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Dial An Exchange Terms and Conditions
This Disclosure Guide to the Dial An Exchange Timeshare, Vacation Ownership & Points Clubs Exchange Service (the “DAE Exchange Program”) is provided for the purpose of describing the DAE Exchange Program- North American Operations, which DAE is offering to Resort Week Owners. DAE recommends that Resort Week Owners thoroughly review the information provided in this Disclosure Guide to ensure full understanding of the terms, conditions, operation and use of the DAE Exchange Program. The Effective Date of this Disclosure Guide is June 1st, 2020.
A. DEFINITIONS
Accommodation. Any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure, which is real or personal property and designed for overnight occupancy by one or more individuals in connection with any Timeshare Plan.
Additional Benefits. Benefits, in addition to the right to make Exchanges and reservations of Bonus Time, which may from time to time be made available in connection with the DAE Exchange Program, including, for example, Gold Advantage Benefits.
Bank and Save Option or Deposit First Option. The process by which DAE Members may deposit (bank) their Resort Weeks into the DAE Week Pool and receive an Exchange Credit which is valid for three (3) years from the date of deposit and is available to exchange at a future date.
Bonus Time. Deposited Weeks that have not been booked in connection with a Confirmed Exchange by a date determined by DAE, which are made available by DAE in its sole discretion to DAE Members upon payment of the Bonus Time Price or upon the Exchange of a Resort Week.
Bonus Time Price. The price required to be paid by a DAE Member to reserve and use Bonus Time.
Cancellation Protection Option or CPO. The option to choose the ability to cancel a Confirmed Exchange.
Confirmed Exchange. An Exchange which has been accepted by the DAE Member, for which the applicable Exchange Fee has been paid, and which has been confirmed by written posting by DAE.
Credit Extension Fee. The fees paid by DAE Members to extend an Exchange Credit for up to 6 months from the original expiration date.
Currently Enrolled DAE Members. Resort Week Owners who have registered to be DAE Members and who maintain continued ownership of their Resort Weeks.
DAE or Exchange Company. Dial an Exchange, LLC, an Arizona limited liability company, which owns and operates the DAE Exchange Program. Use of the words “we” or “us” throughout this Disclosure Guide refers to DAE.
DAE Exchange Program or DAE Program. The Dial An Exchange Timeshare, Vacation Ownership & Points Clubs Exchange Service, an interval-based program of facilitating exchanges of Resort Weeks.
DAE Inventory. Refers to all of the Deposited Weeks within the DAE Week Pool at any given time.
DAE Member or Member. A Resort Owner who becomes a member of the DAE Exchange Program. As of the date of this Disclosure guide there is currently no membership fee required to become a DAE Member; provided that DAE Members who desire to participate in Gold Advantage must pay the Gold Advantage Fee. Use of the words “you” or “your” throughout this Disclosure Guide refers to a DAE Member. All Gold Advantage Members are DAE Members.
DAE Website. DAE’s website, located at www.daelive.com
DAE Week Pool™. The DAE pool of Deposited Weeks.
Deposited Week. A Resort Week which has been deposited into the DAE Week Pool for the purpose of securing an Exchange.
Disclosure Guide. This Disclosure Guide to the Dial An Exchange Timeshare, Vacation Ownership & Points Clubs Exchange Service.
Exchange. The process by which DAE Members receive exchanges of Resort Weeks in connection with the DAE Exchange Program.
Exchange Credit. The credit issued to DAE Members for the purpose of making an Exchange at a later date as set forth herein. DAE Members receive Exchange Credits upon depositing Resort Weeks under the Bank and Save Option. Each non-promotional Exchange Credit is valid for three (3) years from the date of deposit and is available to exchange against a future date.
Exchange Fee. The fees paid by DAE Members to DAE for booking an Exchange. Unless otherwise stated, the Exchange Fee includes government imposed surcharges and taxes (GST, VAT, etc.).
Exchange Request. A DAE Member’s request to use DAE Inventory, from which DAE attempts to locate a Deposited Week for use by the requesting DAE Member. Please be aware that due to the effects of the COVID-19 pandemic and related social distancing efforts, it is anticipated that the Exchange Request function may be disabled throughout the majority of the remainder of 2020. Instead, DAE Members are encouraged to visit the DAE Website or speak with a DAE representative to receive current information on exchange availability within the DAE Week Pool.
Gold Advantage. An optional enhanced service upgrade made available exclusively through the DAE Program to those Members who pay the Gold Advantage Initiation Fee and renew participation by payment of the applicable Gold Advantage Renewal Fee. Gold Advantage consists of two tiers with standard and enhanced additional benefits. A full list of Gold Advantage products and services is available on the website. DAE reserves the right, in its sole discretion, to cancel, amend or modify Gold Advantage or any Gold Advantage Benefits at any time.
Gold Advantage Benefits. The collection of premium benefits available to Gold Advantage Members through Gold Advantage, which benefits are summarized in Section I of this Disclosure Guide. A complete and current list of the Gold Advantage Benefits is set forth on the DAE Website. DAE reserves the right, in its sole discretion, to cancel, amend or modify Gold Advantage or any Gold Advantage Benefits at any time.
Gold Advantage Initiation Fee. The initial fee payable by DAE Members for participation in Gold Advantage, which fee may be changed from time to time in DAE’s sole discretion.
Gold Advantage Member. A DAE Member who participates in Gold Advantage by making an initial payment of the Gold Advantage Initiation Fee and payments of the Gold Advantage Renewal Fee.
Gold Advantage Renewal Fee. The renewal fee payable by Gold Advantage Members to continue participation in Gold Advantage, which fee may be changed from time to time in DAE’s sole discretion.
Guest. A DAE Member’s friends and/or family members whom the DAE Member allows to use Resort Weeks obtained through DAE (whether by Exchange, Bonus Time or Additional Benefits) by informing DAE upon confirming a reservation.
Holiday Property. A fully serviced holiday or vacation apartment unit (i.e. a villa, cabana or chalet) which is located at a Resort in a high-demand tourist or vacation destination, has onsite management, and also offers the types of high-quality amenities and facilities typical of a first class vacation accommodation. DAE shall be the sole arbiter of whether a holiday or vacation apartment qualifies as “Holiday Property.” DAE is not responsible for any linen, cleaning and/or service charges related to the use of Holiday Property in connection with the DAE Exchange Program.
Home Resort. Any Resort containing a DAE Member’s Resort Week.
Host Resort. Any Resort to which a DAE Member travels on an Exchange, Bonus Time, Additional Benefits or Gold Advantage Benefits holiday in connection with the DAE Exchange Program.
Indemnitee. DAE and its partners, officers, managers, employees, directors, shareholders, agents, representatives, parent companies, affiliates and subsidiaries and their predecessors, successors and assigns.
Person. Any individual, general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative or association or any foreign trust or foreign business organization, and the heirs, executors, administrators, legal representatives, successors, and assigns of such “Person” where the context so permits.
Replacement Exchange. An Exchange made in accordance with a DAE Member’s Cancellation Protection Option.
Resort. Any resort, development or other location at which an Accommodation or Holiday Property is located.
Resort Week. Any traditional timeshare week, vacation or fractional ownership week, one week’s use and occupancy of Accommodations based upon vacation points or other right to use and occupy Accommodations for one week, or a one week use of Holiday Property.
Resort Week Owner. A Person who has purchased or otherwise acquired a Resort Week and/or who holds the right to reserve Resort Weeks in accordance with a Timeshare Plan.
Search First Option. The process by which DAE Members may search for and select DAE Inventory from the DAE Week Pool and deposit their Resort Week(s) in order to complete an Exchange.
Timeshare Plan. Any single site or multi-site timeshare plan, timesharing plan, vacation ownership plan, fractional interest program or similar plan or program whereby a Person receives the right to use and occupy Accommodations
Unit Size Upgrade Fee. The upgrade fee required for DAE Members to receive an Exchange for a Resort Week for occupancy of 1 bedroom, 2 bedroom, 3 bedroom or larger Accommodations upon depositing Resort Weeks for occupancy of Accommodations of a unit size smaller than the Resort Week exchanged in to.
B. EXCHANGE COMPANY BACKGROUND
DAE is an Arizona limited liability Company with its principal offices located at:
6277 Sea Harbor Drive
Orlando, FL 32821
The DAE Exchange Program is carried out at this principal office location and/or other business locations.
DAE’s Manager is:
DAE Delaware, LLC, a Delaware limited liability company
DAE’s Officers and Directors are:
Sherri Avara, Vice President
Olivier Chavy, President
Elizabeth Dreyer, Chief Accounting Officer, Senior Vice President, and Manager
Joseph M. Hollingshead, Senior Vice President and Treasurer Stacey Jagielski, Assistant Secretary
Amy Lipka, Vice President
Frank Sassano, Vice President and Assistant Treasurer
Amy Sinelli, Senior Vice President, Secretary, and Manager Ciara Sisk, Senior Vice President
Michael Toscano, Chief Financial Officer, Senior Vice President, and Manager
DAE is a subsidiary of Wyndham Destinations, Inc., a Delaware company (“Wyndham Destinations”).
C. GENERAL INFORMATION
DAE provides the DAE Exchange Program and other related services and benefits to DAE Members. DAE is an independent exchange company and, other than with respect to Wyndham Destinations and its subsidiaries, is not owned, operated or controlled by any Resort developer, seller, managing entity or vacation ownership plan whose Resort Week Owners participate in the DAE Exchange Program. Other than with respect to Wyndham Destinations and its subsidiaries, neither DAE nor any of its officers or directors has any legal or beneficial interest in any developer, seller or managing entity, Resort, Timeshare Plan or other vacation ownership plan participating in the DAE Exchange Program. Wyndham Destinations is the parent corporation of DAE and Fairfield Resort Management Services, Inc. (“FRMS”), a resort management company, Wyndham Vacation Resorts, Inc. (“WVR”), Wyndham Resort Development Corporation doing business as WorldMark by Wyndham (“WRDC”), Equivest Finance, Inc. (“Equivest”), and Wyndham Vacation Rentals North America, LLC (“WVRNA”), and their respective subsidiaries. Some officers and/or directors of Wyndham Destinations may from time to time serve as officers and/or directors of DAE, FRMS, WVR, WRDC, Equivest, and/or WVRNA, and vice versa. Certain officers and directors of DAE may own, or have rights to acquire, shares of stock in Wyndham Destinations.
Unlike DAE, the DAE Exchange Program is not a corporation, legal entity or association of any kind. Rather, the DAE Exchange Program is the service name given to the services available to DAE Members by DAE including, without limitation, the operation of the system by which DAE Members exchange their Resort Weeks for DAE Inventory. DAE is not currently affiliated with any Resorts, Timeshare Plans, timeshare developers or managers of timeshare property such that developers or managers do not offer DAE Exchange Program membership directly to purchasers of interest in Timeshare Plans and membership in the DAE Exchange Program is not dependent on a developer’s or manager’s agreement to patriciate in the DAE Exchange Program; however, DAE reserves the right, in its sole discretion, to affiliate with any Resorts, Timeshare Plans, timeshare developers or managers of timeshare property in the future. DAE has entered into contractual arrangements with managers of Timeshare Plans on a corporate membership basis, which arrangements provide for the deposit of Timeshare Plan inventory or other equivalent deposits of value in the DAE Exchange Program that DAE Members may reserve in return for the right of members of such Timeshare Plans to reserve DAE Inventory.
Membership in DAE is completely voluntary and participation in the DAE Exchange Program is not dependent in any way upon DAE’s affiliation with any Resort, Timeshare Plan, timeshare developer or manager of timeshare property. DAE offers the DAE Exchange Program directly to Resort Week Owners who desire to become DAE Members. There is no required fee for membership in DAE; provided that DAE Members who desire to participate in Gold Advantage must pay the applicable Gold Advantage Initiation Fee along with the Gold Advantage Renewal Fee in order to continue participation in Gold Advantage.
The DAE Exchange Program is offered to all Resort Week Owners (even those who are members in other exchange programs), including, without limitation, timeshare, vacation points club and Holiday Property owners, subject to the provisions herein. Gold Advantage is offered to all DAE Members; however, participation in Gold Advantage is completely optional to DAE Members.
Any and all documents governing a DAE Member’s participation in the DAE Exchange Program are separate and distinct from the DAE Member’s membership agreement, terms and conditions, purchase agreement(s) and/or other agreements with their respective Resort and/or Timeshare Plan. The DAE Exchange Program provides an opportunity for DAE Members to make Exchanges of their Resort Weeks and does not provide the right to use or occupy any specific Accommodations or Holiday Property.
Purchasers of Resort Weeks should select Resorts which best meet their ongoing vacation needs. Any decision to purchase Resort Weeks should be based primarily upon the benefits to be gained from the ownership, use and enjoyment of your Resort Weeks at your Resort or within your Timeshare Plan and not upon the anticipated benefits of the DAE Exchange Program. The Resort at which you purchase your Resort Weeks is solely responsible for its financial viability and the quality of its accommodations, facilities, amenities, management and services.
DAE may offer additional benefits to DAE Members, which may be subject to separate terms and conditions, in exchange for Exchange Credits. DAE may change, limit, or eliminate the availability of such additional benefits in DAE’s sole discretion. DAE does not guarantee that any additional benefit will be made available to DAE Members, or, if made available, will remain available for any period of time. DAE reserves the right to impose limits on DAE Members’ use of additional benefits that can be applied towards additional benefits. All DAE Members may not have access to all benefits.
D. REQUESTING AN EXCHANGE
The DAE Exchange Program provides DAE Members with the opportunity to exchange your Resort Weeks for DAE Inventory made available in connection with the DAE Exchange Program. Members have two options for effectuating an Exchange: the 03Search First Option and the Bank and Save Option (Deposit First Option). Regardless of whether you desire to employ the Search First Option or the Bank and Save Option, you must be in compliance with the Terms and Conditions of this Disclosure Guide in order to make an Exchange.
The Search First Option. This option enables DAE Members to search the DAE Week Pool for Inventory and select the Deposited Week of their choice. Once you choose a Deposited Week for your exchange holiday, you deposit your Resort Week(s) with DAE and make an Exchange Request. Upon receipt of an Exchange offer from DAE, you may choose to accept or decline the Exchange offer. Upon acceptance of an Exchange offer, you must pay the applicable Exchange Fee (and, as applicable, Unit Size Upgrade Fee), and confirmation of the Exchange is delivered to the member via email and again via post mail to the member for presentation at the Resort upon check-in. The Search First Option is subject to the priority of Gold Advantage Members described herein.
The Bank and Save Option (Deposit First Option). This option enables DAE Members to deposit (bank) Resort Weeks into the DAE Week Pool and use a credit received to make an Exchange at a later date. Upon depositing your Resort Week(s), you will receive an Exchange Credit to redeem at any time within three (3) years from the date of deposit. Your Exchange Credit is what enables you to make an Exchange. You can then search the DAE Week Pool and select from available DAE Inventory at any time during the three (3) year term and make an Exchange Request. Upon receipt of an Exchange offer from DAE, you may choose to accept or decline the Exchange offer. Upon acceptance of an Exchange offer, you must pay the applicable Exchange Fee (and, as applicable, Unit Size Upgrade Fee), and confirmation of the Exchange is delivered to the member via email and again via post mail to the member for presentation at the Resort upon check-in. In certain circumstances as determined solely by DAE, a DAE Member whose Exchange Credit has recently expired may be permitted to extend the Exchange Credit for an additional 6 months upon payment of a Credit Extension Fee in an amount determined by DAE in its sole discretion from time to time.
Additionally, DAE Members who use the Bank and Save Option may make an Exchange Request before finding suitable DAE Inventory in the DAE Week Pool. DAE, in its discretion, may place restrictions on the number and type of searches a DAE Member may place at any time. In this case, you must submit an Exchange Request for future Inventory and you are then added to a waitlist for the appropriate Resort Week. Once a Resort Week matching your Exchange Request is deposited into the DAE Week Pool, the first DAE Member on the appropriate waitlist is contacted by DAE with an Exchange offer, subject to priorities available to Gold Advantage Members and other parameters which may be described herein. Upon receipt of an Exchange offer from DAE, you may choose to accept or decline the Exchange offer. Upon acceptance of an Exchange offer, you must pay the applicable Exchange Fee (and, as applicable, Unit Size Upgrade Fee), and confirmation of the Exchange is delivered to the member via email and again via post mail to the member for presentation at the Resort upon check-in.
Exchange Requests may be made up to one (1) year in advance and no less than two (2) days in advance of the desired travel dates. Exchange Requests will generally be processed on a first-come, first served, space available basis, in the order in which they are received; provided that Exchange Requests made by Gold Advantage Members shall have priority over all other Exchange Requests as described herein. Exchange Requests may specify a particular Resort and/or dates; however, flexibility on dates and/or destinations will increase the likelihood of a successful Exchange. In order to provide the greatest flexibility for DAE Members, DAE generally works with a number of different Resorts within any particular vacation area, as opposed to specific Resorts within any particular area. To increase your likelihood for receiving a Confirmed Exchange, we recommend including several different vacation areas and at least 2 or 3 dates in each Exchange Request. Exchange Requests are arranged and confirmed on a space-available basis, subject to priority given to Exchange Requests made by Gold Advantage Members (as described herein), and there are no guarantees of fulfillment of any Exchange Request. DAE reserves the right, in its sole discretion, to cancel, amend or modify the process for Exchange Requests at any time. In addition, please be aware that due to the effects of the COVID-19 pandemic and related social distancing efforts, it is anticipated that the Exchange Request function may be disabled throughout the majority of the remainder of 2020. Instead, DAE Members are encouraged to visit the DAE Website or speak with a DAE representative to receive current information on exchange availability within the DAE Week Pool.
During periods of high demand, i.e. national holidays, peak summer vacation weeks and school holidays, and at Resorts located in high demand vacation areas, space availability is limited. DAE Members requesting Exchanges for these times and at these Resorts are encouraged to request Exchanges as early as possible, subject to the terms hereof. In fact, all DAE Members are encouraged to submit Exchange Requests as far as possible in advance of their requested vacation dates, subject to the provisions hereof.
You may request and receive Exchanges whether or not your Deposited Weeks have been assigned to another DAE Member
E. ADDITIONAL EXCHANGE INFORMATION
Deposits may be made via email, facsimile, Internet (at the DAE Website), mail and telephone. Generally, Resort Weeks may only be deposited no later than eight (8) weeks prior to the check-in date (or expiration date) for such Resort Week. Late deposits (i.e., deposits made within eight (8) weeks of check-in date) may only be accepted in DAE’s sole discretion, which may be contingent upon certain factors, including but not limited to the payment of a late deposit fee.
All Exchanges through the DAE Exchange Program are for one (1) week. Exchange Requests for more or less than one (1) week are processed and confirmed on a week-by-week basis. Receipt of a Confirmed Exchange for one (1) Resort Week does not guarantee receipt of a Confirmed Exchange for any other Resort Week(s). When you confirm the first Exchange Request, it is with the knowledge that DAE may or may not be able to confirm remaining Exchange Requests. It is entirely your decision to either accept or decline any Exchange offers.
Check-in days and times are set by individual Resorts – DAE is not responsible for setting check-in and check-out days or times. DAE Members must abide by the check-in and check-out days and times set by Host Resorts. Unlike hotels, timeshare resorts generally set one day of the week as their check-in and check-out day. Vacation plans should be made in accordance with the check-in and check-out days and times of the Host Resort. There are no priorities, limitations or restrictions on Exchanges based on seasonality, unit size or levels of occupancy of Resort Weeks and related Accommodations or Holiday Property. However, DAE Members who deposit a Resort Week unit size, which is smaller than the Exchange Week confirmed unit size, shall be required to pay the applicable Unit Size Upgrade Fee in order to receive an Exchange for Resort Weeks for occupancy of 1 bedroom, 2 bedroom, 3 bedroom or larger sized Accommodations. DAE attempts to give DAE Members maximum choice of Exchange destinations by not otherwise restricting unit size, quality, location or seasonality. Gold Advantage Members receive the Gold Advantage Benefits in Section I below and on the DAE Website, which Gold Advantage Benefits include, without limitation, priority relating to making Exchanges, viewing Inventory and reserving Bonus Time and Additional Benefits. The standard benefits of DAE Membership are subject to the Gold Advantage Benefits made available to Gold Advantage Members.
Exchange confirmations will include all pertinent information for the DAE Member to contact the Host Resort in connection with the Exchange. All Confirmed Exchanges are final, non-transferable and are issued subject to the terms of this Disclosure Guide including, without limitation, the Terms and Conditions listed below and the Cancellation Policy. Only those Persons named on the confirmation paperwork may occupy the applicable Accommodation or Holiday Property. DAE is not responsible for documents not received due to the error of any third party.
The deposit of Resort Weeks into the DAE Week Pool does not relieve a DAE Member's obligation to pay any and all maintenance fee assessments, taxes or other similar charges imposed by any applicable local, state or federal governmental entity (or its equivalent if the Resort is located in a foreign country) or imposed by a Home Resort, Host Resort or provider of accommodations and/or other services which are required to be paid fully in advance. Exchange privileges may be denied, or a Confirmed Exchange canceled, if a DAE Member's maintenance fee assessments or similar charges have not been paid when due. Special charges, user fees or government taxes that may not be required by the DAE Member's Home Resort may be charged to the DAE Member by a Host Resort. It is the DAE Member’s responsibility to pay those charges, fees, or taxes if they are not reflected in the Exchange Fee.
DAE Members who desire to deposit Resort Weeks that are based upon vacation points or “floating” timeshare weeks must either obtain confirmed unit week reservations/assignments from their Resort or Timeshare Plan or coordinate with DAE in obtaining such confirmed unit week (or the applicable points) from the DAE Member’s Resort or Timeshare Plan before their Resort Weeks can be deposited into the DAE Week Pool.
All non-promotional Exchange Credits expire on the third (3rd) anniversary of their issuance. Upon expiration of your Exchange Credit, your right to make an Exchange terminates.
Each year there are a certain number of Deposited Weeks which are not used by DAE in effectuating Exchanges. While some of these Deposited Weeks go unused, Deposited Weeks not used in effectuating Exchanges are generally used as Bonus Time and/or Additional Benefits. Exchange Credits are not dependent on the disposition of the Resort Week which was exchanged to obtain the Exchange Credit.
F. USE OF RESORT WEEKS
Use by DAE. By depositing a Resort Week the DAE Member warrants to DAE that: (1) the DAE Member has or will have the legal right to use and assign the use of the deposited Resort Week and all other resort amenities to which the DAE Member has access; (2) the deposited Resort Week has not been and will not be assigned, offered or made available by the DAE Member to any third party; and (3) the physical accommodations are in good and usable condition. A DAE Member relinquishes all rights to the use and occupancy of his/her Resort Week upon depositing it into the DAE Week Pool. DAE reserves the right to assign your deposited Resort Weeks to others, whether or not the depositing DAE Member has requested or received an Exchange. Deposited Weeks may be used by DAE for any commercially reasonable purpose, including but not limited to reasons such as to satisfy Exchange Requests, as Bonus Time, as Additional Benefits or as Gold Advantage Benefits, to accommodate inspection visits by DAE personnel, for promotions, sale, marketing, or other purposes as determined by DAE in its sole discretion. Deposited Weeks may not be withdrawn from the DAE Week Pool by the depositing DAE Member. DAE reserves the right in its sole discretion to modify the terms of any Deposited Week transfers.
Use by DAE Members. Participation in the DAE Exchange Program is for personal, non-commercial purposes only. The commercial use, including without limitation the auction, rental or sale, of Resort Weeks obtained through DAE (whether by Exchange, Bonus Time Additional Benefits or Gold Advantage Benefits), Exchange Requests or Confirmed Exchanges is strictly prohibited; provided, however, that DAE Members may assign their Resort Weeks to Guests as set forth in this Disclosure Guide. The only Person who may make an Exchange Request or receive a Confirmed Exchange with respect to a Deposited Week shall be the Resort Week Owner of such Resort Week. A Confirmed Exchange may only be used by a DAE Member or Guest whose name appears on the confirmed reservation.
DAE reserves the right, in its sole discretion (without refund or credit), to revoke a Confirmed Exchange, terminate or suspend the membership of any DAE Member, or deny access to any of the products or services offered in connection with their DAE Membership in the event that the DAE Member, or their Guests or respective invitees, misuse Resort Weeks, Exchange Requests or Confirmed Exchanges, or otherwise breach the Terms and Conditions of DAE Membership.
G. DAE PROGRAM FEES
No Membership/Annual Fees. As of the date of this Disclosure guide there are no membership fees or annual fees required to participate in the DAE Exchange Program.
Gold Advantage Initiation and Renewal Fees. DAE Members must pay a one-time Gold Advantage Initiation Fee in order to participate in Gold Advantage and receive the Gold Advantage Benefits. Gold Advantage Members must pay the current Gold Advantage Renewal Fee to continue such participation in Gold Advantage. The amount of the Gold Advantage Initiation and Renewal Fees required for participation in Gold Advantage is based upon the residency of the DAE Member. The current Gold Advantage Initiation Fees for North America are $89 to $299 USD depending on tier and term. It is anticipated that beginning in July 2020, the Gold Advantage Initiation Fees for North America will increase such that the fees will be between $93 to $167 USD depending on tier and term. The current Gold Advantage Renewal Fees for North America are $59 to $249 USD depending on tier and term. It is anticipated that beginning in July 2020, the Gold Advantage Renewal Fees for North America will increase such that the fees will be between $62 to $135 USD depending on tier and term.
Gold Advantage Initiation and Renewal Fees may vary and are subject to change at DAE’s sole discretion. DAE Members will be advised by DAE of any Gold Advantage Initiation and Renewal Fee changes as set forth in Section L. Gold Advantage Members are responsible for paying the then-current Gold Advantage Renewal Fees to continue participation in Gold Advantage. The above Gold Advantage Initiation and Renewal Fees may vary for corporate participation or other programs offered by or through DAE at DAE’s sole discretion. DAE retains the right to waive any Gold Advantage Initiation or Renewal Fees for any reason.
Exchange Fees. DAE charges an Exchange Fee to process and confirm each Exchange based upon the residency of the DAE Member and the destination (domestic or international) of the Confirmed Exchange. The Exchange Fee is not due until the DAE Member’s Exchange Request has been confirmed (i.e., the DAE Member has received a Confirmed Exchange).
The current Exchange Fees are:
Australia
Domestic and International
$159 AUD
New Zealand
Domestic and International
$159 NZD
USA, Canada, Mexico, & The Caribbean
Domestic and International
$189 USD
Asia & Middle East
Domestic $125 USD
International $229 USD
Split Week $90 USD
UK & Europe
Short Haul (Domestic)
87 GBP, 119 EURO
Long Haul (International)
99 GBP, 129EURO
South Africa
Domestic R1049
International R2017
Egypt
$135 USD
It is anticipated that the following Exchange Fees will increase in August 2020:
Australia
Domestic and International
$169 AUD
New Zealand
Domestic and International
$169 NZD
USA, Canada, Mexico, & The Caribbean
Domestic and International
$189 USD
Asia & Middle East
Domestic $135 USD
International $240 USD
Split Week $100 USD
UK & Europe
Short Haul (Domestic) & Long Haul (International)
99 GBP, 119 EURO
South Africa
Domestic R1269
International R2441
Egypt
$135 USD
Exchange Fees may vary and are subject to change at DAE’s sole discretion. DAE Members will be advised by DAE of any Exchange Fee changes. The above Exchange Fees may vary for corporate participation or other programs offered by or through DAE at DAE’s sole discretion. DAE retains the right to waive or materially decrease any Exchange Fees for any reason, including, by way of example, in connection with various promotions conducted by DAE from time to time, such as promotions relating to the deposit of Resort Weeks which DAE determines to be in high demand. In addition, Gold Advantage Members currently receive a 10% to 15% discount on the payment of all Exchange Fees depending on the Gold Advantage tier.
Unit Size Upgrade Fees. DAE charges a Unit Size Upgrade Fee for DAE Members to receive an Exchange for a Resort Week for occupancy of 1 bedroom, 2 bedroom, 3 bedroom or larger Accommodations after depositing Resort Weeks for occupancy of Accommodations which are smaller than the Exchange Week confirmed. Therefore, DAE Members who deposit a Resort Week unit size, which is smaller than the Exchange Week confirmed unit size, shall be required to pay the applicable Unit Size Upgrade Fee. Unit Size upgrade Fees are based upon the number of bedrooms of the Accommodations which the DAE Member desires to occupy by virtue of an Exchange. The Unit Size Upgrade Fee is not due until the DAE Member’s Exchange Request has been confirmed (i.e., the DAE Member has received a Confirmed Exchange). The current Unit Size Upgrade Fees in North America are:
Studio to 1 Bedroom - $75
Studio to 2 Bedroom - $150
Studio to 3 Bedroom - $225
Studio to 4 Bedroom - $225
1 Bedroom to 2 Bedroom - $75
1 Bedroom to 3 Bedroom - $150
1 Bedroom to 4 Bedroom - $225
2 Bedroom to 3 Bedroom - $75
2 Bedroom to 4 Bedroom - $150
It is anticipated that the Unit Size Upgrade Fees in North America will be increased in September 2020 as follows:
Studio to 1 Bedroom - $84
Studio to 2 Bedroom - $168
Studio to 3 Bedroom - $252
Studio to 4 Bedroom - $336
1 Bedroom to 2 Bedroom - $84
1 Bedroom to 3 Bedroom - $1168
1 Bedroom to 4 Bedroom - $252
2 Bedroom to 3 Bedroom - $84
2 Bedroom to 4 Bedroom - $252
Unit Size Upgrade Fees may vary and are subject to change at DAE’s sole discretion. DAE Members will be advised by DAE of any Unit Size Upgrade Fee changes. The above Unit Size Upgrade Fees may vary for corporate participation or other programs offered by or through DAE at DAE’s sole discretion. DAE retains the right to waive any Unit Size Upgrade Fees for any reason. Unit Size Upgrade Fees are included in the Cancellation Protection Option available on Resort Weeks exchange transactions.
Split Week Fees. DAE, in its sole discretion, in selected DAE territories, may offer a “split week exchange option.” This allows DAE Members to bank a week and take a vacation in 2 different destinations. Split week exchanges must be booked as one 3-night and one 4-night stay. A special split week exchange fee and possible unit upgrade fee may be applicable for each portion of the spilt week transaction and is payable at time of confirmation.
Credit Extension Fees. In certain circumstances as determined solely by DAE, a DAE Members whose Exchange Credit has recently expired may be permitted to extend the Exchange Credit for an additional 6 months upon payment of a Credit Extension Fee in an amount determined by DAE in its sole discretion from time to time. DAE retains the right to waive any Credit Extension Fees for any reason.
Miscellaneous Fees; Taxes. DAE Members are solely responsible for the payment of any and all bed tax, transient occupancy tax or similar tax that may be imposed in connection with the use and occupancy of the Accommodations or Holiday Property pursuant to an Exchange, whether such are included in the Exchange Fee or otherwise imposed.
DAE Members are solely responsible for payment of any applicable port charges, gratuities, personal expenses, utility charges, security deposits and other fees or charges properly levied by a Resort or other party for the use of amenities and facilities.
DAE Members are solely responsible for all damage and loss to the Accommodations or Holiday Property at the Host Resort as a result of DAE Member’s conduct (and the conduct of family, friends, invitees and Guests), as well as all personal charges incurred at the Host Resort including, without limitation, telephone calls, Internet service, meals and beverages, and any other applicable and permissible charges imposed by the Host Resort.
Some Resort stays require, or make available as an option, all-inclusive fees which are due upon check in, and pay for the guest’s meals and beverages. These all-inclusive programs may include more or less, but are purely at the discretion of the Resort. DAE has identified these Resorts and labeled them accordingly in the displayable Resort profile on the DAE Website. DAE Members are solely responsible for all-inclusive fee payments to the Resort.
Each Resort may, in its sole discretion, impose additional fees, terms, conditions and restrictions to any accommodation, activity or service, and such additional fees, terms, conditions and restrictions are subject to change at the sole discretion of the Resort. It is the responsibility of the DAE Member to determine if any such additional fees, terms, conditions and restrictions apply to their transaction.
H. Bonus Time & ADDITIONAL BENEFITS
DAE reserves the right to offer Bonus Time and Additional Benefits to DAE Members in exchange for Resort Weeks deposited into the DAE Week Pool and/or other costs and fees as determined by DAE from time to time.
Bonus Time. Bonus Time is generally comprised of all Deposited Weeks that have not been booked in connection with a Confirmed Exchange as of a date prior to the check-in date determined by DAE in its sole discretion. DAE makes Bonus Time available to all DAE Members. Bonus Time can be requested and reserved via email, facsimile, Internet (at the DAE Website), and telephone. DAE Members may reserve Bonus Time upon payment of the Bonus Time Price or upon the Exchange of a Resort Week, as the DAE Member may elect. In other words, if a Deposited Week is offered as Bonus Time and you desire to use it for your holiday, you have the choice of either (i) exchanging your Resort Week and paying the Exchange Fee, or (ii) reserving the Deposited Week as Bonus Time and paying the Bonus Time Price. Reservations of Bonus Time are not complete until DAE receives the applicable Bonus Time Price or issues a Confirmed Exchange, as applicable. Gold Advantage Members currently receive a 10% to 15% discount on the payment of the applicable Bonus Time Price depending on the Gold Advantage tier.
Subject to the terms of this Disclosure Guide, Bonus Time is available to all DAE Members and there is no limit on the amount of Bonus Time that DAE Members can reserve. Your Guests may use the Bonus Time you reserve; provided, however, that (i) all Bonus Time reservations must be made by you, as the DAE Member, on behalf of your Guests, and (ii) you, as the DAE Member, are solely responsible for all damage and loss to the Accommodations or Holiday Property as a result of the conduct of Guests and their invitees, as well as all personal charges incurred in connection with the Bonus Time including, without limitation, telephone calls, Internet service, meals and beverages, and any other applicable and permissible charges. The Bonus Time Price is non-refundable.
Additional Benefits. Additional Benefits include, without limitation, other Accommodations, products or services, as well as “special” or “promotional” offers as may be available as determined by DAE in its sole discretion and upon such Terms and Conditions as may be established by DAE from time to time. DAE may, from time to time and in its sole discretion, add, delete or modify any and all Additional Benefits offered in connection with the Exchange Program. DAE does not guarantee that any specific Additional Benefit will be available to DAE Members, or, if made available, will remain available for any specific period of time.
I. GOLD ADVANTAGE BENEFITS
In addition to the standard benefits of DAE Membership, DAE Members who become and maintain status as Gold Advantage Members are entitled to the Gold Advantage Benefits. Below is a summary of the current Gold Advantage Benefits, a complete list of which is provided on the DAE Website:
Priority Exchange Requests. Exchange Requests of Gold Advantage Members generally have priority over other Exchange Requests. Upon making an Exchange Request for a Resort Week, Gold Advantage Members will be placed ahead of other DAE Members (except for other Gold Advantage Members) on the waitlist for the appropriate Resort Week. Gold Advantage Members have an increased likelihood of receiving Exchanges based upon their Exchange Requests. Please be aware that due to the effects of the COVID-19 pandemic and related social distancing efforts, it is anticipated that the Exchange Request function may be disabled throughout the majority of the remainder of 2020. Instead, DAE Members are encouraged to visit the DAE Website or speak with a DAE representative to receive current information on exchange availability within the DAE Week Pool.
Pricing Advantages. Gold Advantage Members currently receive a 10% to 15% discount on the payment of Resort Week Exchange Fees, Unit Size Upgrade Fees, and Bonus Time Prices depending on the Gold Advantage tier.
Advance Notice of Available Inventory. Gold Advantage Members are permitted to view and book new Inventory fourteen (21) days prior to other DAE Members in connection with Exchanges, Bonus Time and Additional Benefits, subject to change.
Lifestyle Benefits. The Gold Advantage Benefits may also include numerous lifestyle benefits made available to Gold Advantage Members through DAE’s partnerships with providers of goods and services These lifestyle benefits include a variety of discounted products and services which are described in further detail on the DAE Website.
DAE reserves the right, in its sole discretion and at any time, to amend, modify or terminate any existing Gold Advantage Benefits, to add Gold Advantage Benefits and/or to amend, modify or terminate Gold Advantage in its entirety, as determined by DAE. The standard benefits of DAE Membership are subject to the Gold Advantage Benefits made available to Gold Advantage Members.
Any Gold Advantage Member who fails to timely pay the applicable Gold Advantage Renewal Fee shall lose the right to participate in Gold Advantage and receive Gold Advantage Benefits.
Cruise Options (Australia & New Zealand Territory Members ONLY). CruiseOptions is a benefit of the Gold Advantage Benefit package and is currently available only to DAE Members serviced by the Australia & New Zealand offices. CruiseOptions prices are based on the deposit of a resort week or equivalent points/credits towards each cruise per couple and are in addition to a Deposit Credit plus the current cruiseOptions fee. A DAE Member may be offered CPO on the cruiseOptions portion of the cruise during booking confirmation which would cover the cruiseOptions fee and Deposit Credit only. Standard DAE terms and conditions for banking your week or cancelling your booking apply to the cruiseOptions fee and Deposit Credit. Cruise bookings by DAE are facilitated through a third-party. The cash portion of your cruise will be subject to the normal terms and conditions of the cruise operator for cancellation will require a separate travel insurance policy. Prices advertised are per person, twin share, per cruise unless otherwise stated. All savings displayed are based on brochure fare. All packages are subject to availability and supplier’s conditions. All prices are correct at time of printing/transmission however pricing and availability are subject to change without notice and may not be guaranteed until paid in full. Gratuities may be an additional on-board charge depending on particular cruise line selected. DAE’s cruise partner reserves the right to withdraw packages at any time without notice. Standard booking conditions apply, please ask your cruise consultant for any clarification of such terms & conditions.
J. CANCELLATION POLICY
We understand that circumstances sometimes change causing plans to be altered at the last minute. Where we can, we try our best to accommodate special circumstances once you have paid for your Confirmed Exchange. Subject to the following “Cancellation Policy,” DAE Members may cancel their Resort Weeks Confirmed Exchanges by notifying DAE by telephone or in writing.
Cancellations by DAE. DAE reserves the right, in its sole discretion (without refund or credit), to cancel a Confirmed Exchange, cancel an Exchange Request or otherwise deny the Exchange privileges of any DAE Member whose Exchange Fee is rejected by the DAE Member’s bank or credit card company or who has not fully prepaid all annual maintenance fees, assessments, dues, taxes, and other charges relating to its ownership or membership in the applicable Resort or Timeshare Plan. DAE may cancel or suspend a Confirmed Exchange or membership privileges of any DAE Member failing to comply with the Terms and Conditions of DAE Membership set forth in this Disclosure Guide. DAE may cancel a Confirmed Exchange or a Deposit Credit in the event that, in DAE’s sole discretion: (i) the Resort is not operated in a manner that enables it to meet its obligations or is otherwise not in compliance with applicable laws, rules, regulations, policies or procedures, or if such applicable laws, rules, regulations, policies or procedures require the closing of such Resort; (ii) the Resort is destroyed, condemned, uninhabitable or otherwise not suitable for use; or (iii) the Resort is the subject of a foreclosure suit, or the subject of a motion or other proceeding to place it under the control of a receiver, mortgagee in possession or bankruptcy trustee. In the event that a Resort becomes uninhabitable due to a natural disaster, or closed due to an epidemic or other force majeure, DAE is not liable for the resulting cancellations. The Deposited Week used for this Exchange will not be eligible for another Exchange. An additional Exchange Fee (and, as applicable, Unit Size Upgrade Fee) will be required to confirm another Exchange Request using a newly deposited Resort Week.
Cancellations by DAE Members. Cancellation by a DAE Member of a Confirmed Exchange within four (4) weeks of your scheduled check-in date (if you have not obtained a CPO in connection with the Confirmed Exchange) or within 72 hours of your schedule check-in date (if you have obtained a CPO in connection with the Confirmed Exchange) results in forfeiture of your Exchange Credits. Therefore, if you do not accept an Exchange within three (3) years of depositing your Resort Week into the DAE Week Pool or, if you cancel a Confirmed Exchange within four (4) weeks of your scheduled check-in date (without obtaining CPO) or within 72 hours of your scheduled check-in date (with obtaining CPO), you will lose the use and occupancy of your Resort Week without being provided substitute Accommodations by DAE. Additionally, a cancellation of a Confirmed Exchange (if you have not obtained CPO in connection with the Confirmed Exchange), results in forfeiture of your Exchange Fee, regardless of date of cancellation. A cancellation of a Confirmed Exchange (if you have obtained CPO in connection with the Confirmed Exchange), within 72 hours will result in the forfeiture of the Exchange Fee.
Cancellation Protection Option (CPO). DAE currently offers DAE Members the option of obtaining the Cancellation Protection Option (CPO) at the time of accepting an Exchange offer upon payment of the current CPO costs. Should you obtain CPO and subsequently request cancellation of your Confirmed Exchange at least 72 hours prior to your scheduled check-in date, you will have until the earlier of (i) the expiration of your original Exchange Credit, or (ii) 24 months from the date of cancellation, to make a Replacement Exchange. Your right to make a Replacement Exchange shall terminate if not timely made. There is no cost to make a Replacement Exchange. You will have the option of electing to obtain a new CPO on any Replacement Exchange upon payment of the then-current CPO costs. No monetary refunds are allowed on cancellations regardless of whether a CPO has been obtained.
The CPO costs are based upon the residency of the DAE Member and are currently as follows:
Australia
$24 AUD
New Zealand
$24 NZD
USA, Canada & Mexico, & The Caribbean
$35 USD
Asia & Middle East
$25 USD
UK & Europe
16 GBP, 15 EURO
South Africa
R250
Egypt
$25 USD
It is anticipated that the following CPO will be increased in July 2020 as follows:
Australia
$29 AUD
New Zealand
$29 NZD
USA, Canada & Mexico, & The Caribbean
$37 USD
Asia & Middle East
$29 USD
UK & Europe
19 GBP, 25 EURO
South Africa
R305
Egypt
$25 USD
The availability, terms, procedures, and cost of CPO may vary and are subject to change in DAE’s sole discretion. DAE Members will be advised by DAE of any changes in the cost of CPO. CPO costs may vary for corporate participation or other programs offered by or through DAE in DAE’s sole discretion. DAE retains the right to waive CPO costs in its sole discretion. For the avoidance of doubt, the cost of CPO is non-refundable at the time of purchase. CPO cannot be used to cancel a Confirmed Exchange and then re-book the same Resort Week as either a Bonus Week or Additional Benefit. We ask DAE Members to be fair and use CPO for its intended purposes, and not to misuse it. CPO may not be used to cancel any Confirmed Exchange within 72 hours of the scheduled check-in date.
Declining CPO. CPO is completely optional and DAE Members are not required to obtain CPO. Members who decline CPO in connection with a Confirmed Exchange will forfeit their Exchange Fee upon cancellation of a Confirmed Exchange, which includes any change in dates, vacation area or Resorts. Additionally, your Exchange Credit (including your ability to make an Exchange) will be forfeited if you cancel any Confirmed reservation within four (4) weeks of your scheduled check-in date.
Cancellations of Bonus Time & Additional Benefits. CPO is not available for Bonus Weeks or Additional Benefits including, without limitation, “special” or “promotional” offers. Cancellation of any of these types of reservations results in forfeiture of the entire price paid in connection therewith. This includes Bonus Time, rentals, and daeOptions rentals and daeOptions exchanges.
DAE Right To Modify Reservation. Due to unforeseen circumstances beyond DAE’s control, should a resort need to change a unit allocation or move a reservation to a different resort, DAE shall have the right to modify the Confirmed Exchange. Any change should be reasonably equivalent in unit size and standard of accommodation to that of the original reservation. DAE shall not be responsible for any additional costs or compensation to the DAE member or guest.
K. AFFILIATED RESORTS AND DAE PARTICIPANTS
Other than with respect to its relationship with Wyndham Destinations and its subsidiaries, DAE is an independent exchange company and is not currently affiliated with any Resorts, Timeshare Plans, timeshare developers or managers of timeshare property. Accordingly, there are no Resorts or Timeshare Plans that “participate” in the DAE Exchange Program. Instead, DAE offers membership in the DAE Exchange Program directly to Resort Week Owners. Thus, it is not possible or relevant for DAE to list (1) the name and address of each Resort or Timeshare Plan participating in the DAE Exchange Program; (2) the number of Accommodations or Holiday Properties in each Resort or Timeshare Plan that are available for occupancy and which qualify for participation in the DAE Exchange Program, expressed within the numerical groupings 1-5; 6-10; 11-20; 21-50; and 51 and over; or (3) the number of Currently Enrolled DAE Members for each Resort or Timeshare Plan participating in the DAE Exchange Program in the numerical groupings 1-100; 101-249; 250-499; 500-999; and 1000 and over. Notwithstanding the foregoing, DAE reserves the right, in its sole discretion, to affiliate with any Resort, Timeshare Plan, timeshare developer or manager of timeshare property at any time. Any additions of affiliates shall be determined by DAE based upon factors such as size, location, and quality of the affiliated resort and its accommodations and facilities. Further, DAE has entered into contractual arrangements with certain managers of Timeshare Plans on a corporate membership basis, which arrangements provide for the deposit of Timeshare Plan inventory in the DAE Exchange Program that DAE Members may reserve in return for the right of members of such Timeshare Plans to reserve DAE Inventory.
The number of Resorts available through the DAE Exchange Program varies at any given time because availability is not tied to the “participation” of any particular Resort or Timeshare Plan in the DAE Exchange Program; rather, availability of particular Resorts is solely dependent upon the Resort location of each DAE Member’s Resort Weeks deposited in to the DAE Program. Accordingly, in selecting a location for Exchange, DAE Members are limited to those Resorts in which Resort Weeks have been deposited, which can be viewed on the DAE Website. The minimum duration of timeshare intervals/Resort Weeks is established by the governing documents of the particular Resort in which such Resort Weeks exist.
The constantly changing Resorts available to DAE Members through the DAE Exchange Program vary in size from a few, if any, Accommodations or Holiday Properties to several hundred, or more, per any particular Resort. Consequently, DAE Members should not participate in the DAE Exchange Program in anticipation of the ability to receive a Confirmed Exchange at any particular Resort or during a particular time of year, and receipt of a Confirmed Exchange for an Accommodation at a particular Resort in a given year is not a guarantee that Accommodations at such Resort will be available in future years. Each DAE Member is given a detailed description of the applicable Resort before selecting a Resort Week at such Resort.
L. ADDITIONAL TERMS AND CONDITIONS
In addition to the foregoing, DAE Members further acknowledge and agree that:
In order for a Resort Week Owner to participate in the DAE Exchange Program, the following conditions must be met: (i) the Resort Week Owner must not be in default under their purchase contract or membership agreement with their respective Resort or Timeshare Plan and must be current on all annual maintenance fees, assessments, dues, taxes, and other charges relating to their ownership/membership in the applicable Resort or Timeshare Plan; (ii) with respect to any purported Holiday Property, the holiday or vacation apartment unit purported to be Holiday Property must meet all of the DAE qualifications for Holiday Property as determined by DAE in its sole discretion; (iii) the Resort at which an Accommodation or Holiday Property is located must be operated in a commercially reasonable fashion as determined by DAE in its sole discretion and any holiday or vacation apartment must qualify as Holiday Property; and (iv) the Resort Week Owner must have the sole ownership and/or use rights in the Deposited Week at the time the Exchange is confirmed.
DAE reserves, in its sole discretion, the right to amend or modify these Terms and Conditions of participation in the DAE Exchange Program at any time and for any reason including, without limitation, the increase or decrease of fees provided for hereunder and/or the addition of membership fees and other fees. DAE Members will be provided with notice of all material changes to the DAE Exchange Program subsequent to the Effective Date of this Disclosure Guide. DAE reserves the right to provide such notice via newsletter, email, publication, mailing or posting on the DAE Website (www.daelive.com), or by any other method as DAE may determine. Any amendment or modification will be effective upon publication or mailing. DAE further reserves, in its sole discretion, the right to modify, waive or eliminate any term or condition with respect to any DAE Member or group of DAE Members including, without limitation, any and all fees.
By participating in the DAE Exchange Program, each DAE Member irrevocably and unconditionally submits, for itself and its property, to the jurisdiction of the courts of Orange County, Florida for any and all disputes arising in relation to the DAE Exchange Program. DAE Members agree not to institute or seek to institute any litigation arising out of or relating to the DAE Exchange Program in any forum other than a court of Orange County, Florida.
Each DAE Member consents and waives such DAE Member’s objection to the non-exclusive personal jurisdiction of a venue in the Florida state courts situated in Orange County, Florida and the United States District Court for the District of Florida for all cases and controversies under the Terms and Conditions or between DAE and the DAE Member.
WAIVER OF JURY TRIAL. EACH DAE MEMBER HEREBY WAIVES THE RIGHT TO A JURY TRIAL IN ANY ACTION RELATED TO THE TERMS AND CONDITIONS HEREOF OR THE RELATIONSHIP BETWEEN ANY INDEMNITEE, ANY MEMBER, ANY GUEST OF A MEMBER, AND THEIR RESPECTIVE ASSIGNS AND SUCCESSORS.
If any legal action is initiated by a DAE Member or a Guest or by DAE pertaining, directly or indirectly, to the Terms and Conditions or DAE in general, and DAE prevails, that DAE Member or Guest shall, without limitation, pay all costs incurred by DAE in defending such action, including reasonable attorneys’ fees, paralegal fees and court costs.
The Terms and Conditions in this Disclosure Guide constitute the entire agreement between the parties hereto with respect to the subject matter set forth herein and supersede all previous communications, representations, or agreements, either oral or written, between the parties relating to such subject matter.
DAE’s logo, brand name and other trademarks may not be used without the prior written permission of DAE. Other logos and brand names described herein may be trademarks of their respective owners.
The Terms and Conditions of participation in the DAE Exchange Program shall be governed by and construed in accordance with the laws of the State of Florida, except for its conflicts of laws and principles.
DAE Members remain subject to any and all procedures, terms, conditions, rules and regulations, and financial obligations related to a DAE Member’s ownership/membership in its Resort and/or Timeshare Plan.
Host Resorts and other providers may impose their own limitations and requirements regarding occupancy limits for particular accommodations, behavior while at the resort, and other issues. DAE Members are responsible for abiding by the rules and regulations of the Host Resort. Unless a DAE Member or guest informs the check-in desk at a particular Host Resort that they anticipate checking in later than the arrival time designated, the arriving DAE Member or guest risks forfeiture of the reservation and the related Deposit Credit. Each DAE Member is responsible for his or her own actions as well as the actions of his or her family, friends, invitees, Guests and any other Persons permitted by a DAE Member to use the Accommodation or Holiday Property in connection with an Exchange, Additional Benefits and Bonus Time. Any Host Resort may, in its sole discretion, impose additional fees, terms, conditions and restrictions to any accommodation, activity or service, and such additional fees, terms, conditions and restrictions are subject to change at the sole discretion of the Host Resort. It is the responsibility of the DAE Member to determine if any such additional fees, terms, conditions and restrictions apply to their transaction.
The failure of a DAE Member to fully comply with all of its obligations related to its ownership/membership in its Resort and/or Timeshare Plan may result in such DAE Member being unable to enjoy the rights and benefits otherwise available in connection with the DAE Exchange Program.
The Resort Week deposited for Exchange has neither been utilized by nor assigned to any other Person. Resort Weeks to be banked in the DAE Week Pool may not be deposited with another exchange company (“Double Banking”). DAE Members shall be solely responsible for any expenses incurred by DAE or another DAE Member who has been denied access to a Deposited Week as a result of Double Banking.
DAE Members who desire to deposit Resort Weeks which are based upon vacation points or “floating” timeshare weeks must either obtain confirmed unit week reservations/assignments from their Resort or Timeshare Plan or coordinate with DAE in obtaining such confirmed unit week (or the applicable points) from the DAE Member’s Resort or Timeshare Plan before their Resort Weeks can be deposited into the DAE Week Pool.
Participation in the DAE Exchange Program is for personal, non-commercial purposes only. The commercial use, including without limitation auction, rental or sale, of Resort Weeks obtained through DAE (whether by Exchange, Bonus Time or Additional Benefits), Exchange Requests or Confirmed Exchanges is strictly prohibited.
All Exchange transactions are between DAE and the applicable DAE Member. Guests are not parties to any transaction between DAE and DAE Members. All Confirmed Exchanges must include the name of the Person(s) allowed to check-in at the Host Resort. Multiple bookings confirmed with the same guest name for similar check in dates will be considered duplicates and invalid and may be cancelled by DAE without notice unless prior arrangement has been made with DAE. Any changes in such Person(s) must be made by the DAE Member who made the Exchange by contacting DAE. Upon receipt of such change, DAE will issue a new Exchange Confirmation and the Host Resort will be notified accordingly.
DAE has access to a variety of resorts in different countries with varying levels of accommodation types, building standards and services. DAE cannot be held responsible for any Resort that may not meet the expected standard of accommodation, service, operation, facilities or amenities. Accommodations, services and amenities related to Inventory vary by location and Resort, and Accommodations and Holiday Property may vary in size, quality and décor. DAE does not warrant the suitability, safety or security of Resort activities, guides, vendors or service providers described herein. DAE Members are given the opportunity to research the suitability of any offered exchange Resort prior to confirming the exchange transaction. It is the DAE Member’s responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any guide, vendor or service provider, and DAE Members participate at their own risk.
The total number of people occupying the Accommodation or Holiday Property must not exceed the maximum Occupancy of the unit set forth in the Exchange Confirmation or reservation; otherwise, access may be refused or an additional charge may be levied against the DAE Member.
All Accommodations and Holiday Property used and occupied in connection with an Exchange must be left in the same condition as when the DAE Member arrived – “Clean and Tidy.”
Any breakages/damages must be reported immediately to the Host Resort staff. The DAE Member is solely responsible for all damage and loss to the Accommodations or Holiday Property at the Host Resort as a result of DAE Member’s conduct (and the conduct of family, friends, invitees and Guests, and the family, friends and invitees of Guests), as well as all personal charges incurred at the Host Resort including, without limitation, telephone calls, Internet service, meals and beverages, and any other applicable and permissible charges imposed by the Host Resort.
DAE Members are solely responsible for the payment of any and all bed tax, transient occupancy tax or similar tax that may be imposed in connection with a Member’s use and occupancy of the Accommodations at a Resort, provided that unless otherwise stated all taxes are included in the Exchange Fee.
DAE Members are responsible for payment of any all-inclusive fees that may be charged by any Resort to cover the member’s food and beverage during the vacation. It is the DAE Member’s responsibility to know what is or is not included in the all-inclusive fee charged directly by the Resort.
DAE Members are responsible for payment of any applicable port charges, gratuities, personal expenses, utility charges, security deposits and other fees or charges properly levied by a Resort or other party for the use of amenities and facilities.
DAE is not responsible for loss, damage to, or theft of personal property related to a DAE Member’s use of Accommodations and/or Holiday Property, nor is DAE liable for personal or bodily injury to a DAE Member or its Guests and invitees in connection with such use.
Telephone conversations between DAE Members and DAE in connection with the DAE Exchange Program may be recorded and/or monitored for quality control and training purposes and DAE Members hereby expressly consent to such recording and monitoring.
DAE may occasionally offer promotions, products and services through a variety of marketing programs, including through the use of telephone and email solicitations. DAE Members hereby expressly consent and agree to all such solicitations including, without limitation, solicitations by means of prerecorded messaging, automatic dialing equipment, predictive dialing equipment, email and/or similar marketing methods, and further including solicitations to DAE Member’s cellular telephone number, if any.
DAE’s liability to a Member or Guest for any loss, injury or damages resulting from their use of or inability to use the DAE Exchange Program shall be limited to the fees paid to DAE for the relevant use. In no case shall DAE be liable for special, consequential, incidental or indirect damages. Non-DAE Exchange Program related programs and services offered through DAE or by third parties with permission of DAE, are subject to separate terms and conditions and may be changed, eliminated or added to without prior notice to DAE Members. DAE shall not be responsible for the action or omissions and/or representations (whether oral or written) of any third parties. This limitation applies regardless of the form of action whether in contract, tort or otherwise. This limitation of liability shall also apply to DAE and all affiliated companies, successors, assigns and agents of DAE.
Each DAE Member acknowledges that Host Resort is subject to change in the Host Resort’s sole discretion and is not subject to DAE’s control and may differ in assignment, unit size, design, furnishings, amenities, facilities and accessibility for individuals with disabilities from the accommodations of the DAE Member’s Resort. Each DAE Member acknowledges that it is the sole responsibility of the owner, lessor, lessee or operator of any Resort, and not the responsibility of DAE, to ensure that its accommodations, facilities and amenities are accessible to and usable by individuals with disabilities in compliance with all applicable state, federal and local laws.
Upon a DAE Member’s renewal of participation and upon each instance of receipt of a Confirmed Exchange or reservation for Bonus Time or Additional Benefits, any and all legal claims of a DAE Members against DAE are and shall be waived and DAE is and shall be released from any and all liability arising from a DAE Member’s participation in the DAE Exchange Program with respect to a claim which may have occurred through the date of renewal or receipt of the Confirmed Exchange or reservation for Bonus Time or Additional Benefits.
To the best of DAE Member’s knowledge, neither DAE Member, its owners (if DAE Member is an entity), its officers, directors or employees or anyone else affiliated with DAE Member, whether by a common ownership, by contract, or otherwise, has been designated as, or is, a terrorist, a “Specially Designated National” or a “Blocked Person” under U.S. Executive Order 13224, in lists published by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or otherwise.
All written information DAE Member submits to DAE about his/her/its Resort or Timeshare Plan, the DAE Member or his/her/its finances was or will be at the time delivered, true, accurate and complete, and such information contains no misrepresentation of a material fact, and does not omit any material fact necessary to make the information disclosed not misleading under the circumstances. There are no express or implied covenants or warranties, oral or written, between DAE and DAE Member except as expressly stated in these Terms and Conditions or otherwise in this Disclosure Guide.
DAE Member will indemnify, defend and hold the Indemnitees harmless, to the fullest extent permitted by law, from and against all losses and expenses, incurred by any Indemnitee for any investigation, claim, action, suit, demand, administrative or alternative dispute resolution proceeding, relating to or arising out of any transaction, occurrence or service at a Resort, or involving personal injury or property damage, any breach or violation of any contract or any law, regulation or ruling by, or any act, error or omission (active or passive) by a DAE Member, any party associated or affiliated with a DAE Member or any of the owners, officers, directors, employees, agents or contractors of DAE Member or DAE Member’s affiliates. DAE Member has no obligation to indemnify any Indemnitee for damages to compensate for property damage or personal injury if a court of competent jurisdiction makes a final decision not subject to further appeal that the Indemnitee engaged in willful misconduct or intentionally caused such property damage or bodily injury.
DAE Member will respond promptly to any matter described in the preceding paragraph, and defend the Indemnitee. DAE Member will reimburse the Indemnitee for all costs of defending the matter, including reasonable attorneys’ fees, incurred by Indemnitee if DAE Member’s insurer or DAE Member does not assume defense of the Indemnitee promptly when requested, or separate counsel is appropriate, in DAE’s discretion, because of actual or potential conflicts of interest. Indemnitee has the right to retain counsel of its choosing. DAE must approve any resolution or course of action in a matter that could directly or indirectly have any adverse effect on DAE, or could serve as a precedent for other matters.
Any DAE Member whose conduct, or whose family’s, Guest’s or invitee’s conduct, shall be deemed by DAE to be likely to endanger the welfare, safety, harmony or good reputation of DAE or is otherwise improper, may be reprimanded, suspended or expelled from the DAE Exchange Program, and have all privileges associated therewith suspended or terminated. DAE shall be the sole arbiters of what constitutes improper conduct as contemplated herein.
If the Accommodations or Holiday Property for which an Exchange, Bonus Time of any Additional Benefit has been confirmed become unavailable due to natural disaster, act of God, terrorism, civil unrest, or any other event beyond DAE’s control, you waive any and all claims against DAE.
Any complaints about the Accommodations, Holiday Property or services provided at a Host Resort should be made at the earliest opportunity to a person of authority at the Host Resort. In the event the Host Resort does not resolve the matter, you may notify DAE in writing and provide complete and accurate details of the matter within thirty (30) days of your return. We reserve the right to refuse to consider any complaints made where this procedure has not been followed.
Exchange or non-exchange-related programs and services offered by DAE or by third parties with the permission of DAE, including, without limitation all Gold Advantage Benefits, where applicable, shall be governed by this Disclosure Guide including, without limitation, these Terms and Conditions, but may be subject to additional and/or separate terms and conditions and may be changed or eliminated without prior notice to you. Unless specifically stated to the contrary, where the context requires otherwise or where otherwise prohibited, this Disclosure Guide shall control. DAE accepts no responsibility for the acts or omissions of any third parties providing such programs or services directly to you.
If you or your Guest fail to comply with this Disclosure Guide or fail to pay any sums owed to DAE, Resort or any other entity affiliated with DAE, your Confirmed Exchange or reservation may be revoked, your membership may be suspended or terminated, or access may be denied to any of the products or services offered by DAE without further obligation. In the event of a suspension based upon non-payment, your Exchange privileges will remain suspended until all sums that are owed are paid.
If DAE should be prevented, hindered or delayed in the performance of any obligation hereunder, including, but not limited to, providing Accommodations or Holiday Property, due to a “Force Majeure” beyond its reasonable control, and which cannot reasonably be circumvented by DAE through the use of alternate sources or other means, then DAE shall be excused from further performance upon written notice to the affected DAE Member stating the reason for such nonperformance. The term “Force Majeure”, as used herein, shall mean and refer to (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act of terrorism, sabotage, blockade, embargo, accident, epidemic or quarantine; (ii) action by a governmental authority which prevents or delays performance of DAE’s obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within DAE’s power to concede. Notwithstanding DAE’s inability to perform any obligation hereunder, the Member’s obligations hereunder shall continue.
By submitting a review with DAE you understand and agree to allow DAE to reproduce, translate, adapt, modify, and publish that review at DAE’s sole discretion on any DAE related material.
Personal information collected about you through the use of DAE or the DAE Website is subject to DAE’s privacy policy. For more information about DAE’s use and protection of your information, please review DAE's privacy policy located on the DAE Website.
These Terms and Conditions and this Disclosure Guide are exclusively for the benefit of the parties. There are no third party beneficiaries. No agreement between DAE and anyone else is for DAE Member’s benefit. The section headings in this Disclosure Guide are for convenience of reference only.
Should DAE allow DAE Member to deviate from these Terms and Conditions or this Disclosure Guide, DAE may insist on strict compliance at any time after written notice. DAE’s silence or inaction may not be used to establish a waiver, consent, course of dealing, implied modification or estoppel. All modifications, waivers, approvals and consents of or under these Terms and Conditions or this Disclosure Guide by DAE must be in writing and signed by DAE’s authorized representative to be effective.
DIAL AN EXCHANGE, DIAL AN EXCHANGE TIMESHARE, VACATION OWNERSHIP & POINTS CLUBS EXCHANGE SERVICE, DAE, DAE WEEK POOL, GOLD ADVANTAGE, and related markings and design are trademarks that may not be used without the prior written permission of DAE and its affiliates. Other brand names may be trademarks of their respective owners.
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