This Member Agreement (the "Agreement") is made by and between the individual(s) named at the beginning of this DVC Member Point Rental Application ("DVC Owner(s)") and BookDVC.Com
The DVC Owner(s) is contracting with BookDVC.Com for the purpose of fulfilling Disney Vacation Club renter reservation requests for an agreed upon price per point.
The DVC Owner(s) is familiar with the rules, procedures, operations and terminology utilized by the Disney Vacation Club, and does not rely on BookDVC.Com to provide any guidance or opinion regarding such procedures, operations and terminology utilized of the Disney Vacation Club.
BookDVC.Com shall only be responsible for:
a) Confirming Disney Vacation Club availabilities ;
b) Contacting DVC Owners to provide reservation details;
c) Confirming that the DVC Owner(s) has made a reservation within a reasonable time, as determined in the sole discretion of BookDVC.Com;
d) Collecting funds from the renter for reservations made by the DVC Owner(s);
e) Creating and circulating a rental agreement for the renter and the DVC Owner(s);
f) Paying the DVC Owners(s) for points used to secure reservations, at the agreed price, due 70% at time of rental and balance on day of check-in;
g) Ensuring that all renters' reservations are and remain fulfilled.
BookDVC.Com will not be responsible for any unused Disney Vacation Club points, or points that expire prior to being rented.
The DVC Owner(s) shall:
a) Accurately provide BookDVC.Com with full details on how many points are available for rentals;
b) Accurately advise BookDVC as to which Home Resort the DVC Owner(s)'points belong;
c) Accurately advise BookDVC.Com which Use Year the DVC Owner(s)' points belong to;
d) Advise BookDVC.Com whether points may be banked or borrowed in order to secure reservations;
e) Keep annual Disney Vacation Club assessments and mortgages current and paid at all times;
f) Keep the DVC Owner(s)' membership in the Disney Vacation Club current and active so as not to harm reservations;
g) Honor all reservations made for which funds (partial or full) have been received;
h) Maintain an active PayPal account with which to receive payment for funds collected;
i) Send all reservation confirmations to BookDVC.Com;
j) Fulfill any Magical Express and/or room requests when requested by BookDVC.Com; and
k) Change guest names, dates, resorts, rooms and/or any other details on any reservation at the request of BookDVC.Com.
The DVC Owner(s) further represents and warrants:
a) No Disney Vacation Membership will be sold or listed for sale while there is an active reservation pending;
b) All Disney Vacation Club annual assessments, taxes, and mortgages are and will remain current;
c) The DVC Owners(s) membership in the Disney Vacation Club is, and will remain, in good standing;
d) The DVC Owner(s) will not cause or allow any reservation to be cancelled or modified without the express written consent of BookDVC.com.
e) In the event a reservation is cancelled by hurricane, pandemic, epidemic, terrorist attack, or any other unforeseen event beyond the control of the owner, the owner will refund 100% of the funds received to date back to BookDVC.
LIABILITY FOR BREACH
The DVC Owner(s) shall be liable to BookDVC.Com and any affected renter for any violation or breach of this Agreement. The DVC Owner(s) shall recompense BookDVC.Com for any and all damages and expenses including, but not exclusively, direct, consequential, incidental, actual and/or compensatory damages, related to a reservation cancellation caused by the failure of the DVC Owner(s) to honor all terms of this Agreement. For the avoidance of doubt, the DVC Owner(s) shall be liable for collections costs and attorneys fees incurred by BookDVC.Com in enforcing the provisions of this Agreement.
Choice of Law
All actions brought pursuant to this Agreement shall be subject to the laws of the State of Florida.
Waiver of Personal Jurisdiction
The DVC Owner(s) waives any potential objection or defense on the grounds of lack of personal jurisdiction, and consents to jurisdiction being proper in any court (state or federal) located in the State of Florida.