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Policy and Terms Prime GetAwayTerms and Conditions
1.0
DEFINITIONS
1.1. Annual or
Annually: Means the 12 month period commencing on the date a person
purchases the Prime GetAway Membership. 1.2. “Him”, “His” or “He” shall wherever used,
mean the male or female gender, or corporate or other business entity, of the
person referred to, as the context may require, and wherever the male gender is
used it may mean male, female or other person, or plural. 1.3. Money or Dollars: All references herein
to money or dollars are to United States Dollars. 1.4. “Person”, “People”: Includes an
individual, a partnership or a company, or the plural of them and each of
them. 1.5. Personal Use: As it pertains to
Prime GetAway, is the use by the Prime GetAway Member by himself and his
family, for their own travel and vacations, and the benefits and
advantages associated solely with the Prime GetAway. 1.6. Resort Affiliate: A resort
condominium property, hotel, villas or other vacation lodging, accessed by Prime
GetAway, for use by its Members, at a Usage Fee negotiated by Prime
GetAway. 1.7. Usage Fee: The fee a Member is required to pay a
Vacation Amenity, at the time of reserving the use of same for each one week
stay. 1.8. Vacation Amenity: One of the Resort
Affiliates or other vacation opportunities, access to which has been arranged by
Prime GetAway for its Members, and which may include different resorts,
different kinds of resorts and different kinds of vacations and different kinds
of accommodations at each resort or vacation destination. 2.0 CONTRACT
2.1. Each Member,
acknowledge and agree upon purchasing a vacation week, that these terms and
conditions are binding upon them and each of them, and that they are binding and
enforceable as the terms and conditions of a contract between each of them and
Prime GetAway. By submitting a request to Prime GetAway and it's affiliates to
purchase one or more vacation weeks, the proposed member is submitting an
Offer to Prime GetAway and it's affiliates to purchase such vacation
weeks upon all of the terms and conditions, as contained herein and in the
Refund Policy. Prime GetAway and it's affiliates have the right to reject any
such offer. 2.2. To accommodate the
expeditious completion and registration of the purchase, Prime GetAway and it's
affiliates are providing a service to members, which allows members the
option of paying for the purchase through a credit card service, the cost of
which service is non-refunable, once provided 2.3. Each members
acknowledges that the purchase is of a service provided by Prime GetAway and
it's affiliates on behalf of the member, and each vacation week represents
a measure and extention of that service. 3.0 RIGHTS AND
OBLIGATIONS ASSOCIATED WITH VACATION WEEKS
3.1. Members are responsible
for payment of all applicable sales taxes or other taxes, charges, or levies of
any and every kind whatsoever, applicable to the Usage Fee in the jurisdiction
in which the Vacation Amenity is located.
3.2. During the use of
vacation weeks, Members will receive all services and amenities offered by the
Vacation Amenity to its members at the time of use associated with the occupancy
of the Amenity. Vacation Week and Usage Fee payments do not include for food,
beverages, taxes, surcharges, gratuities, transportation, service charges or
incidental expenses. Members are responsible for all transportation,
insurance and other arrangements and charges with respect to the use of their
Vacation Weeks. 3.3. A purchase of a
Vacation Week is not effective and is not registered until payment is received
in Prime GetAway and it's affiliate’s data processing centre and the validity of
such payment has been verified. 3.4. Prime GetAway Members
REPRESENTS AND WARRANTS TO Prime GetAway and it's Affiliates THAT
ALL PURCHASES ARE INTENDED FOR PERSONAL USE. 3.5. Members can use their
Vacation Weeks immediately upon verification of their payment and registration.
Use of the Vacation Weeks is subject to scheduling and availability at the
subject Vacation Amenity. In other respects, Members may use their Vacation
Weeks immediately. 3.6. The date a Member
receives confirmation of purchase from Prime GetAway and it's Affiliates shall
be the date of the sale and it shall also be the date of commencement of
services and benefits purchased under the purchase agreement.
3.7. A certificate in paper
or electronic form will be issued to Members, confirming his/her purchase of
the Vacation Weeks upon completion of registration. The Vacation Week
certificates issued by Pime GetAway and it's affiliates do not imply or import
any form of ownership in any of the Vacation Amenities or in Prime
GetAway. Members acknowledge that the services, to which the cancellation
policy in this contract applies, is the certificate representing the Vacation
Weeks purchased which in turn represents a service to the Purchaser, or a right
on their part to access Vacation Amenities made available through Prime GetAway
and it's Affiliates, all of which commenced, as provided in Section 3.4. Members further acknowledges that
the certificate is not a bearer document and that it is a representation only of
the records of Prime GetAway at the time of issuance of the certificate to
Member. All use of certificates requires verification of validity with Prime
GetAway at the time of use, and the records of Prime GetAway and its Affiliates
shall prevail in all cases. 3.8. Members pay the Usage
Fee at Resort Affiliates as may be negotiated by Prime GetAway and it's
Affiliates. 3.9. The Vacation Amenities
shall only be used for residential purposes. Members agree to abide by all of
the rules and regulations of the Vacation Amenity. Member is responsible for any
damages to the Vacation Amenity during the time of occupancy by either the
Member or the Member’s guests, which sums shall be payable directly to the
Vacation Amenity. 3.10. Members shall not conduct
themselves in a manner that may be damaging to the relationship between Prime
GetAway and it's Affiliates and the Vacation Amenity, including but not limited
to approaching other guests of the Vacation Amenity to promote Prime GetAway, in
a manner that may be embarrassing or damaging to the Vacation Amenity, or Prime
GetAway and it's Affiliate’s relationship with the Vacation
Amenity. 3.11. Upon expiry of the period for which
a Membership was issued, the Member will have no further rights with respect to
it and that Membership shall have no value to the Member. 3.12. Prime GetAway does not guarantee
the availability of any particular Vacation Amenity at any particular time, but
does guarantee the availability of a Vacation Amenity for each of its Members
through the course of a year., subjet to section 3.16 hereof.
3.13. Any Promotional Certificate is not
transferable to any other person or entity. There is no other cash value
for promotional Certificates. Prime GetAway has no responsibility to
fulfil the terms and conditions of any agreement, whether verbal or in
writing between the any other agent and Member, regardless of the nature of such
term or conditions.
3.15. Member acknowledges that this
program is based upon availability of vacation properties affiliated with Prime
GetAway and it's Affiliates. All Members are expected to be aware of the
reservation systems and expectations from time to time published by Prime
GetAway and it's Affiliates, and their hours of service. Prime GetAway
and it's Affiliates will make reasonable efforts to secure a vacation for
Member during periods Member makes known to Prime GetAway and it's Affiliates.
Reasonable efforts will be made to place Members at a Vacation Amenity of
Members choosing, at a time of Members choosing, but Prime GetAway and it's
Affiliates does not guarantee same.
Members are required to follow Prime GetAway and it's Affiliates
reservation procedures. 3.16. Information about Vacation
Amenities provided by Prime GetAway is based on information obtained
from Vacation Amenity or accommodating parties. Prime GetAway expressly
disclaims liability for inaccurate, incomplete or misleading information
concerning any Vacation Amenity. 3.17. Prime GetAway may from time
to time offer additional travel services for access by its Members (“Value Added
Services”). Such Value Added Services will be determined in the absolute
discretion of Prime GetAway, and when so determined, will be made available to
Members who will be able to access such Value Added Services. Pime GetAway
may discontinue them at any time in its sole discretion. 3.18. In consideration for the
payment of the Proccessing and Setup Membership Fee, Prime GetAway and it's
Affiliates grants Purchaser a website with backoffice, through which to
view various Vacation Amenities, and Value Added Services offered by Prime
GetAway and its Affiliates, and through which Vacation Weeks may be redeemed.
Prime GetAway shall use reasonable diligence to maintain Members website shall
never be liable to Members, for direct or indirect, or consequential damages, of
any kind whatsoever, whether foreseen or unforeseen, in the event of any failure
or deficiency of the website. 4.0 PRICE
GUARANTEE
4.1. Prime GetAway and its
Affiliates guarantees its Usage Fees to its Members. It is Prime GetAway’s guarantee, that if
a Member takes a Luxury Vacation property as a Member, at one of Prime GetAway’s
Affiliate Resorts, and finds a lower published cost for the same week of
vacation and accommodations, than their combined costs of a Luxury Vacation Week
plus the Certificate, then Prime GetAway will issue a free Vacation
Discount Certificate, to be used on the Members next Vacation. To be eligible for this guarantee, the
Member must submit documented evidence of the lower price to Prime GetAway,
within 15 days following the last day of that
vacation. 5.0
RESERVATIONS
5.1. Members may reserve the use of a Vacation
Amenity, by a request submitted pursuant to the policies and procedures from
time to time set out by Prime GetAway and it's Affiliates.
5.2. If the criteria
of Members reservation request can be met within 48 hours, then Prime
GetAway and its Affiliates is authorized to confirm the reservation at
the Members expense, without further input or confirmation from Member. Prime
GetAway and it's affiliates has no responsibility if Member changes his mind or
is unable to travel at the time reserved.
Members are always encouraged to explore vacation cancellation
insurance. 5.3. Members are
required to review all available information with respect to their choices of
any Vacation Amenity prior to commencing the reservation process. Members are
responsible for the choices they make. 5.4. Reservations with
respect to any Resort Affiliate are subject to the cancellation policy of that
Resort Affiliate. There is a $35.00 cancellation charge payable to Prime GetAway
for canceling such a reservation, which is in addition to any charges or
penalties imposed by the Resort Affiliate. 5.5. Prime GetAway and
its Affiliates is not
the provider of the accommodations or services at any Vacation Amenity, and has
no responsibility and accepts no responsibility for any failure on the part of
the Vacation Amenity. Prime GetAway and its Affiliates service is only to
negotiate access to the Vacation Amenity for the benefit of its Members, at the
User Fee, and none other. 5.8. Prime GetAway is
not a travel agent. All reservation and travel services are provided by
ian.com., a related company accessed through the Prime GetAway
website. 5.9. Prime GetAway
reserves the right to provide policies and procedures for the manner in which
Vacation Weeks are redeemed, or transferred, and how vacations are reserved.
6.0 GENERAL
6.1.
Payments to Prime GetAway and its Affiliates may be made by
certified cheque, money order, bank draft, wire transfer, or such credit card
facilities as Prime GetAway and its Affiliates may make available for this
purpose. No personal cheques are accepted. All payments must be received through
Prime GetAway and its Affiliate’s data processing centres and no sales are
registered until the payment is verified. 6.2. Prime GetAway and its
Affiliates may modify all of the Terms and Conditions, and Policies and
Procedures of Prime GetAway and may add to such Terms and Conditions,
and Policies and Procedures, or delete any such Terms and Conditions, and
Policies and Procedures at any times that it sees fit and any such changes shall
become effective and binding upon all participants immediately upon such changes
being posted to the Prime GetAway and it's
Affiliates website. 6.3. Prime GetAway and it's
Affiliates has the right to suspend or terminate, any Purchaser or
Member from the use of Vacation Weeks for any violation of the terms and
conditions associated with Prime GetAway, or the terms and conditions of use of
any Vacation Amenity, without refund, rebate or adjustment of the price paid for
Membership. 6.4. Members may purchase
additional Weeks for Personal Use at any time . 6.5. Prime GetAway and it's
Affiliates reserves the right at any time to inquire into the
purpose of the purchase of Vacation Weeks. Prime GetAway and it's
Affiliates shall always have the overriding right to refuse such sales, where in
its judgment such purchases are not intended for Personal Use, or where such
sales, may in the sole judgment of Prime GetAway, affect in a negative
manner, Prime GetAway and its image, reputation, integrity, viability
and legality. 6.6. Prime GetAway and it's
Affiliates has the right to suspend or cancel the Vacation Weeks,
and rights associated therewith, of any Member who is indebted to Prime GetAway
and it's Affiiates or to any of the Vacation Amenities. In the event Prime
GetAway and it's Affiliates cancels any Weeks, it shall not be required to make
any refund payment to the Member. 6.7. All reservations must
be made through Prime GetAway and it's Affiliates for the use of Vacation Weeks
or for reserving use of a Vacation Amenity at the Usage Fee. Contacting a
Vacation Amenity directly to reserve use of the Vacation Amenity based on the
Usage Fees will result in that Member being charged up to $1,000, regardless of
whether Prime GetAway receives any confirmation that any vacation was
reserved or used by that Member at that Vacation Amenity. 6.8. Prime GetAway or its authorized representatives may on occasion offer specials, products and services through which Prime GetAway may believe could benefit Members, by mail or email notifications or solicitations, or other mediums. Members consent to such notifications or solicitations, and that such consent continues even if participation in Prime GetAway has been suspended, terminated or expired. 6.9. Prime GetAway may design or develop
prescribed forms of Certificates, registration forms, subscription forms,
notices, transfers and other documents intended to accommodate or record
transactions between it and Members, and interested third parties. In the event
any provision in any such form or notice shall be inconsistent with the Terms
and Conditions or the Policies and Procedures as posted on this Website, then
the, Terms and Conditions, on the website shall prevail. 6.10. Any action in law or in equity by a
Member against Prime GetAway or its associated entities, must be submitted
exclusively to the jurisdiction of the Courts of Utah County, Provo, Utah
(except in jurisdictions which by statute prohibit such exclusive jurisdiction
as it applies to its residents). In the event any such action is initiated and
Prime GetAway prevails, that Member shall pay all costs of Prime GetAway
incurred in defending such action, including all reasonable legal
fees. 7.0 OTHER
PROVISIONS
7.1
ENTIRE AGREEMENT
The Application Form, these Terms and
Conditions , each of which documents is hereby incorporated by reference into
the Agreement shall constitute the entire agreement between the parties with
respect to the subject matter of the Agreement and supersedes all previous
agreements and representations (whether written or oral) made between the
parties prior to the Participant entering into the Agreement. In the case of conflict between these
Terms and Conditions and any other document, these Terms and Conditions shall
prevail. 7.2
SEVERABILITY If at any time any term or provision in this
Agreement shall be held to be illegal, invalid or unenforceable in whole or in
part under any rule of law or enactment such term or provision or part shall to
that extent be deemed not to form part of this Agreement but the enforceability
of the remainder of the Agreement or these Terms and Conditions shall not be
affected. 7.3
EXCUSE FOR NON-PERFORMANCE Prime GetAway and it's Affiliates shall
not be responsible for delays and failures in performances thereunder, where
performance is made commercially impracticable due to circumstance beyond Prime
GetAway's reasonable control. This includes, without limitation, strikes, labour
difficulties, riot, war, fire, death, curtailment of Prime
GetAway’s usual source of
supply, or government decrees or orders. 7.4
NOTICES All notices to be given pursuant to this
Agreement shall be given to the Member by
Prime GetAway by sending the notice by registered or recorded first class post
or where appropriate by publication on Prime GetAway or its
Affiliate's website, newsletter or by email addressed to
the Participant at the last
address on file with Prime GetAway, or by the Participant to Prime GetAway by
recorded first class post to Prime GetAway at its address at 453 E. 200 S.
Suite 200, American Fork, Utah, USA 84003 or as notified from time to
time. 7.5
NON WAIVER PROVISION Failure of Prime GetAway or it's Affiliates to exercise any rights stated
in this Agreement and other relevant documentation shall not constitute a waiver
of Prime GetAway's right to demand exact compliance therewith and waiver by Prime GetAway
of any breach in such documentation shall not constitute a waiver of
any prior, concurrent, or subsequent breach by the Participant. Any waiver by Prime GetAway must be issued in writing by Prime GetAway
or it's Affiliate. Refund Policy
8.1. As stated on the Membership Registration,
the $199 fee is for setup and proccessing. There are no refunds.
8.3. THE CANCELLATION RIGHTS CONTAINED HEREIN OR
REFERRED TO HEREIN ARE EXHAUSTIVE AND THERE ARE NO OTHER CANCELLATION RIGHTS OR
REFUND RIGHTS OTHER THAN AS PROVIDED HEREIN OR REFERRED TO HEREIN. 8.5. This refund policy applies only to the initial purchase of the Membership from Prime GetAway. There are no refund rights with respect to subsequent purchases. |