ARTICLE 4.- PERIODS FOR USE OF THE UNITS.
4.1 The Member may use his Vacation Period in any week, taking into consideration whether his use is annual or biennial, provided it is available during the period he wishes to use it and it is within the same Season contracted, or another of lower classification than his Season, pursuant to these Regulations and in accordance with the following table:
PLATINUM season: Any of the 52 weeks, including CHRISTMAS, NEW YEARS, HOLY WEEK, and EASTER WEEK.
GOLD season: Any week EXCEPT that of Christmas, New Years, Holy Week and Easter Week. Said restriction operates only for occupancy in Cancún, since through the International Exchange System, he may use his Vacation Period in the excepted Season.
4.2 Promotora shall verify that availability of space exists to be able to provide the lodging services in the Vacation Period requested by the Member, which commence on SATURDAYS at 15:00 hours and end at 11:00 hours on the following SATURDAY.
ARTICLE 5.- CONDITIONS FOR USE OF VACATION UNITS AND COMMON AREAS.
5.1 The Member, his family, guests or visitors shall use the Vacation Unit, the Common Areas, and the other services of the Hotel under their own risk and absolute responsibility, and therefore, the Hotel and its Operator are exempt from any liability for damage or loss that they may experience by reason of any accident or other contingencies that may there arise, provided they are not imputable to the Hotel or its Operator. For these purposes, the Hotel is bound to maintain in force the insurance to cover the damages to which Official Mexican Standard NOM-029-SCFI-1993 Commercial Information-Elements refers, governing time share service (hereafter, the NOM).
5.2 The Member, his family, guests or visitors shall use the Vacation Unit, the Common Areas and the other services of the Hotel, in accordance with their ordinary nature and use, respecting the fundamental standards of health and safety, and in strict compliance with the Regulations.
5.3 The Member, his family, guests or visitors may not modify, alter, vary or replace the property and installations of the Common Areas, of the Vacation Unit, or of its furnishings.
5.4 The Member, his family, guests or visitors may not engage in acts that disturb the tranquillity of the other Members, or use the property, installations and services outside the hours established by Promotora.
5.5 The Member is liable for proven damages that his family, guests or visitors may cause to the Vacation Unit, its furnishings, equipment, utensils, or to the installations, common areas and services, although they be originated by negligence or lack of care, and must replace that missing from the inventory of the Vacation Unit, if any, in accordance with the initial list provided at the time of occupancy or for any modification to the real property.
5.6 Members must respect the occupancy established for each of the Vacation Units, in accordance with the following table:
STUDIO UNIT : 2 PERSONS, MAXIMUM 4
ONE BEDROOM UNIT : 4 PERSONS, MAXIMUM 6
TWO BEDROOM UNIT : 6 PERSONS, MAXIMUM 8
PRESIDENTIAL SUITE UNIT : 6 PERSONS, MAXIMUM 8
MASTER SUITE UNIT : 6 PERSONS, MAXIMUM 8
ARTICLE 6.- RESERVATION SYSTEM.
6.1 The Member must make the reservation for the desired week through the Reservations Department, either personally, by telephone, telefax, telegraph, certified mail, or any other effective means and it shall be confirmed for Promotora, by any of the aforesaid means up to thirty days before the start date of the period requested, sending the corresponding Occupancy Letter on prior payment of the maintenance and All Inclusive Service fees in force, which the Member must present when he registers at the Hotel; otherwise, the requested reservation shall be deemed not confirmed and no charge will be made to the consumer.
6.2 The Member must make his reservation at least 60 calendar days and no more than one year before the date of the first day of the desired Vacation Period, since all reservations are subject to availability.
6.3 The reservation must be done for the Season that pertains to the Member or for one of lower classification than his Season.
6.4 To enable processing of a reservation, the Member must be current in the payments agreed in the Contract, in addition to paying the maintenance and All Inclusive Service fees in force.
6.5 Unused periods or days may not be accumulated for subsequent years or periods.
6.6 For the case that, due to reasons imputable to Promotora, the Member is unable to use the services agreed in the contract, after the reservation has been confirmed, he shall immediately be lodged, for the account of Promotora in some establishment in this city with the same quality and classification, and if not, [Promotora] must reimburse the provable expenses that the Member has incurred for travel from his place of origin to the development and return, with in a period no longer than 5 calendar days counted from and after the date on which the service should have been rendered, replacing the Vacation Period for him on the date that both parties agree; otherwise, the provisions of the corresponding contract shall control.
6.7 Those cases where the Member cannot use the reserved service for reasons of Act of God or force majeure are exceptions to the provisions of the preceding provision.
ARTICLE 7. MAINTENANCE FEES.
7.1 The maintenance fees shall be individual and shall have the character of ordinary and extraordinary.
7.2 Ordinary maintenance fees originate in the payment that the Member will make to have the right to use and enjoyment of the Vacation Period acquired in the contracted Season, and apply to service and maintenance of the Vacation Units, services for the establishment, installations, and Common Areas, as well as to pay the expenses generated for the professional fees of Promotora, the insurance and bond premiums that must be contracted, taxes, duties, and other contributions caused or that may be caused by the development or its operation, as well as the creation of the reserve fund pursuant to the Law which establishes the rules to which Contracts entered into for the time share regimen in the State of Quintana Roo are subject.
7.3 The ordinary maintenance fee shall be annual, and must be paid by the Member whether or not he uses his Vacation Period.
7.4 Promotora may increase the ordinary maintenance fee in a proportion equal to the inflation factors that result from the Consumer Price Index established by Banco de México or American inflation (FED), whichever is greater; said increases must be notified in writing to the Member during the month of September, and shall take effect beginning on January first of the immediately following year.
7.5 Extraordinary fees will have as object the conservation and replacement of furniture or equipment of the Hotel which exceed the amount of the reserve fund, without which the real estate, or a part thereof, or the Common Areas, or the installations or equipment run the risk of being lost, destroyed, or of deteriorating, and therefore they would cease to fulfill the purposes for which they were created.
7.6 The Member must be current in payment of all fees to which this article refers in order to use a Vacation Unit in the Season contracted in the desired Vacation Period; otherwise, he will lose the right to use the period corresponding to that year and, to be able to use those thereafter, he must become current in payment of his fees, including penalty interest and collection expenses.
ARTICLE 8.- EXCHANGE SYSTEM.
8.1 Promotora must retain affiliation of the Club with an international vacation exchange system in order that the Member, through payment of the fees established by said exchange system, may make use of his vacation periods through same. Promotora shall pay the initial registration, it being the responsibility of the Member to pay for the subsequent annual registrations and all expenses relating to his exchanges, on the understanding that supply of said service shall be the sole and exclusive responsibility of the exchange company.
ARTICLE 9.- ADDITIONAL SERVICES
9.1 The additional services that the Club offers, such as food and drink, are included in the membership through the All Inclusive System, through payment of the mandatory fee which is in force at the time of the occupancy.
9.2 The additional services that the Club offers which are not included in the maintenance fee, require an additional charge to the Member, according to the prices in force at the time of supply of the service.
ARTICLE 10.- RIGHTS OF MEMBERS.
10.1 To use and enjoy the Vacation Unit, in the contracted Season and in the reserved Vacation Period, subject to the terms and conditions established in the Contract and the Regulations.
10.2 To use and enjoy the installations, common services and areas, in the contracted Season and in the reserved Vacation Period, subject to the Regulations.
10.3 To transfer by any legal means the rights derived from the purchase/sale Contract, subject to the Contract and the Regulations
10.4 To use the International Vacation Exchange System with which the Club is affiliated.
10.5 To exercise all other rights derived from the Contract and the Regulations.
ARTICLE 11 .- OBLIGATIONS OF MEMBERS.
11.1. To pay the price agreed in the Contract.
11.2. To pay the maintenance fees, both ordinary and extraordinary, independent of whether he uses his Vacation Period or not.
11.3. To pay the All Inclusive System fee in force at the time of the reservation.
11.4. To pay the exchange fee during the years when he decides to visit other Mexican or international destinations, and his re-registration fee for the vacation exchange system.
11.5 To use the Vacation Unit solely in the reserved Vacation Period and in the Season that pertains to him.
11.6 To vacate the Vacation Unit precisely and punctually on the day and at the time set forth in the Regulations.
11.7 To occupy the Vacation Unit without exceeding the maximum number of persons permitted according to the Contract and the Regulations.
11.8 To permit access to the Vacation Unit for the personnel responsible for cleaning, inspection or emergency repairs, in proper hours, and not to interfere with the performance of their work.
11.9 To assume responsibility for cleaning and care of the kitchen utensils and dishware.
11.10 All other obligations to which the Contract and the Regulations refer.
ARTICLE 12.- OBLIGATIONS OF PROMOTORA.
12.1 To permit and guarantee to the Member use and enjoyment of the Vacation Unit in the contracted Season and in the reserved Vacation Period, subject to the terms and conditions established in the Contract and the Regulations.
12.2 To maintain the Vacation Unit in a clean condition to be used during the stay of the Member in the Hotel, as well as to apply preventive maintenance thereto, and to the installations, equipment and Common Areas.
12.3 To keep an insurance policy in force pursuant to the requirements of the NOM which governs time share service.
12.4 Generally, to manage and operate the Club system, adopting the corresponding decisions, as well as those others that derive from the Contract and the Regulations.
ARTICLE 13.- PARTICIPATION OF MEMBERS
13.1 The General Membership Meeting is the body through which Members who have paid the full price and performed their obligations shall elect the Management Council which will represent them and adopt the resolutions stipulated in the Regulations and in the Law which establishes the rules to which the Contracts entered into in the time share regimen for the State of Quintana Roo are subject.
13.2 The Management Council shall be composed of at least three Members, from whom a Chairman, Secretary and Treasurer shall be elected, holding office for two years; they may be removed or re-elected for another equal period by the General Membership Meeting.
13.3 The General Membership Meeting shall be Ordinary and Extraordinary, convened by Promotora or the Management Council, and Promotora shall preside thereat, assisted by the Secretary of the Council or the persons that the General Membership meeting may designate.
13.4 Convocations to General Membership Meetings must be made no more than sixty days and now less than thirty days in advance, through certified mail, return receipt requested, and must include the agenda with all issues to be dealt with, contain the specific proposals for each issue, and state the place, date and time when the General Membership Meeting will be held.
13.5 The Members may appear at the General Membership Meetings personally or through a proxy, in which case, they must confer the corresponding letter proxy if natural persons are at issue, since legal persons must extend a notarial power of attorney, OR SENDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THEIR DECISION ON THE ISSUES TO BE DEALT WITH, voting for or against, and may make the comments that they are entitled to make.
13.6 A legal quorum shall be considered to exist for a General Membership Meeting on a first convocation when at least 51% of the Members with voting rights attend, personally, through proxy, or voting through certified mail; on a second convocation, a quorum will exist regardless of the attendance.
13.7 Decisions will be adopted by simple majority of those attending the General Membership Meeting and no matter that is not set forth on the Agenda may be approved.
13.8 Resolutions legally adopted by the General Membership Meeting bind all Members, and the corresponding minutes must be noted in the book kept for such purpose by Promotora, and must be signed by the Chairman and Secretary of the General Membership Meeting.
13.9 Promotora shall communicate to the Members in writing the resolutions adopted by the General Membership Meeting within the fifteen days following same.
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