Resolving customer concerns where reasonably possible to do so is important to us. If you have a concern that has not been resolved, you may contact Owner Services at (888) 477-6967. If we cannot agree on a resolution, then any dispute must be resolved as set forth herein.
By making a reservation, using the resort website, checking in, visiting, entering, participating in activities, and/or staying at XXXX Resort (“Attendance”), you acknowledge and assume all risks associated with your Attendance. You further agree to release, indemnify, defend, hold harmless, and discharge [XXXXXX Association], Grand Pacific Resort Services, L.P., and their respective affiliates, parent companies, subsidiaries, officers, directors, employees, agents, volunteers, participants, and all other persons or entities acting on their behalf, from any and all liability, claims, demands, actions, or causes of action, whether known or unknown, arising out of or related to your Attendance, on behalf of yourself and any minors, guests, or invitees under your care, as well as your heirs, assigns, agents, personal representatives, and estate.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
1. Agreement to Arbitrate.
You and [XXXXXX Association] (“the Parties”) agree that any dispute, claim, or controversy arising out of or relating to your Attendance, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved exclusively by binding arbitration between you and [XXXXXX Association], except that each Party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
2. Applicable Rules and Administrator.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and Mediation Procedures (the “Rules”), or if AAA is unable to serve, by Judicate West. The Rules are available at https://www.adr.org/rules-forms-and-fees/consumer/.
3. Arbitration Rules and Governing Law.
The arbitration will be decided by a single neutral arbitrator. The parties agree that this transaction involves interstate commerce and that this arbitration provision shall be governed by the Federal Arbitration Act (“FAA”) and resolved under state substantive law. The arbitrator shall have the authority to award the same damages and relief on an individual basis that a judge in a court of law would have the authority to award (including injunctive relief, punitive damages, and statutory damages).
4. Arbitration Fees.
[XXXXXX Association] will pay all arbitration fees and costs (including filing, administrative, hearing, and arbitrator’s fees) that you would not otherwise be required to pay if the dispute were decided in a court of law. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the applicable Rules.
5. Waiver of Jury Trial.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
6. Class Action Waiver.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. Unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
7. Venue.
The arbitration hearing shall be conducted in San Diego County, California, or at another mutually agreed location. To reduce costs and burdens, the parties agree that arbitration may be conducted via videoconference, telephone, or written submissions to the extent permitted by the arbitrator.
*RESORT*
Canyon Rim at Eagle Crest
Capistrano Surfside Inn
Carlsbad Inn Beach Resort
Carlsbad Seapointe Resort
Channel Island Shores
Club Tahoe Resort
Coronado Beach Resort
Grand Pacific Palisades Resort
Hanalei Bay Resort
Makai Club Resort
Olympic Village Inn
Red Wolf Lakeside Lodge
Red Wolf Lodge at Olympic Valley
Riverpointe Napa Valley
San Clemente Cove
San Clemente Inn
San Diego Country Estates
Southern California Beach Club
Tahoe Sands Resort
Villa L’Auberge
Vista Mirage Resort
Wave Crest Resort
*ENTITIES*
Eagle Crest Vacation Resort Owners Association
Capistrano Surfside Inn Vacation Plan Owners Association
Carlsbad Inn Vacation Condominium Owners Association; Carlsbad Inn, LLC
Carlsbad Seapointe Resort Owners Association, Inc.
Channel Island Shores Vacation Plan Association
Club Tahoe Resort Owners’ Association, Inc.
Coronado Beach Resort Owners Association, Inc.
Grand Pacific Palisades Owners Association, Inc.
Hanalei Bay Resort Vacation Owners Association; Association of Unit Owners of Hanalei Bay Resort
Association of Unit Owners of Makai Club at Princeville; Association of Unit Owners of Makai Club Cottages at Princeville; The Makai Club; The Cottages Interval Owners Association
Village Inn Owners’ Association
Red Wolf Lakeside Lodge Owners Association, Inc.
Squaw-Tahoe Resort Time Interest Owners’ Association
California Vacation Club
San Clemente Cove Vacation Owners Association
San Clemente Inn Vacation Plan Owners Association
San Diego Country Estates Timeshare Owners Association
Southern California Beach Club Vacation Owners Association
Tahoe Sands Times Share Owners Association
Villa L’Auberge Del Mar Owners Association, Inc.
Vista Mirage Interval Owners’ Association, Inc.
Wave Crest Owners Association