Terms of use statement

Introduction

Welcome to the MyResortStays Website (this “Website”). This Website is operated by RCI Europe,  a company registered in England and Wales under company number 4141380 with registered office Kettering Parkway, Kettering, Northants, NN15 6EY ( “we”, “us”, or “our”).

By visiting or using the Website you hereby agree to and accept the terms outlined below without modification of the terms, conditions and notices (the “Terms”) contained therein. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU MUST NOT USE THIS WEBSITE.

We reserve the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time without notice. Such modifications, alterations or updates shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.

If you place a booking with us, then the MyResortStays booking terms and conditions (the “Booking Terms”) apply to your contract with us . If there is any inconsistency between the Booking Terms and the Website terms, the Booking Terms shall prevail. We recommend you print off and keep a copy of the Terms and the Booking Terms.

All on-line activities and transactions are subject to written confirmation.

Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy.

For more information, please review our Privacy Policy.

Intellectual property rights

All content on this Website, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by US and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by us, our affiliated or related entities, associates or partners; or by any third party content providers, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to us.

Content on this Website is solely for your personal, non-commercial use. You may print a copy of the content, but you may not copy, reproduce, republish, upload, post, transmit, distribute and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without our prior written consent. You may request consent by emailing a request to us at . Without our prior written consent, your modification of the content, use of the content on any other Website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates our rights copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

Given the unique nature of the internet and the need to secure our systems and proprietary technology, we reserve the right in our sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Website or who violate these Terms. If you violate any of these Terms, your permission to use this Website immediately terminates without the necessity of any notice.

You may not use on your Website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own website, or another’s, any of the content or other materials on this Website without our prior written consent.

User identification

If you are provided with user identification and/or passwords (collectively, “ID’s”), (as applicable) in the use of this Website, you shall maintain such ID’s, in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your ID’s. It is also your responsibility to immediately request discontinuation of an ID upon your knowledge or belief that such ID may be subject to a breach of confidentiality. We may suspend or terminate your service or access to this Website if we believe a breach of these Terms has occurred.

Prohibited activities

You agree not to use or permit others to use this Website for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (b) disclosing to, or sharing with, any unauthorised third parties ID’s or using the same for any unauthorised purpose; (c) attempting to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website; (d) uploading, posting, emailing or otherwise transmitting any content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) falsifying or deleting any attributions, legends or other proprietary designations of the origin or source of content appearing on this Website or contained in a file that is uploaded; (f) impersonating or otherwise misrepresenting your affiliation with any other person or entity; (g) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (h) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our web pages or content without our prior written permission, provided that generally available third party web browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

Links to other websites

This Website may permit you to link to third party websites which are not controlled by us in order to provide the best web-based service. Although these linked websites are carefully selected we are not responsible for these websites, the contents or any of the material therein. Additionally you will also be governed by the terms, conditions, notices and policies of use of those websites, not this Website.

You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your own or any other website by us .

Dealings with advertisers

Your correspondence or business dealings with, or participation in promotions of advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser. You agree that we (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on this Website.

No warranties

ALL CONTENT AND INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS FOUND” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.K. AND EU LAWS APPLY TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.

NEITHER WE, NOR OUR PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT AND INFORMATION THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, INFORMATION, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.

Limitation of liability

IN NO EVENT SHALL WE NOR OUR PROVIDERS, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY LOSS, DAMAGE, LIABILITY (WHETHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES) OR OTHER CAUSE OF ANY KIND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED WEBSITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.

BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR PROVIDERS SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

OUR LIABILTY AND THE LIABILITY OF OURPROVIDERS SHALL BE LIABILE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF ANY TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.

THIS LIMITATION OF LIABILITY APPLIES ONLY TO THE EXTENT THAT IT IS PERMITTED BY LAW.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Price and payment

The price you pay is the price displayed on this Website at the time we receive your payment. Whilst we try and ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the order, you will receive a full refund.

Free From Bugs And Viruses

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM.

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Governing law and jurisdiction

The information on this Website is directed solely at those who access this Website from the United Kingdom. These Terms (and any disputes, claims or proceedings of whatever nature arising out of the use of this Website) are governed by and shall be construed in accordance with the laws of England and Wales. You hereby consent and submit to the exclusive jurisdiction of the Courts of England and Wales in all disputes arising out of or relating to this Website.

If you are accessing this Website from outside the United Kingdom you are responsible for compliance with your local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained in this Website in violation of UK and EU export laws and regulations. If any provisions of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.

Indemnification

We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable agencies. You agree to indemnify, defend and hold us harmless  and its Providers, and its officers, directors, employees, affiliated or related entities, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your use of this Website, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrong doing by you.

Suspension and/or termination of use

By You: You may discontinue your access to this Website at any time. These Terms will continue to apply to all past use of this Website by you, even if you are no longer using it.

We can in our sole discretion, suspend or terminate your access to this Website, including your ability to submit information to us, without prior notice to you, if we reasonably believe that: (a) your conduct violates or has violated any provision of these Terms; (b) your conduct violates or has violated our or the Providers’, other users’, or third party’s rights; and/or (c) it is inappropriate for you to enjoy continued access to or use of this Website. Moreover, we reserve the right to terminate the access to the Website of inactive users. You acknowledge and agree that upon termination, we may (but are not obligated to) delete all information related to you or your membership and may deny you access to this, to the extent permitted by law.

Other general provisions

These Terms are for the benefit of us and the Providers and our respective officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Website.

The provisions and conditions of these Terms, and each obligations referenced herein, represent the entire agreement between us (including the Providers) and you, and supersede any prior agreements or understandings not incorporated herein. If any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms shall prevail.

If you have any questions or problems with respect to this Website please contact us at eaapartments@rci.com

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

To contact MyResortStays, please email ContactUsatMyResortStays@wyn.com.

 

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