owner understands and agrees that EH shall have no liability whatsoever hereunder for any reservation (or part thereof) not rented. EH reserves the right to accept or decline bookings and to establish rates and conditions for the Program, and Owner acknowledges and agrees that EH’s decisions regarding the Program shall be final and in EH’s sole and absolute discretion.
9. WEAR & TEAR. Owner understands and agrees that EH shall have no liability for any wear and tear on a unit, the furnishings and/or the Resort resulting from the Program, unless the same arises from the gross negligence or willful misconduct of EH, its employees or agents. The placed vacationers shall be solely responsible for any damage or loss to a unit, furnishings or the Resort, other than normal wear and tear, and EH represents and warrants that, on or before check-in, it shall collect a security deposit from each vacationer to attempt to safeguard from loss.
10. SALE OR TRANSFER. In the event Owner sells or transfers their ownership in their reservation, the sale shall be made subject to this Agreement and Owner shall immediately notify EH of said sale or transfer. The Owner agrees to disclose the existence of this Vacation Time Listing Agreement to any prospective purchaser. This Agreement shall be binding and inure to all assignees, transferees, successors and heirs of Owner for the term of this Agreement.
11. INDEMNIFICATION. Owner shall indemnify, defend and hold EH, its officers, employees and agents harmless from and against any losses or damages, claims, demands or liability (including attorneys costs and fees) which may arise or be incurred as a result of this Agreement or any failure, default or breach by Owner of its representations, warranties or obligations contained in this Agreement. EH may withhold all or a portion of Owner’s Net Proceeds, if any, to offset or partially offset any indemnification obligation of Owner.
12. CLEANING SURCHARGE FOR SPLIT WEEK AND PARTIAL WEEK RENTALS. In the event that EH is successful in placing Owner’s reservation with another vacationer on a daily or partial week basis, Owner will be responsible for any and all additional housekeeping expenses incurred as a result of readying the unit for the next occupant. Owner hereby authorizes any such expenses to be debited from its Net Proceeds due pursuant to paragraph 13.
13. PLACEMENT NET PROCEEDS. Provided that EH is able to place Owner’s week/points with another vacationer, Owner shall be entitled to receive sixty percent (60%) of the Net Proceeds received from the vacationer. For all purposes, Net Proceeds shall be defined as the total revenues collected for each rental (including any cancellation fees collected), less all applicable credit card and merchant bank fees and charges, and exclusive of the sales, lodging and/or other use taxes collected from the rental guest. EH shall receive forty percent (40%) of the Net Proceeds to compensate EH for the services provided hereunder this Agreement, including without limitation the cost of reservations, accounting, and marketing. EH is responsible for paying any applicable travel agent commissions. Any occupancy tax and/or service charges shall be the responsibility of the vacationer who has rented and traveled under the vacation reservation. EH will collect such occupancy taxes and/or service charges from such vacationers and shall remit the applicable state and local sales, tourist and other taxes and fees to the proper authorities on behalf of Owner.
14. PAYMENT OF NET RENTAL PROCEEDS. Owner’s Net Proceeds will be paid to Owner within forty-five (45) days following check-out of the placed vacationer. Owner is solely responsible for any and all income taxes that may be due as a result of Owner’s receipt of the Net Proceeds. EH does not render tax advice, and it is recommended that Owner consult an income tax professional to ensure compliance with any and all applicable tax laws. For U.S. residents only, EH will provide a form 1099, where applicable under EH’s policies.
15. CANCELLATION BY PLACED GUEST. In the event of a cancellation by a placed vacationer less than three (3) days before the occupancy date, EH may, in its discretion, retain any advanced payment paid by the vacationer and disburse to Owner as liquidated damages sixty percent (60%) of any such payment retained (excluding taxes and credit card charges, if applicable), provided however that Owner’s reservation are not re-rented by EH, space-banked, used by Owner, or otherwise occupied with permission of Owner. Owner shall receive no payment for any cancellation by a placed vacationer made three (3) or more days before the occupancy date, irrespective of whether or not EH retains all or a part of any advance payment or deposit.
16. LOSS OF RENTAL RIGHTS. Notwithstanding anything to the contrary stated herein, it is expressly understood that Owner must be current on all maintenance fees and assessments billed and due to the association for the Reservation Year in order to participate in the Program. In the event that EH receives notice of any delinquency or default in the payment of any money owed to the Resort or its association by Owner, EH reserves the right to remove from the Program all vacation reservations deposited by Owner and, subject to applicable law, Owner will not be entitled to any rental proceeds due hereunder. Further, Owner will not be entitled to any refund or reimbursement for any loss of rental rights hereunder.
17. PROPER AUTHORITY. Owner hereby warrants that Owner owns the vacation reservation described herein, or is properly authorized to enter into this Agreement and to perform the obligations under this Agreement on behalf of all persons in title of the vacation reservation and that Owner has full authority to place the reservation in the Program.
18. NO MEMBERSHIP. This Agreement is for the one-time rental of Owner’s reservation for the Reservation Year, it is not an exchange, and nothing hereunder shall purport to give Owner any rights of membership in or to Club Wyndham Plusor any other programs offered by either EH or its affiliates.
19. COMPLETE AGREEMENT. This Agreement constitutes the sole, full and complete agreement between the parties with respect to the subject matter contained herein, and it supersedes all discussions, statements or representations of any type or nature relating to the same. The paragraph headings are used for convenience only and shall not be considered in construing this Agreement. In the event that any provision of this Agreement shall be prohibited by or invalid under any applicable law, it shall be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalidated only to the extent of such prohibition or invalidity without the remainder thereof or any other provision of this Agreement being prohibited or invalidated. This Agreement may be signed in counterparts.
20. QUESTIONS AND REQUESTS FOR INFORMATION. All questions and requests for information that may arise in connection with this Agreement should be directed in writing to Extra Holidays® at the address listed on the front of this Vacation Time Listing Agreement, via email at
ownerrentals@extraholidays.com, via facsimile at (951) 344-8227, or Owner may contact EH by telephone at (800) 446-1860 Option # 2.