I, the undersigned Owner of the above described Vacation Ownership week ("VO" or "Use Week"), hereby authorize
Grand Pacific Resort Management, ("GPRM") to rent such VO on my behalf, upon the following conditions:
TERMS AND CONDITIONS
1. TERM. This Agreement is intended to be an annual contract, to be in
effect from the date of execution through the date of occupancy for the
Use Week that is the subject of the Agreement. After the date of
occupancy has passed, a new agreement must be submitted should Owner
wish to participate in the GPRM rental program for the next year. Each
separate Use Week that the Owner wishes to rent through GPRM must be
the subject of a separate Agreement. This Agreement encompasses solely
the Use Week identified above.
2. PURPOSE. This Agreement shall govern the rights and obligations of
the parties with respect to the rental of Owner's VO during any year that
Owner desires to participate in GPRM rental program and so notifies the
Central Reservations Department in writing. Rental Agreements will be
accepted up to one year in advance of the occupancy date for the Use
Week to be rented.
3. EXCLUSIVE AGENCY. By executing this Agreement, Owner forfeits
the right to concurrently employ another rental agent or to commit the
VO to any exchange organization, such as RCI or Interval International.
4. OWNER RESERVATION. Owner is required to advise the Central
Reservations Department of his/her intention to participate in the GPRM
rental program at least six (6) weeks in advance of occupancy date, and as
early as 18 months in advance for best results. When entering into the
rental agreement, Owner acknowledges that we reserve the right to
change unit numbers in order to accommodate various guests. Should
Owner utilize a portion of the use week, Owner is guaranteed a unit type
but will not be guaranteed unit number owned.
5. NON-GUARANTEED RENTAL. Owner acknowledges that GPRM can
neither guarantee that Owner's VO will be rented, in whole or part, nor
rented at an established rate. GPRM agrees to use best efforts to rent the
entire VO at the best possible rate, but reserves the right to rent less than
the entire VO and to quote rates less than suggested rates.
GPRM'S DECISION AS TO NUMBER OF DAYS RENTED AND BEST
POSSIBLE RATE FOR ALL PURPOSES OF THIS AGREEMENT SHALL
BE AT THE SOLE DISCRETION OF GPRS AND FINAL.
6. SALE OR TRANSFER OF VO. In the event that the VO is sold, Owner
agrees that sale shall be made subject to any and all pending rental
reservation(s) under this Agreement and Owner shall immediately notify
the Resort and Central Reservations Department of the sale.
7. NOTIFICATION OF NON-RENTAL. Owner Rental Department will
provide notification of rental status 30 days prior to check in and again
seven (7) days prior to check. Phone calls will NOT be accepted to inquire
as to status of rental. All requests must be in writing by either email at
OwnerRentals@GrandPacificResorts.com or faxed to (760) 828-4243.
8. QUESTIONS AND REQUESTS FOR INFORMATION. Owner
acknowledges that all questions and requests for information, including
accounting, which may arise in connection with this Agreement, shall be
directed via email to OwnerRentals@GrandPacificResorts.com, faxed to
(760) 828-4243 or call (800) 831-3027.
9. INDEMNIFICATION BY OWNER. Owner shall indemnify
Homeowners Association ("Association") and GPRM holding them
harmless from any losses or damages that the Association or GPRM may
incur as a result of this Agreement or any failure by Owner to perform its
obligations hereunder. Association or GPRM may withhold any rental
received to partially protect itself against loss.
10. DEDUCTION BREAKDOWN FROM RENTAL PROCEEDS.
A. Administrative Fee. Owner hereby expressly authorizes GPRM to
deduct 40% of the gross rent as a fee payable after any applicable credit
card surcharges and or package fulfillment have been deducted.
- Administration/Operations/Sales & Marketing. Administrative fees
will cover all expenses incurred as a result of staff, salaries and wages for
reservations, payables, receivables, telephone, operating supplies,
marketing (ie; mailings, collateral material and online and offline
B. Homeowners Association Supplemental Contribution.
of five percent (5%) will be deducted from the GPRM proceeds portion
which will be payable to your resort Homeowners Association.
C. Travel Agencies at Commissionable Rates.
Owner Rental Department is
hereby authorized by Owner to utilize all travel-related agencies such as
ResorTime.com at industry-wide commissionable rates. Commissions shall
be deducted from the gross rent prior to any revenue split between the
GPRM and Owner.
11. ADVANCE PAYMENT. Payment in full will be required for all weekly
rentals at least seven (7) days prior to arrival date. The disposition of any
refund request by renter will be at sole discretion of the Manager of the
Resort where the VO is located.
12. CANCELLATIONS/FORFEITURE OF DEPOSITS. In the event a
reservation cancellation is received by GPRM more than seven (7) days
prior to check-in for weekly rentals and seven (7) days prior to check-in
for nightly rentals, the reservation deposit shall be refunded to prospective
renter in full. Any cancellations received after the noted cancellation
periods will result in forfeiture of the deposit collected with 60% paid to
Owner and 40% to GPRM. Based on Management's discretion, we reserve
the right to allow cancellations of rental guest within seven (7) days based
on extenuating circumstances that may need to be confidential.
13. ACCOUNTING. All accounting required under this Agreement will
be completed within twenty one (21) days of the last day of interval
rented. If Use Week falls within two (2) separate monthly periods, then
two (2) separate checks will be sent within twenty one (21) days of
interval rented. All inquiries regarding the status of rental, commissions
or any other accounting related function must be submitted via email at
OwnerRentals@GrandPacificResorts.com or faxed to (760)828-4243.
14. IN-HOUSE AUTOMATED BANKING PROGRAM. UPON
PROVIDING MY CONSENT AS INDICATED BELOW, Grand Pacific
Resort Management, Central Reservations Department shall deposit my
week into the Grand Pacific Exchange Program (GPX) 14-30 days prior to
the start date of the Use Week (If my week has not rented for a minimum
of three (3) nights.) Owners will have two (2) years from date of deposit
to redeem an exchange week directly through GPX. Owner will not be
required to pay any membership fees in connection with said exchange,
and will, however, be subject to associated exchange fee: $169 Domestic,
$189 International (rates subject to change). GPX is an internal GPR
Please select one of the following by Initialing in Space Provided
I want to automatically bank my week with GPX if fewer than
three (3) nights have been rented and the start date is within 14-
30 days, depending on demand and season. I understand I will not
receive any rental income if my week is banked with GPX.
I do NOT want to have my week automatically banked with GPX
and will take full responsibility for utilizing other options for my
week should any part not be rented.
15. TERMINATION. Pursuant to the provisions of this Paragraph, this
Agreement may be terminated should Owner wish to terminate to; rent,
use or bank his/her Use Week with any other exchange company. Owner
must submit request in writing to have the Use Week removed from
GPRM's rental program. The request will be granted only if, the VO has
not already been rented or reserved, in whole or in part. It is agreed that it
would be impractical and/or extremely difficult to fix or establish the
actual damage sustained as a result of termination more than thirty days
prior to the occupancy date for the Use Week that is the subject of this
Agreement. Consequently, it is agreed that a $50 fee will be assessed for
any requests more than 30 days prior to the start date of the Use Week.
The fee is intended to compensate GPRM for the marketing and/or
administrative costs associated with efforts to rent the VO. No fee will be
assessed for terminations less than thirty days prior to the date of
occupancy for any Use Week that at the time of termination has not been
rented, in whole or in part.
Please Initial Here:
16. TAXES. All GPRM resorts are located within a governmental
jurisdiction that imposes a tax, based on any rental revenues, and such tax
shall be collected from the renter by GPRM.
17. BEST EFFORTS. GPRM agrees to make every reasonable effort to
rent Owner's VO. Owner agrees to indemnify and hold the Association, its
Board of Directors and employees, Grand Pacific Resort Management, its
officers and employees, harmless against and from any and all claims,
demands, and liabilities which may arise in connection with the rental of
Owner's VO. Owner specifically relieves GPRM from any liability in
connection with non-rental of Owner's VO.
18. LOSS OF RENTAL RIGHTS. In the event Owner shall become
delinquent in the payment of any money owed to the Association prior to
the rental dates and such delinquency shall remain unpaid as of the first
day of the rental period, Owner shall lose the right to any rental income
generated, which rental income shall be deposited into the Association's
operating account, less the Administrative Fee paid to GPRM.
Under these circumstances, neither GPRM nor the Association shall
have any obligation to apply any portion of the rental income to
Owner's delinquent account.
19. PROPER AUTHORITY. Owner warrants that it possesses the
requisite power and authority to enter into and perform its obligations
under this Agreement on behalf of all persons in title of Owner's VO. If
Owner owns multiple VOs, Owner must execute and submit a separate
Rental Agreement for each VO.
20. TELEMARKETING CONSENT. By executing this Agreement, Owner
acknowledges a business relationship with Grand Pacific Resorts, Inc.,
Grand Pacific Resort Management, and ResorTime.com L.P. (all of whom
may be involved in one way or another in the effort to rent the VO that is
the subject of this Agreement.) By executing this Agreement, Owner
provides express consent, permission and authorization to be contacted
by telephone by any of the entities above with regard to product and/or
service offerings, at the phone number listed above, until such consent is
revoked by request to be placed on the company specific "Do-Not-Call
List" maintained by each separate company.
Note: Such a request must be directed to each separate company; a request
to one company will not result in your being placed on any other
company's specific "Do-Not-Call" list.
21. CHARGE BACKS. GPRM now offers the ability for Owners to
eliminate risk of losing confirmed rental income due to rental guest credit
card chargebacks or insufficient funds.
Please select one of the following (required)*
I wish to OPT IN to the Optional Rental Income Guarantee and will
not be responsible in the event of a charge back by the guest(s) who
rent my week. Enclosed is my payment for $24.95.
I wish to OPT OUT of the Optional Rental Income Guarantee and
take full responsibility in the event of a charge back which may
result in my rental income being forfeited and/or paid back to my