WESTGATE TRAVEL CLUB
Congratulations on enrolling in the Westgate Travel Club (the "Plan"). The Plan, its benefits, terms, requirements, and administration, along with other important information are discussed herein (the “Agreement”).
Your satisfaction is important to us, and we want you and your family to use the Plan to create many happy travel experiences and lifelong memories. So please read this document carefully as it is a binding agreement between you and Sponsor and it describes in detail the benefits and terms of the Plan.
1. Who Is Responsible for Your Plan: The Plan is marketed, sold and administered through Sponsor. Sponsor is responsible for the marketing, sales, and customer service associated with the Plan. Fulfillment and provision of benefits through the Plan are provided by developers affiliated with the Westgate family of resorts or through contractual partners of the Sponsor.
2. Plan Term: Your Plan will be valid for a period of twelve (12) months, beginning on the date of Activation (defined below) (the “Plan Term”); provided however that in no event shall the Plan Term extend to a date beyond the date which is twenty-four (24) months following your execution of the Membership Enrollment Agreement. Your personal Plan membership account will be activated and you shall have access to the Plan benefits upon: (i) the expiration of any and all statutory or contractual rescission periods provided for herein; (ii) the complete execution by you of any and all documents required to consummate this purchase of the Plan; (iii) if Plan is financed, then the receipt by Sponsor of cleared funds of at least thirty-five percent (35%) of the Purchase Price and, (iv) if the Plan is not financed, then the receipt by Sponsor of cleared funds required to pay the purchase price in full (collectively “Activation”). During the Plan Term, your personal account shall remain active and entitle you to access the Plan Benefits so long as you remain in compliance with these Terms and Conditions. You must be in compliance with this Agreement at the time you make your reservations and at the time you occupy any accommodations reserved through the Plan. This provision shall apply regardless of any renewals, name add/update or change of ownership.
3. Type of Plan: This Agreement constitutes an agreement for services, specifically and solely those described herein. Under this Agreement, you are not acquiring any ownership interest or any interest in real estate, use of any specific geographic site, resort or type of accommodation, or a membership in any discount buying organization. The benefits and privileges of the Plan are provided solely for your recreation, enjoyment and personal use. You are not acquiring any legal or beneficial interest in the Plan, in any of the Westgate Resorts or any of the resorts offered in connection with the Getaway Weeks, in the Sponsor or in any affiliate thereof, or their respective assets. You are not entitled to any share of income, gain or distribution of or by Sponsor or any affiliate thereof, nor are you acquiring any voting rights in the Plan, any of the entities which own any of the Westgate Resorts, any of the entities which own the resorts offered in connection with the Getaway Weeks or the Sponsor and or its affiliates.
4. Plan Benefits, Terms and Conditions: Upon Activation of your account, you will receive the right to reserve the number of Westgate Club Weeks and Getaway Weeks set forth in your Membership Enrollment Agreement and such additional benefits as Sponsor may add and/or offer from time to time; provided that the creation or offer of additional benefits does not create any additional entitlements under this Agreement and may be withdrawn at any time in the sole discretion of Sponsor. In connection with the Westgate Club Weeks, you shall receive additional benefits through Westgate’s Travel Plus Program, which benefits currently include those listed on Exhibit BB attached hereto and incorporated herein, but remain subject to change, in Sponsor’s sole discretion, from time to time during the Plan Term. As used herein, "Westgate Club Weeks" shall mean and refer to vacation weeks where the accommodations are located at any Westgate resort and "Getaway Weeks" shall mean and refer to vacation weeks where the accommodations are located at various non-Westgate resorts and are made available for booking through agreements made from time to time between Sponsor and third parties, which shall be subject to the terms and conditions contained herein as well as any and all terms and conditions Sponsor or the third party provider may impose on Member and the terms of any and all applicable membership agreements, including but not limited to, the payment of use fees. In connection with the Getaway Weeks, Member may obtain, but shall not be guaranteed, enrollment in one (1) or more vacation/travel programs with third parties ("Third Party Vacation/Travel Program"). In the event of any such enrollment, Member shall be provided with the applicable Third Party Vacation/Travel Program information upon Activation of the Plan. Member expressly acknowledges that any Third Party Vacation/Travel Program(s) offered under the Plan may change from time to time during the Plan Term. Westgate Club Weeks and Getaway Weeks shall sometimes be referred to herein collectively as "Resort Weeks."
Any unused Resort Weeks shall lapse upon the expiration of the then Plan Term and Member shall not be entitled to roll any such weeks over for use in an Additional Term. At the time of making your reservations, you shall be responsible for the payment of any and all usage fees (the "Usage Fees”) associated therewith (which fees shall be subject to change as provided in paragraph 7 below), plus any other fees, taxes or other costs due and owing. Except as otherwise set forth herein, the Plan and all Plan Benefits are for the exclusive and limited personal use of Member. Sponsor reserves the right, in its sole discretion, to modify the terms and conditions of the Plan upon notice to Member.
For Westgate Club Weeks, by calling the Westgate Travel Club reservation number, you may request reservations for specific dates ("WG Vacation Period") for accommodations at any of the Westgate Resorts set forth on Exhibit "A" attached hereto and incorporated herein ("WG Resort Selection"). ALL reservations are subject to availability and are not guaranteed; however, it is specifically noted that it is substantially less likely that a reservation will be available for booking during the peak season weeks at a particular resort than during the value season weeks at a particular resort. The following restrictions shall at all times apply to the booking and use of Westgate Club Weeks: (i) only those units within the Westgate Resorts which the developer, at the time of the reservation, owns or has the right to use shall be available for reservation; (ii) WG Vacation Periods and WG Resort Selections are on a first-come, first-serve, space-available basis and subject to inventory available for use in the Plan; (iii) Sponsor does not guarantee availability of any resort, accommodation type, or time period available for reservation; (iv) reservations must be made no earlier than eleven (11) months prior to the first day of the WG Vacation Period and no later than thirty (30) days prior to the first day of the WG Vacation Period; (v) payment of the Usage Fee covers the accommodations only and Member shall be solely responsible for the costs of all incidentals, food, beverages and any other items consumed at the resort during the WG Vacation Period and for the payment of any third party fees charged in connection with any activities undertaken during the WG Vacation Period; (vi) at all times, the length of the Westgate Club Week shall be a maximum of seven (7) consecutive nights and shall be subject to the specific check-in days and times of the applicable resort. Member shall be entitled to cancel a reservation for a Westgate Club Week by calling the Westgate Travel Club reservation number not less than fourteen (14) days prior to the first day of the reserved WG Vacation Period.
For Getaway Weeks, Member shall request and make reservations for accommodations through the third party administering the applicable Third Party Vacation/Travel Program in accordance with the rules, regulations, policies and procedures applicable thereto.
5. Additional Fee Disclosure: You specifically acknowledge and understand that Sponsor may charge an administrative fee not to exceed $500.00 at the time you purchase the membership. The administrative fee is used in part for recovery of Plan costs and document preparation. You expressly agree and consent to such fees and waive all claims whether known or unknown at any time, as a fair recovery for Sponsor's initial administrative costs of the Plan. In order to keep your membership active, you are required to pay annual renewal fees, and to comply with all obligations set forth in this Agreement.
6. Use and Occupancy: Accommodations shall not be used as a principal residence or for the operation of any business. Only you and your guests (pursuant to a Guest Certificate in accordance with the terms herein) shall use or occupy the accommodations. Accommodations are all subject to per room occupancy limits and may not be exceeded. You and all occupants shall abide by all rules and regulations established in connection with the occupancy of the accommodations and use of the related facilities. You shall be responsible for any damage to the accommodation(s) and facilities occurring during occupancy and use. Reservations do not include transportation, food, liquor, taxes, tips, telephone calls, or other resort specific charges (e.g.: cleaning fees, internet fees, energy surcharges, foreign country exit fees, or amenities fees) or other items of a personal nature. Pets are not permitted in most accommodations (Pet restrictions do not apply to service animals). You expressly waive all claims of liability, at all times, against Sponsor and its affiliates in relation to booking and use of accommodations. You may, as a condition of use, incur additional charges and fees unique to the accommodations and it is your responsibility to determine and pay for such charges.
Due to safety and fire code regulations, there is a maximum occupancy limit set for every room at any of our Resort locations. This occupancy number limit is based on state and federal regulations in regards to the size and space of each room. Every person, regardless of age, is considered as one (1) person and is counted toward the maximum occupancy limit of persons for that room and location.
7. Plan Renewal: Upon expiration of the initial Plan Term (and each renewal term thereafter), Member shall have the option, but not the obligation, to renew the Plan for an additional twelve (12) month period upon the payment of a fee (the "Renewal Fee"). The current Renewal Fee is $199.00. In the event Member voluntarily elects to renew, renewal shall be accomplished by notifying Sponsor in writing and paying the Renewal Fee either before expiration of current Plan Term or within fourteen (14) days following the expiration of the then current Plan Term. In the event that Member fails to renew the Plan membership at the expiration of the then Plan Term, Member shall be entitled to reinstate the Membership at a later date upon the payment of a reinstatement fee in an amount equal to the Renewal Fee; provided that Member shall not be entitled to opt out of the Plan for more than three (3) consecutive years at any given time. If you do not renew your Plan, you will remain responsible for all financing charges, reserved but unused accommodations and any other taxes, fees, and or charges in connection with your membership in the Plan. Any renewal period, or reinstatement period, as the case may be, shall be referred to as an Additional Term. Sponsor shall have the right, in its sole and absolute discretion, to modify the amount of any Renewal Fees, Reinstatement Fees and Usage Fees associated with the reservation of any Resort Weeks; provided that Sponsor shall notify you of any such modification prior to the expiration of the current Plan Term; and (ii) Commencing on January first, two thousand and twenty-three (01/01/2023), Sponsor reserves the right, in its sole discretion, to terminate the Plan and not allow further renewals thereof, in which case the termination date shall be the last day of the then current Plan Term.
8. Refund Terms: You are entitled to cancel your Membership within the three (3) day cancellation period set forth herein and receive a full refund of any sums paid toward the purchase price of the Plan. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN ANY NOTICE OF CANCELLATION TO THE CONTRARY, IN THE EVENT OF A TIMELY CANCELLATION, IF YOU DO NOT RETURN TO THE SPONSOR, ALL MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE PLAN, WITHIN TEN (10) DAYS OF YOUR CANCELLATION, THE SUM OF SEVENTY FIVE DOLLARS ($75.00) WILL BE DEDUCTED FROM ANY APPLICABLE REFUND. The refund shall be made within twenty (20) days of your demand therefore or within five (5) days after receipt of funds from your cleared check, whichever is later. In the event that you fail to timely cancel your Agreement, all funds paid by you in connection with the purchase of the Plan shall be deemed earned and non-refundable upon the expiration of the three (3) day rescission period.
9. Weapons Policy: Westgate Resort premises are private property. Any and all weapons, including but not limited to, firearms, knives, and/or explosives, concealed or not concealed, with or without a concealed weapon(s) permit, are not permitted by any person and/or for any reason except as expressly detailed here on any and all premises owned and/or operated by Westgate Resorts. What constitutes a weapon will be determined by Westgate Resorts in its sole and absolute discretion. Sworn, on-duty State and Federal law enforcement officers whose agency has jurisdiction at the applicable premises, and military personnel, may carry any weapon. Resort Associates may carry a weapon with express written permission or as part of their assigned duties. Shotguns are permitted at Westgate River Ranch Resort for the sole and express use at the Trap & Skeet Range. Any and all persons who possess a weapon on premises either as permitted or in violation of this Policy must follow all applicable Federal, State, and local laws with respect to that weapon. Persons found to be in violation of this Policy may be subject to applicable Trespass laws. This policy applies to any and all on Westgate Resorts' owned and operated properties. The company expects that these individuals will comply with all provisions of this policy. Where Federal and/or State law or rules differ, the company will abide by the applicable standard.
10. No Smoking or Drugs Policy: All of our rooms are non-smoking and any guests found to have been smoking in the room will be assessed a fee for additional cleaning. All of our Resorts are private property and deemed drug-free zones, and therefore do not allow the use or possession of illegal drugs and/or marijuana on property, regardless of state legalization laws on recreational or medical use. Persons found to be in violation of this Policy may be subject to applicable Trespass laws. This policy applies to any and all on Westgate Resorts' owned and operated properties. The company expects that these individuals will comply with all provisions of this policy. Where Federal and/or State law or rules differ, the company will abide by the applicable standard.
11. Plan Member Representations and Acknowledgments: You represent and warrant that you are of legal age and capacity to participate in and to use the Plan; you will use the Plan solely for personal enjoyment and not for resale or profit; and, no representations have been made concerning rentals, rental pools, returns, tax advantages, depreciation or investment potential. You expressly state and agree that the purchase, use and all reliance that you have on the Plan, its offers and benefits are expressly not for investment purposes, and no representations to the contrary have been made or will be relied upon. Further, you acknowledge that this Agreement constitutes an agreement by and between you and Sponsor for the services to be rendered by the Sponsor, its affiliates, representatives or contractors; this Agreement is a separate and distinct contract from any purchase agreement you may enter into with a developer or seller at any resort facility at which you have a reservation; resort facilities, amenities and services vary by country, location and resort, including but not limited to, size and décor of room and accommodations; neither Sponsor nor any affiliate thereof is liable for : any damage, loss or theft of personal property that occurs during any Vacation Period; any personal or bodily injury that occurs during any Vacation Period; and that the liability of Sponsor and any affiliate thereof, if any, in connection with any claim or action arising out of or in connection with participation in the Plan shall be limited to reimbursement of the Usage Fee paid to the Sponsor for the Vacation Period in which the liability arose.
12. Non-Timeshare Disclosure: The Plan is not a timeshare or a timeshare plan. Sponsor has not made any filing with any state or regulatory department or agency in connection with the Plan or the offering or sale thereof. Neither this Agreement nor any other documents related to the Westgate Travel Club or the Plan has been approved by any state or regulatory agency.
13. Additional Disclosures: Neither this Agreement nor any right herein is assignable or transferable voluntarily or involuntarily, exchanged for cash and/or monetary consideration, or used in conjunction with any other Offer, promotion, or certificate; provided however, your membership may be transferred one (1) time for a transfer fee of $200.00, plus tax, if any; provided that your membership is Activated and any renewal or reinstatement fees, if applicable, have been paid in full. No claim arising out of this Agreement may be sold, transferred or assigned, and no right or claim may be assigned to participate in any civil lawsuit or class action proceeding. No change or modification to this Agreement shall be binding upon Central Florida Investments, Inc. d/b/a Westgate Travel Club unless it is in writing and signed by all of the parties hereto. The agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. The waiver of either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach. The headings herein are for convenience purposes only, and in no way restrict, modify or add to the meaning hereof. No representations, oral or written, except those set forth herein, may be relied upon. Any notices to be given hereunder by either party to the other will be sent by certified, postage prepaid, return receipt US Mail. Notices shall be deemed communicated as of three (3) days after mailing. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED THEREIN (WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS). This Agreement is void where prohibited by law. All federal, state, and local laws and regulations apply. By accepting the terms of this Agreement, the end user agrees that Central Florida Investment, Inc. d/b/a Westgate Travel Club will not be held liable for any actual or potential losses, including without limitations, compensation or consequential damages arising out of this Agreement or in connection with or by misrepresentation by a third party. Central Florida Investments, Inc. d/b/a Westgate Travel Club is not to be held responsible for any act of God, or any other circumstances beyond its control.
14. Binding Arbitration. If a dispute arises relating to this Agreement and the parties cannot resolve the matter among themselves, the parties agree that the dispute shall be resolved through binding arbitration by a single arbitrator selected by the parties in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"), in Dade County, Florida or Orange County, Florida, which county shall be selected by Sponsor, in Sponsor’s sole discretion. If the parties cannot agree upon a single arbitrator, the arbitrator shall be chosen by the administrator for the AAA for arbitration in the county selected by Sponsor. Costs of the arbitration will be shared equally, however, the prevailing party shall be awarded attorneys’ fees and other expenses in addition to any other remedies, damages or other award.
15. Waiver of Jury Trial. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS, COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHER SUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OF TORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING.
RESORTS AVAILABLE FOR RESERVATION FOR WESTGATE CLUB WEEKS
Westgate Travel Club Inventory Availability
Westgate Town Center
Westgate Vacation Villas
Westgate Leisure Resort -Westgate Phase I & II
Westgate Lakes Resort & Spa
Westgate Bluetree Resort
Westgate River Ranch
Westgate South Beach
Harbour Beach Resort
Westgate Myrtle Beach Resort
Westgate Historic Williamsburg
Westgate Smoky Mountain Resort & Spa
Westgate Tunica Resort
Westgate Branson Woods Resort
Westgate Branson Lakes at Emerald Pointe
Westgate Painted Mountain Country Club
Westgate Park City Resort & Spa
Westgate Flamingo Bay Resort
TRAVEL PLUS BENEFITS
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