GENERAL TERMS AND CONDITIONS FOR USING THIS WEBSITE
IMPORTANT This is a legal agreement between you the user of this website and www.rentarubatimeshares.com ("the Website") and its owner INDEPENDENT TIMESHARE RESALE REALTY N.V. (the company).
Please read the following GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE carefully.
This website is operated by INDEPENDENT TIMESHARE RESALE REALTY N.V., an Aruba corporation registered with registration at the chamber of commerce # 28380.0 and with offices; L.G. Smith Blvd 160 - Suite 125, Oranjestad, Aruba Dutch Caribbean.
By using this website, you agree to the general terms and conditions outlined herein. If you do not agree with these Terms and Conditions, you may not use this website.
- From time to time www.rentarubatimeshares.com may modify these Terms and Conditions without prior notification. In such a case, the new Terms and Conditions will be posted on this website.
- You agree to be bound by the present Terms and Conditions and any eventual modification to such as may occur. It is important that you continue to review the website for any modifications in the Terms and Conditions.
- The Website may only be used by you for posting your timeshares for rent, renting timeshares and in general for communicating with us.
- Any use outside the context of what is permitted to visitors to the site is prohibited and the Website reserves the right to block your access to use the Website if there are enough reasonable grounds suspecting you of breaching these terms.
- As a timeshare owner you are allowed to register your timeshare for rent on this site, by doing this you have to agree to the terms of the:”Owner Listing Agreement” which is posted on this site; fill out a form, which requires you to submit your contact and timeshare information. The company agrees not to use this information in any other way than to maintain contact with you with.
- You must be at least 21 years of age to be able to register a timeshare for rent and or rent a timeshare, on this website.
- You are responsible for the accuracy of the information as well as all and any details provided by you on this Website. .
- When registering on The Website, you will be asked to select a user name and password. You are responsible for the use and security of your password and login ID. We strongly advise that you keep this information confidential.
- You are not allowed to assist any unauthorized individuals, companies, institutions to access the Website for unlawful or improper purposes, neither transfer or give out your password to any person or entity
- In the event of a security breach we will do our outmost to assist you immediately however we cannot be held liable for any damages caused to you. To insure maximum security, we suggest you change your password periodically.
- As a user of the Website, you will at all times endeavor not to allow any virus or any otheror destructive material to be transmitted from your online devise to the Website and promise to scan and delete any such items if detected before submitting any information to the Website.
- As an owner of a timeshare posting your timeshare for rent on the Website, you agree to abide by the terms as outlined in the: “Owner Listing Agreement.
- As an individual, company or institution renting a timeshare which has been posted for rent on the Website, you agree to abide by the terms as outlined in the: “Renter Use of Website Statement”.
WARRANTY RESPECTING THE WEBSITE AND ITS CONTENT
The Website and its content are provided on a free basis by itself and timeshare owners who wish to rent out their timeshares. www.rentarubatimeshares.com reserves the right to change, suspend or discontinue the Website at any time.
Subject to the provisions of these Terms and Conditions in relation to the timeshares listed for rent on the Website;
- all warranties and conditions, whether express or implied by statute, common law or otherwise as to the accuracy, timelessness or completeness of any information or material on the Website are excluded to the extent permitted by law;
- the company and the Website exclude any liability whether in contract, by negligence or otherwise for any incorrect or misleading information on the Website except as set out in these Terms and Conditions;
- the company and the Website will not be liable to you or any third party resulting from any none authorized access to the Website;
- the company and the Website will not be liable to you or any third party resulting from your failure to keep security information secret;
- the company and the Website do not warrant that the Website is compatible with your computer equipment or that the Website or its server(s) is free from errors, viruses, worms, Trojan horses or other destructive code and neither the company or the Website is not liable for any damage you may suffer as a result of such destructive features;
- the company and the Website shall not be held responsible, for content provided by third parties or for the content of third party sites to which there is a link in the Website;
- the company and the Website is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website; and does not give any warranty in respect of the state, condition or quality of these.
- none of the photographs or illustrations of the resorts, timeshare units, individuals, third parties, which the Website may make available should be relied upon to give an accurate or full depiction of them; accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion is otherwise prohibited by any law
CHANGES TO THE WEBSITE
You accept that the company and the Website have the right to change the content or technical specifications of any aspect of the Website at any time at their sole discretion.
You further accept that such changes may result in you not being able to access the Website during the time period that such changes are being made and that the Website may even need to suspend its operation from time to time to carry out maintenance and make upgrades.
You may not assign your rights or delegate your duties under these Terms and Conditions.
The Website and or company may assign its rights or delegate its duties under these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE without prior notice to you.
TERMS OF RENTER’S USE OF WEBSITE
As a renter of a timeshare appearing on this website you agree to the following:
- The timeshares listed for rent in this Website belong to independent timeshare owners and do not belong to the Company orAll information regarding the timeshares listed on the Website has been submitted by their owners and may contain errors and or mistakes.
- Any timeshare listed on this Website is being rented by you out of your own free will and directly from its owner. All agreements and financial arrangements are made between you and the owner privately; neither the company or the Website have any involvement in this.
- None of the photographs or illustrations of the timeshare resorts, timeshare units, their surroundings or of any other third party which the Website may make available should be relied upon to give an accurate or full depiction of their state or condition.
- The Company and the Website exclude any liability whether in contract, by negligence or otherwise for any incorrect or misleading information on the Website.
- The only involvement of the company and the Website in the rental transaction is; that the Website will forward your contact information to the timeshare owner so that the both of you can negotiate the rental. Any and all agreements made with the timeshare owner, with regard to the use of the timeshare being rented, the form of payment or any other conditions is between you and the timeshare owner.
- You hereby agree to hold the company, its website, its employees, its agents and representatives completely free from any claims of any nature whatsoever that might arise from renting a timeshare listed on this site.
- Prior to renting any timeshare listed on this Website, you will be required to agree with the above terms and conditions. The terms and conditions above, form an integral part of the GENERAL TERMS ANDFOR USING THE WEBSITE as outlined herein.
TERMS FOR TIMESHARE OWNERS TO LIST THEIR TIMESHARE
As a timeshare owner you agree to post your timeshare for rent subject to the following:
- The Owner is allowed to place as many timeshare weeks as his owns at any resort in Aruba on the website free of charge. No listing fee or rental commission will be charged to the owner.
- The Owner(s) warrants and represents that he/she/they has/have good title to; and has the right as well as the right to rent the listed Timeshare week(s) without any violation of any rules and regulations of the resort owned at; or Aruba law.
- The Owner(s) agrees to hold the Company, its website, its representatives, agents and employees harmless against any and all claims and/or liabilities resulting from any eventual dispute with any person that he rents his timeshare too.
- The owner hereby grants authorization to the Company to list the Timeshare week(s) for rent, this website. www.rentarubatimeshares.com and on any other websites that the Company has a working relationship with no charge ever to the owner.
- This agreement has a duration of a period of up to and including any rental week(s) mentioned herein, except for paragraph 3, which shall have a duration for an indefinite period.
- The Owner(s) hereby acknowledges having read and understood the above conditions as well as declares that all the information supplied by him/her/them is truthful.
- The parties hereto hereby warrant that this is the entire agreement between them and that there are no other obligations and/or commitments made, expressed or implied other than those written in this agreement.
- Prior to listing any timeshare for rent on the Website, you will be required to agree with the above terms and conditions. These terms, form an integral part of the GENERAL TERMS ANDFOR USING THE WEBSITE as outlined herein.
- Nothing in these GENERAL TERMS ANDFOR USING THE WEBSITE shall operate to exclude or restrict either party's liability from willful negligence or fraudulent misrepresentation.
- You hereby acknowledge that you are renting any timeshare listed on this website of your own free will and directly from its owner.
- You hereby acknowledge that you have not relied upon any representation made to you by the Website, its employees or agents in relation to any timeshare listed herein, unless such representation has been confirmed to you in writing.
- The timeshares listed for rent in this website belong to private owners and do not belong to the Website or theAll information regarding the timeshares listed on the Website has been submitted by their owners and may contain errors, omissions and or mistakes.
- None of the photographs or illustrations of the timeshare resorts, timeshare units, their surroundings or of any other third party which the Website may make available should be relied upon to give an accurate or full depiction of their state or condition. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion is otherwise prohibited by any law.
- The company neither the Website, its employees, agents or representative, can be held responsible for any loss or theft of items, or accident of any nature whatsoever that you and or your guests may suffer while using the timeshare that has been rented.
- You agree that should any liability arise against the company and or the Website under these GENERAL TERMS ANDFOR USING THE WEBSITE, your sole remedy in respect of any claim shall be in relation to the timeshare rented, and, shall in all cases be limited to the price paid for the rental of the timeshare, and shall only be available in the event the timeshare has not been used.
- The company neither the Website shall not under any circumstances be liable for any:
loss of business or business opportunities; loss of profits; loss of data; damage to goodwill; direct or any indirect special losses.
INTELLECTUAL PROPERTYAND OTHER RIGHTS
- Any and all Intellectual Property rights; which shall include patents, inventions, know-how, trade secrets, customer contact information and other confidential information, registered designs, copyrights, database rights, design rights, database rights, semiconductor topography rights, trademarks, service marks, logos, domain names, business names, trade names, all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, shall remain the property of the company and the Website.
- You will not acquire any rights or licenses in or to the Company, the Website, the Intellectual Property or any other content other than the limited rights to use the Website in accordance with these Terms and Conditions.
- You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, download or in any other way exploit any part of the Website and/or its content.
- You are allowed to download and make copies of any material as far as this is permissible in these Terms and Conditions and as long as you are subjected to the copyrights in this document and shall remain bound by the Terms and Conditions of such wordings and notices.
- You hereby agree that the Website and company may, copy, reproduce, distribute, adopt, load, store, transmit, communicate, display, maintain and enhance any data you provide to it.
You understand and agree that no relationship of agency, partnership, joint venture or employee/employer is intended or created by these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE .
No waiver by the Website or of any breach or any obligation arising under these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE shall constitute a waiver of any breach of other obligations; and no failure by the Website to exercise its rights in a given situation (remedy) shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
If any part of these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE are held to be invalid void or unenforceable by law, the parties agree that the remaining portions will not be affected thereby and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE will remain valid and enforceable.
In the event of "Force Majeure Event" beyond the control of the company or the Website, including but not limited to fire, explosion, adverse weather conditions, hurricane, flood, earthquake, terrorism, riot, civil uprising, war, hostilities, strikes, work stoppages, slow-downs or any other disputes, accidents, riots, acts of government, lack of electricity and delays by suppliers or materials shortages, the company and the Website shall not be held liable for any delay or failure to carry out any of its obligations under the Terms and Conditions outlined herein.
The company neither the Website shall have no liability for any delay or failure to carry out any of its obligations under these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE if a Force Majeure Event occurs.
In any of the above mentioned scenarios, the company will endeavor to restart operations as quick as it may be possible. In the event the company is not able to or decides not to continue with its operations for an extended period of time, a notice will be placed on the Website.
In the event of a temporary shutdown of the Website, this shall not exempt you from any obligations that you have made under these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE.
ACCESS TO THE WEBSITE
The company as the owner of the Website, retains the right to block your access to.
it any time at its own discretion.
These GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE together with any documents referred to in them constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any other agreement.
By agreeing to these GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE outlined herein and any of the documents referred to herein, you acknowledge that you have not relied on, neither shall have no recourse with respect to any statement, representation, warranty or understanding (whether negligently or innocently made) other than those expressly set out in these Terms and Conditions.
GOVERNING LAW AND JURISDICTION
These GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE shall be governed by the laws of Aruba and shall be subject to the exclusive jurisdiction thereof. In the event of any legal dispute between the parties hereto, in connection with these Terms and Conditions, the prevailing party will have the right to recover reasonable attorney fees.