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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”).  THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS.

Welcome to the Experiences Collection website. By using this website you agree to be bound by these terms (“Conditions of Use”). Welk Resort Group, Inc. (“Welk”) reserves the right to change these Conditions of Use at any time. It is your responsibility to review the Conditions of Use for updates or changes. You should not access or use this website if you do not agree with the Conditions of Use.

  1. User’s Acknowledgements

As a condition of your use of this website, you warrant that:

(a) You are at least eighteen (18) years of age and possess the legal authority to create a binding legal obligation.

(b) You are current on all monthly payments and association dues pertaining to any Welk timeshare you may own (failure to remain current may result in suspension or termination of your access to this website).

(c) You will only use this website to make reservations for you or for another person for whom you are legally authorized to act.

(d) You will inform such other persons about the Conditions of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.

(e) You agree to safeguard any log-in information and will be completely responsible for any use of your account by you and anyone other than you, with or without your knowledge.

(f) You will not use this website to interfere with the security of this website, or any services, system resources, accounts, servers or networks connected to or accessible through this website, or to transmit any viruses or other harmful, disruptive or destructive files.

(g) You agree to abide by the terms and conditions of any provider of the travel products, benefits, and/or services that you purchase on this website.

  1. The Experiences Collection Program

The Experiences Collection by Welk Resorts is a curated assembly of resorts that are not developed or managed by Welk and are not currently part of the Welk Resorts Platinum Program, but that are accessible to Platinum Owners via direct exchange.  Platinum Owners have access to a limited number of units and intervals at the resorts in the Experiences Collection. Participation in the Experiences Collection program is voluntary, and all reservation requests are subject to availability.

  1. Reservation Procedures

A reservation request may be made by contacting the Owner Services Department. Although this can be done by company website, by telephone, telefax, e-mail or mail, we recommend that you make your reservation request by either website or telephone.  A “Week” consists of seven (7) consecutive nights commencing on the check-in day established by the resort at which a reservation is made (resort check-in days and check-in times vary; please review the resort information on this website prior to requesting your reservation).

Twelve months or less prior to check-in, all Platinum Owners will have the right to reserve a “Week” at an Experiences Collection resort of choice, subject to availability.  Platinum Rewards Program benefits, including expanded reservation windows, do not apply to Experiences Collection reservation requests or stays.  Experiences Collection reservations are for personal use only and may not be used for rental.  Reservations must be in full “Week” increments as described above. “Split Week” or “Short Stays”, for periods less than a Week or periods more than a Week that do not equal 7-day increments, are not available.  Two months or less prior to check-in, Welk Resort Group, Inc. or the Welk Platinum Owners Association may also have access to inventory for their rental programs. All reservation requests are subject to availability and will be processed on a first come, first served basis. In the event that reservation requests are received at approximately the same time and cannot all be confirmed for a particular Week, the Association will confirm reservations to Owners in an equitable manner.  Processing of reservation requests may include telephone follow-up on a recorded line, and by making your reservation you hereby consent to the recording of such communications.

Your reservation request must be confirmed in writing via mail, telefax, or by e-mail by the Association’s Managing Agent before it is valid, except that reservation requests confirmed less than seven (7) days prior to occupancy may be confirmed by telephone or e-mail. The confirmation form will contain a reservation number and a statement of your Points Account showing the Points to be debited for the confirmed reservation. If you do not receive a reservation confirmation or other response within 14 days after making your reservation request, you should telephone the Owner Services Department.  Some resorts require a deposit or credit card hold (e.g., for incidental charges) upon check-in; please review the resort information on this website prior to requesting your reservation.

  1. Cancellation Policy

Reservations may be canceled subject to the following rules (a change in reservation date is considered a cancellation):

Any reservation that is canceled is subject to cancellation charges, policies, and procedures imposed by the resort at which the reservation was made, together with any cancellation fee charged by the Managing Agent.

(i) Reservations cannot be canceled/changed to utilize Points Accrued in substitution for basic Platinum Points.  You cannot cancel/change a reservation to change the combination of Point types or use years (e.g., borrowed or accrued Points) utilized when making your reservation.

(ii) Reservations cannot be canceled/changed to decrease days of a full Week reservation when originally booked as a Week.

(iii) Reservation cancelation/change must be a different week choice or reservation is forfeited in full. Any reservation is automatically canceled if you are delinquent 30 days or more in vacation ownership association assessments or in any financial obligation to the Developer or its assignee(s) regarding the purchase of an interest in the Program.

Cancellations made more than two (2) months before check-in are subject to a fifty dollar ($50.00) cancellation fee.  One hundred percent (100%) of the Points will be fully reinstated to your Points Account.

Cancellations made two (2) months or less and more than twenty-one (21) days before check-in are subject to a fifty dollar ($50.00) cancellation fee.  One hundred percent (100%) of the Points will be reinstated to your Points Account, but the reinstated Points will be subject to a two (2) month booking window (you may only use them to make reservations two (2) months or less before the check-in date).  Otherwise, the reinstated Points will be forfeited.

Cancellations made twenty-one (21) days or less before check-in are subject to a fifty dollar ($50.00) cancellation fee.  Fifty percent (50%) of the Points will be reinstated to your Points Account, but the reinstated Points will be subject to a two (2) month booking window (you may only use them to make reservations two (2) months or less before the check-in date).  Otherwise, the reinstated Points will be forfeited.

If you cancel a reservation less than seven (7) days prior to check-in or do not check-in within forty-eight (48) hours of your check-in time without notifying the resort of a late arrival, you will forfeit the reservation and 100% of the Points used for the reservation.

  1. No Warranties

WELK HAS NO OBLIGATION AND MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE ACCOMODATIONS AND RESORTS LISTED ON THIS WEBSITE, INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WELK EXPRESSLY DISCLAIMS AND YOU IRREVOCABLY WAIVE, EACH OF THE FOREGOING WARRANTIES.

ALL RESERVATIONS ARE SUBJECT TO AVAILABILITY, AS WELL AS ANY TERMS, CONDITIONS, OR RESTRICTIONS IMPOSED BY THE INDIVIDUAL RESORTS IN THE EXPERIENCES COLLECTION.

  1. Dispute Resolution

Resolving customer concerns where reasonably possible to do so is important to us. If your concern has not been resolved, you may contact our customer service center at (760) 650-4358. If we cannot agree, then any dispute must be resolved as set forth below:

(a) Any dispute, claim, suit, demand or controversy arising out of or relating to the use of your Welk timeshare product (e.g., Platinum Points), The Experiences Collection, or these Conditions of Use, including without limitation the breach, termination, enforcement, interpretation, or validity thereof, and/or the scope or applicability of this arbitration agreement, (“Dispute”), shall be determined exclusively and finally by arbitration. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as an award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both Parties, and renders an award enforceable in court. Decisions by an arbitrator are as enforceable as any court order and are subject to very limited review by a court. By agreeing to mandatory and binding arbitration, you are agreeing to waive the right to go to court to enforce or defend your rights, and to waive your rights to a jury trial and to litigate claims on a class-wide or class-action basis. The parties’ rights will be determined by a neutral arbitrator.  If any part of this Section 6 other than the class action waiver in this paragraph is declared unenforceable, the remainder shall be enforceable.  If the class action waiver is declared unenforceable in a proceeding between you and Welk, without impairing the right to appeal such decision, this entire Section 6 (except for this sentence) shall be null and void in such proceeding.  It is intended that this agreement to arbitrate be broad and comprehensive and includes, without limitation, any Dispute arising out of or related to you use of this website, The Experiences Collection, the purchase and/or use of Platinum Points, your participation in any activities/events sponsored, organized, or made available by Welk or its affiliates, and your use of the products, benefits, and/or services purchased on this website.

(b) The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”). The arbitration shall be held in San Diego County unless another location has been agreed to by the parties in writing. The parties can appear at the arbitration in person, via telephone, or via video conference (if available). Either party may submit its position for decision on the papers (solely by written presentation) in a format that is fair to both parties and acceptable to the Arbitrator. If you initiate the arbitration, Welk will pay all administrative and arbitrator fees that exceed the amount of the filing fees that you would have to pay if you had brought a lawsuit in state court (in San Diego County). The arbitration shall be held before a single arbitrator and shall be conducted pursuant to this Agreement, the Federal Arbitration Act (9 U.S.C. § 1 et. Seq.) and JAMS Streamlined Rules and Procedures. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision which will be final and binding except for any review under the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to constitutional limits that would apply in court). The arbitrator shall resolve the Dispute as quickly as possible, within one hundred eighty (180) calendar days from the commencement date where reasonably possible. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitrator shall be entitled to award any damages provided for under applicable law.

(c) The arbitrator shall have sole authority to determine the scope of the arbitration provision in this paragraph. In the event that a Dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration. Should either party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this arbitration provision.

(d) The arbitration award shall be final and binding on the parties, and if the arbitrator’s award is equal to or less than Five Thousand Dollars ($5,000.00) there shall be no right of appeal. Judgment on the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. In the event of a conflict between the applicable arbitration rules and these Conditions of Use, then these Conditions of Use shall govern. The parties retain the right to commence an action in a small claims court that is within the scope of the California small claims court’s jurisdiction unless: (i) that small claims action is transferred, removed or appealed to a different court; (ii) the Dispute is already in a pending arbitration proceeding; or (iii) the Dispute has already been resolved in arbitration.

(e)  Purchaser may reject this arbitration provision by sending a written notice which gives your name, address, and Auditions or Platinum contract number (if any), and states that you reject this arbitration provision.  The rejection notice must be sent by certified mail, return receipt requested, to WELK RESORT GROUP, INC.  300 RANCHEROS DRIVE STE. 100, SAN MARCOS, CA, 92069 ATTN: ARBITRATION OPT-OUT.  Your rejection notice must be signed and received by us within thirty (30) days after your acknowledgment of these Conditions of Use.  Rejection of arbitration will not affect any other term of these Conditions of Use.

 

(f) Further information about arbitration may be obtained from JAMS online at www.jamsadr.org, by calling (619) 236-1848 or writing to JAMS, 401 B Street, Suite 2100, San Diego CA 92101.

  1. Governing Law

Except as otherwise prescribed herein, these Conditions of Use shall in all respects be construed, interpreted and enforced in accordance with the laws of the State of California, without regard to its conflicts or choice of laws principles. The parties agree that this Agreement evidences a transaction involving interstate commerce so as to ensure the applicability of the FAA. In the event of a conflict between California law and the FAA, the FAA shall govern. The parties unequivocally agree that all Disputes (defined above) between the parties shall be brought exclusively within the County of San Diego, State of California.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Welk, its parent, subsidiaries, and affiliates, and their respective owners, shareholders, officers, directors, employees, representatives, and agents (the “Indemnified Parties”) from and against any claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees) arising out of or relating to (i) your conduct, and/or that of your guests, (ii) your use of this website, (iii) your breach of these Conditions of Use, and/or (iv) your violation of any law or the rights of a third party.

  1. Limit of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES (DEFINED ABOVE) BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THIS WEBSITE AND THE EXPERIENCES COLLECTION. WELK’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO THE EXPERIENCES COLLECTION SHALL BE CURRENT PURCHASE PRICE OF THE PLATINUM POINTS USED FOR YOUR EXPERIENCES COLLECTION RESERVATION.

  1. Merger and Severability

These Conditions of Use supersede all prior agreements between the parties, whether verbal or written, with respect to the subject matter contained herein and constitute a complete and exclusive statement of the agreement between Welk and you with respect to their subject matter. The invalidity or unenforceability of any provisions of these Conditions of Use shall not affect the validity or enforceability of any other provision of these Conditions of Use, which shall remain in full force and effect.

  1. Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy for information about how Welk uses and collects information. By using our Site, you consent to the use of your personal information as described in the Privacy Policy, which is hereby incorporated into these Conditions of Use by reference.

 

  1. Electronic Communication

You authorize Welk and all of its parent, subsidiary and affiliate companies, as well as any successors, assigns, agents or other representatives, to contact you using all available channels of communication, including by email to the email address provided, or to any of your future email addresses, and/or by using any form of automated technology to call, send text messages, or deliver communications using an artificial or prerecorded voice, to any of your telephone number(s), including your wireless number(s), or any of your future telephone and/or wireless numbers.  You understand that message and data charges may apply.  You understand that this consent is not required to make purchases. You understand that any of your telephone calls with the entities referred to in this paragraph may be monitored and/or recorded.  To terminate your consent to any of the forms of communication listed above, please contact Owner Services at (855) 455-WELK or via email at OwnerServices@welkgroup.com.