IMPORTANT This is a legal agreement between you the user of this website and www.buyarubatimeshares.com ("the Website") and its owner Independent Timeshare Resale Realty Inc. (ITR) (the company).
Please read the following General Terms and Conditions carefully.
REGISTRATION BY TIMESHARE OWNERS
This website is operated by, Independent Timeshare Resale Realty Inc.(ITR) an Aruba corporation registered at the chamber and with offices; Cuquisastraat 22, 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 should not use this website.
From time to time www.buyarubatimeshares.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 sale and in general for communicating with respondents to your timeshare advertisement and the company.
Any use outside the context of what is permitted to visitors and individual timeshare resellers 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 sale on this site, by doing this you have to agree to abide by either the terms of the: “Advertisement Agreement” for timeshare owners who only will advertise their timeshare for sale on the website; or the:”Owner Resale Listing Agreement” for timeshare owners who assign ITR to sell their timeshare share for them. You will also be required to fill in a form, which requires you to fill out your contact and timeshare information. The company agrees not to use this information in any other way than to maintain contact with you.
You must be at least 21 years of age to be able to register a timeshare for sale and or purchase a timeshare, on this website.
You are responsible for the accuracy of the information supplied as well as all and any details provided by you on the 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 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 other contaminating or destructive material to be transmitted from you to the Website and promise to scan and delete any such items before submitting any information to the Website.
FOR TIMESHARE OWNERS SELLING ON THEIR OWN
As a timeshare owner you are permitted to list any timeshare owned in Aruba on this Website by paying an advertising fee to ITR. The advertising fee is set at this moment at US $ 25.00 for twelve months for each timeshare week registered. This sum may increase over time. Any increase will be posted on the website and will not affect owners that have already posted their timeshare on the website.
All persons interested in your listing(s), will contact you directly via the contact information that you post in your listing on the Website. All negotiations between you and the buyer will be private, ITR, its agents, representatives do not get involved in this and cannot be held responsible or liable for any potential liability which may result from this.
Prior to listing any timeshare for sale on the Website, you will be required to accept the terms of the “Advertisement Agreement”. These terms, form an integral part of the General Terms and Conditions for using this website, as outlined herein.
FOR TIMESHARE OWNERS SELLING THROUGH ITR.
As an Aruba timeshare owner you are permitted to grant ITR the right to represent you in selling your timeshare(s). If ITR is able to find a buyer for your timeshare(s), then you will be charged a commission of 15% of the selling price and a closing fee of $ 125.00 per contract irrespective of the amount of weeks being purchased in the contract. The commission and the closing fee will be deducted from the sale price for the timeshare, prior to submitting the balance to you. There is no listing fee or advertising fee when you assign ITR the right to sell your timeshare on your behalf.
When ITR finds a buyer for your timeshare and they have made the required down payment, we will notify you of this immediately. We will then send you a statement, outlining the details of the sale as well as the amount you will be receiving from the sale. You will be required to acknowledge this statement as correct.
Once the statement has been acknowledged by you as correct, the amount to be paid to you cannot be changed by you under any circumstances. This amount can only be changed if during the period that you acknowledged the statement and prior to payment being made to you by ITR, your resort informs ITR that you still owe them an amount on the timeshare, and which amount would have to be paid prior to them transferring the timeshare into the name of the buyer.
After re-confirmation with the resort that you do not owe them anything, we will send you the resort transfer form for you to sign notarize and return to us.
When we receive the certified bank check in your name from the buyer and we have also received back from you the resort transfer form; we will then send the certified bank check to you and give a specific time period to clear it. Once the allotted time period has passed, we then proceed to send the transfer form to the resort, to have the resort transfer the timeshare into the name of the buyer(s).
By listing your timeshare for sale through ITR, you grant the Website the authority to subtract any amount owed by you and pay this to the resort or finance company, so as not to obstruct the sale. Any obstruction by you the owner of the timeshare being sold and which results into any damage being claimed by the buyer(s) will make you 100% liable to pay this amount.
Prior to subtracting any amount from payment to be made to you, ITR will always give you the opportunity to re-confirm with your resort any amounts they claim you owe.
Prior to listing any timeshare for sale on the Website, you will be required to accept the terms of the “Owner Listing Agreement”. These terms, form an integral part of the General Terms and Conditions for using this website, as outlined herein.
The timeshares listed for sale on this Website belong to independent timeshare owners and do not belong to the Company ITR. All information regarding the timeshares listed on the Website has been submitted by their owners and may contain errors 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.
You are able to purchase timeshares listed on this website in two ways.
You are able to purchase directly from timeshare owners who have advertised their timeshare for sale on the website. In such a case you will be dealing directly with the timeshare owners and all agreements made with the timeshare owner, with regard to the use of the timeshare being purchased, financial arrangements, the form of payment or any other conditions is between you and the timeshare owner; neither the company nor the Website has any involvement in this and cannot be held responsible or liable in the event any problem that may arise in your dealings. As a measure of protection, you can request ITR to handle the closing on your behalf of a timeshare you are purchasing from a private owner. We will then charge you a fixed fee of US $ 250.00; besides this amount, you will also have to pay the resort transfer fee. (If purchasing a Marriot timeshare, there is an additional fee +/- $ 100 that must be paid to Marriott when requesting: Marriott Right of First Refusal)
You can also purchase a timeshare through ITR, which timeshare(s) was assigned by its owner to ITR to sell on their behalf. In such a case, ITR will be responsible to verify all the information submitted by the seller(s) for accuracy as well as handle all the necessary procedures and paperwork until the timeshare is transferred into your name by the resort. The only other fee you will have to pay besides the purchase price and the resort transfer fee is: a closing fee of US $ 125.00 charged by ITR per contract irrespective of the amount of weeks being purchased in the contract. 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 purchasing a timeshare listed on this site from a seller on the Website whom you contacted directly. In the event you are purchasing a timeshare which is being sold by ITR on behalf of an owner; then ITR can be held maximum liable for any gross negligence on its part; to reimburse you your entire purchase price for the timeshare as well as all other fees paid by you in the purchase. The Company and the Website exclude any liability whether in contract, by negligence or otherwise for any incorrect or misleading information on the Website.
PAYMENT OF TIMESHARE PURCHASED THROUGH ITR
All timeshares being purchased through ITR must be paid for in full within 30 days of signing the purchase agreement, unless otherwise agreed upon by the seller(s) and buyer(s).
Payment is made as follows; upon signing of the purchase agreement, a down payment of fifteen percent (15%) of the purchase price along with the closing fee (US $ 125.00) must be paid by the buyer(s); within 30 days thereafter, the balance of the purchase price must be paid along with the resort transfer fee. These amounts must be paid either by wire transfer to the account specified in the purchase agreement or by certified bank checks in the name of the seller(s) and the resort, respectively.
Where payment is overdue by a buyer(s) that has selected one or more timeshare weeks to be purchased on the Website, the Website reserves the right to: cancel the purchase and keep all sums paid thus far as compensation for damages incurred.
A purchase is considered overdue, when payment for the entire amount plus closing fee and resort transfer fee, has not been received by the company/Website maximum 10 calendar days after it was due; or as was agreed upon by the seller(s) and buyer(s) in the purchase agreement.
As a timeshare purchaser you hereby acknowledge that you are aware that there is a yearly maintenance fee that you must pay to the resort you are purchasing your timeshare at. Besides this yearly maintenance fee, you agree to pay the daily government tax as well as energy surcharge when using the resort, which is charged to you by the resort upon check-in.
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 sell their timeshares and www.buyarubatimeshares.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 sale 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 have 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 Terms without prior notice to you.
Nothing in these Terms and Conditions shall operate to exclude or restrict either party's liability from willful negligence or fraudulent misrepresentation.
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 by the Company.
The timeshares listed for sale in this website belong to independent owners and do not belong to the company or Website. All information regarding the timeshares listed on the Website has been submitted by their owners and may contain errors and or mistakes.
The Company and Website will at all times endeavor to get verification from the resort where the timeshare is owned at, to ascertain that all information that has been posted on the Website is correct. However the Website, its employees, its agents, representatives, cannot be held liable under any circumstances for any omission or misrepresentation made by any timeshare owner when posting his/her/their timeshare for sale on the site.
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.
While at the resort, you will be responsible to abide by their rules and regulations as well as be responsible to pay for all expenses made by you and your guests, which are not related to the purchase of the timeshare. You will also be responsible for any damages that you and or your guests incur at the resort. The Company, the Website, its employees, agents, representative, cannot 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 purchased.
You agree that should any liability arise against the company and or the Website under these Terms and Conditions, your sole remedy in respect of any claim shall be in relation to the timeshare purchased, and, shall in all cases be limited to the price paid for the purchase of the timeshare, and shall only be available in the event the timeshare is transferred to ITR.
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 indirect special losses being claimed by any timeshare owner who has listed their timeshare for sale; either on their own or through ITR on the website.
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 use, 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 Terms and Conditions.
No waiver by the Website or of any breach or any obligation arising under these Terms and Conditions shall constitute a waiver of any breach of other obligations; and no failure by the Website to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
If any part of these Terms and Conditions 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 Terms and Conditions will remain valid and enforceable
In the event of a "Force Majeure Event" beyond the control of the Website, including but not limited to acts of nature, 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 Website shall not be held liable for any delay or failure to carry out any of its obligations under these Terms and Conditions.
The Website shall have no liability for any delay or failure to carry out any of its obligations under these Terms and Conditions if a Force Majeure Event has occurred.
In any of the above mentioned scenarios, the Website will endeavor to restart operations as quick as it may be possible. In the event the Website 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 site.
In the event of a temporary shutdown of the Website, this shall not exempt you from any
obligation of payment under any circumstances that you have made under these Terms and Conditions.
ACCESS TO THE WEBSITE
Independent Timeshare Resale Realty Inc (ITR) as the owner of the Website, retains the right to
Block your access to it any time at its own discretion.
These Terms and Conditions together with any documents referred to in them constitute 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 Terms and Conditions 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 Terms and Conditions 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.