TERMS AND CONDITIONS OF NH MEMBERSHIP
This Membership Enrollment Agreement ("Agreement"), when accepted by NH ("NH") will form a legally binding contract between NH and the person(s) completing such Agreement (NH Member). NH Members are entitled to membership in NetworkHolidays.com ("NH Membership') subject to the following Terms & Conditions:
1. All rights and obligations of NH associated with NH Membership under this Agreement will inure to the benefit of and be performed only by NH it's authorized representatives, successors, or assigns.
2. A NH Member may add additional persons to the NH Membership for a fee of $500 per person ("Additional Member"); however, all "Additional Members" must be separated by no more than one degree of familial relation from the NH Member who was awarded the NH Membership, or its successors or assigns (e.g. mother, father, daughter or son). All NH Members must be 21 years of age or older and have a valid credit card acceptable to NH.
3. If a NH Member wishes to remove an "Additional member" from the NH Membership, NH will honor instructions, signed and acknowledged by both parties, regarding the removal of "Additional Members" or appointment of an "Additional Member" as the designated person authorized to access or utilize the NH system. In the event conflicting instructions are received, NH will not be responsible for determining if NH Member has the authority to access or utilize the NH System.
4. NH Members shall pay NH an annual membership fee ("Annual Fee"). The Annual Fee at this time is $89. The fee is subject to change at the sole discretion of NH. NH may cancel a NH Member's NH Membership if payment of the Annual Fee is not received within 90 days following receipt of the bill requesting payment. Persons who fail to renew their NH Membership may not be permitted to reactivate their NH Membership without paying an additional initial membership fee of $200. In the event of a suspension, privileges will remain suspended until all fees owed are remitted. In the event of termination, all fees owed must be remitted and a fee of $200 will be required to reinstate the NH Membership. This Agreement may be suspended or terminated by NH without further obligations, if the NH Member fails to comply with the Terms and Conditions of this Agreement.
5. A NH Member may assign or transfer any of its rights under this Agreement. Transfer fee of $250 will be charged.
6. NH Members will be allowed to request and purchase vacation weeks through NH ("Vacation Week"). NH's ability to locate the desired Vacation Week request depends upon the availability of Vacation Weeks in the NH System; NH, therefore does not guarantee specific resort choices and/or Vacation Weeks. If resort choices and/or Vacation Weeks requested by a NH Member are not available in the NH system, NH will attempt to offer alternative choices.
7. Upon request from a NH Member to locate a Vacation Week, NH shall charge the NH Member a search fee of twenty-five dollars ($25). This charge shall be made to the NH Member's credit card. NH shall notify the NH Member via telephone once it has located an available requested Vacation Week. The NH Member shall have twenty-four (24) hours to decide whether to confirm the reservation or to reject the reservation. If the NH Member decides not to reserve the Vacation Week, the NH Member shall be obligated to pay NH the Search Fee. The Search Fee shall be waived if the NH Member reserves the Vacation Week. If NH is unable to confirm a Vacation Week request the Search Fee will be refunded.
8. NH Members shall pay NH the cost of the Vacation Week. The average cost of a vacation week will vary depending on the season, location, and unit size. The applicable cost of a Vacation Week must be paid at the time when the NH Member confirms, via telephone confirmation or written confirmation that the NH Member wishes to reserve the Vacation Week provided by NH. If a request is made by telephone, the cost of the Vacation Week must be paid by a credit card accepted by NH. A NH Member may cancel a Vacation Week by notifying the Reservation Office in writing. If a member cancels their Vacation Week after Confirmation, then the cost of the Vacation Week will not be refunded.
9. Vacation weeks may not be reserved, transferred, assigned or otherwise used for any commercial purpose, including rental or sale. Vacation Weeks may only be used by the NH Member making such reservation.
10. A NH Member recognizes and acknowledges that:
• The "Host Resort" is the resort at which the Member has reserved a vacation week through NH.
• Host Resort facilities, amenities, and services vary by country, location, and resort, and that room accommodations vary in size, décor and interior detail.
• Fees, if any, incurred by a NH Member for the use of amenities at a Host Resort are determined and collected by the Host Resort. NH Members are responsible for payment of such fees and any applicable taxes and any personal expenses incurred while occupying or traveling to or from a vacation week at a Host Resort. Should the NH Member desire to use these amenities such fees are the responsibility of the NH Member. In the event a NH Member fails to remit any or all fees owed to a "Host Resort" or to NH , NH may suspend or terminate the NH Membership without further obligation.
• NH is not liable for any damage, loss or theft of personal property or personal or bodily injury that occurs with respect to a NH Member's visit at the Host Resort.
• NH's liability, if any, in connection with a NH Membership and participation in the NH Membership is limited to the annual membership fee and the cost of a Vacation Week paid to NH by the NH Member.
• All rules and regulations of the Host Resort, as well as these Terms & Conditions must be adhered to by all NH Members. Violation of same may result in cancellation of the NH Membership, at NH's sole discretion, and loss of all fees/costs paid to NH.
• If the accommodations for which a Vacation Week confirmation is provided becomes unavailable due to natural disaster, act of God, war or insurrection, or any other reason beyond NH's control, the NH Member waives any and all claims against NH.
• Complaints regarding a Vacation Week must be made to NH within forty-eight (48) hours after the commencement of the Vacation Week, otherwise NH Members will be deemed to have accepted the Vacation Week as satisfactory.
11. All published and printed Host Resort information is obtained from the respective Host Resort, and is accurate and complete to the best of NH knowledge. NH is not responsible for erroneous or omitted Host Resort information and all representations set forth within the brochures and literature are the sole presentation of the respective Host Resort.
12. The NH Member understands and consents to be contacted by employees or agents of NH or it's affiliates in connection with the offer of various products and services through telemarketing or direct mail solicitations.
13. Time is of the essence; NH may change weeks from time to time. NH Members will be notified of any such changes. NH is bound only by representations that it makes concerning NH Membership and is not responsible for contrary or conflicting representations made by any other person or agent.
14. This agreement is effective when accepted by NH, and shall be governed exclusively by the laws of the State of Florida . Any action at law or inequity by a NH Member, or guest to seek a remedy pursuant to the Terms & Conditions of this Agreement and/or NH Membership must by submitted exclusively to the jurisdiction of the courts of Volusia County, Florida. In the event an action at law is initiated by a NH Member and NH prevails, the NH Member shall pay all costs incurred by NH in defending such action, including reasonable attorneys' fees.
