V.I.P. Lifestyle Destinations, LLC (“VIP-LD”) is a US, New York State based company offering a membership service for use by its Individual Members, and in certain circumstances other travel and leisure benefits. The obligations of VIP-LD, pursuant to these terms and conditions, may be performed by VIP-LD, its authorized representatives, or designated licensees.

Resorts and hotels may offer their own membership to VIP-LD clients (with or without VIP-LD memberships). The Individual Membership Application and the terms and conditions contained therein comprise the contract with VIP-LD, which is a separate and distinct contract from a Member’s contract with the resorts or hotels. Individual Membership commences upon VIP-LD’s receipt of said Application and the applicable membership fee.

To apply membership reservation rates to resorts or hotels, reservations must be made and confirmed by Member with VIP-LD.

Where an Individual Member purchases an additional Vacation Interest(s) with a resort or hotel, VIP-LD shall honor this current agreement, however, the member should confirm if their agreement with resort or hotel may override this agreement as it relates to their specific resorts and/or hotels. In such cases, the reminder of this agreement with other resorts and hotels remain as is for the duration of the agreement.

V.I.P. Select® refers to the upgraded benefits package available to Individual Members in good standing upon payment of the applicable V.I.P. Select® membership upgrade fee. V.I.P. Select status provides Members with certain additional travel and leisure benefits not available through basic membership.

Membership benefits will be provided so long as the Member is in good standing with VIP-LD. Additionally, the Member must be in good standing with the resort and/or hotel of interest. Membership benefits, are subject to separate terms and conditions set by resorts and/or hotels and as indicated in reservation confirmation documents. Said benefits and their terms of use may be changed, substituted, or eliminated without prior notice. Some benefits are provided by independent third parties and VIP-LD expressly disclaims responsibility for the acts or omissions of any persons or entities providing such benefits.

Representations concerning Individual Membership are limited to materials supplied or otherwise approved by VIP-LD in writing. ALL OTHER REPRESENTATIONS ARE NOT VALID OR BINDING ON VIP-LD. Not all Resorts and Hotels are included in the Resorts and Hotels Directory. The failure to picture a Resort or Hotel in the Resort and Hotel Directory, however, does not necessarily mean that such Resort or Hotel is not in good standing with VIP-LD, or that an Individual Member is not entitled to reservation privilege. Likewise, the inclusion of a Member Resort in the Resort Directory does not necessarily mean that such Member Resort is in good standing with VIP-LD. All reasonable efforts are made to ensure that published information is accurate. VIP-LD, however, expressly disclaims liability in the event of omission or error.

Individual Members acknowledge that:
(a) Resort facilities, amenities, and services vary by country, location, and resort/hotel, and room accommodations vary in size, décor, interior detail, and view from unit.
(b) VIP-LD is not liable for any damage, loss, or theft to personal property left in the accommodations; nor is VIP-LD liable for any damage, loss, or theft to personal property which occurs through Members’ use of Host Accommodations.
(c) VIP-LD is not liable for any personal or bodily injury which occurs either at Resort or Hotel.
(d) Upon renewal of membership, any and all claims against VIP-LD are waived, and VIP-LD is released from all liability, if any, arising out of Individual Membership which occurred prior to the renewal of same.
(e) VIP-LD’s liability, if any, in connection with Individual Membership is limited to the membership fees paid to VIP-LD by the Member.
(f) All rules and regulations of the resorts or hotels, as well as these terms and conditions, must be adhered to. Violation of such rules or these terms and conditions may result in cancellation of membership without further obligation by VIP-LD.
(g) Memberships in VIP-LD may be used only for personal and non-commercial purposes.
(h) Telephone conversations between Individual Members and VIP-LD employees or representatives may be recorded and/or monitored for training and quality control purposes.
(i) VIP-LD is prohibited from doing business with certain entities, individuals, and groups of individuals as may be set forth from time to time on the Specially Designated Nationals and Blocked Persons List, and the Terrorism List (collectively, “Blocked Parties”). If VIP-LD receives an Application for Individual Membership from a purchaser defined as a Blocked Party, VIP-LD reserves the right to refuse membership for such purchaser. If a purchaser’s status changes subsequent to being enrolled such that such Individual Member becomes a Blocked Party, VIP-LD will cancel the membership without further obligation by VIP-LD.
(j) If VIP-LD should fail or be delayed in the performance of any obligation hereunder, including, but not limited to, providing accommodations due to causes beyond the control of and without the fault or negligence of VIP-LD, then VIP-LD shall be excused from further performance upon written notice to the affected Member stating the reason for such nonperformance. Such causes may include, but are not limited to, acts of God or public enemy, fire, strikes, lock-out or other labor unrest, riot, explosion, civil disobedience, declared or undeclared war, revolution, insurrection, boycotts, acts of piracy, acts of terrorism, acts of public authorities, blockade, embargo, accident, epidemic or quarantine, and delays or defaults caused by public or common carriers.

Members acknowledge and agree that VIP-LD may, upon occasion, offer various products and services through programs and electronic messaging, and members consent to such electronic solicitations including, but not limited to, solicitation through automatic dialing equipment, predictive dialing equipment, pre-recorded messages, and/or electronic messaging.

The terms and conditions of membership with VIP-LD shall be construed upon the laws of the state of New York. By maintaining Individual Membership in VIP-LD, Members consent to the exclusive subject matter and personal jurisdiction of the courts in New York City, New York. In the event of litigation between the parties, the prevailing party shall be entitled to all costs incurred, including reasonable attorneys’ fees.

To utilize the membership privilege, active membership (paid in full) in good standing must be in effect from the time a deposit is made and/or a request is placed through the actual requested and/or confirmed travel dates and/or the commencement date of the travel dates requested (whichever occurs later). If membership has expired for requested travel dates, reservation can still be provided at non membership rates.

Once VIP-LD issues a Confirmation, it may be canceled only in accordance with VIP-LD’s Cancellation Policy, Confirmation Policy and/or terms and conditions indicated on electronic invoice, which ever is more stringent. This is also based on the policy set forth by resort or hotel of reservation.

The Accommodations reserved via membership may be used only for personal and non-commercial purposes. Only the Member named on the confirmation form and accompanying family members or guests may occupy the Accommodations. Members are expressly prohibited from exchanging or renting the Accommodations.

VIP-LD may suspend membership privileges in the event a Member fails to pay an amount owed to a resort or hotel, VIP-LD, or any other company related to VIP-LD.

Membership fees are refundable on a pro rata basis (based upon the number of full months remaining in the applicable membership period) upon VIP-LD’s receipt of a Member’s written request for cancellation of his/her membership and a refund. Upgrade fees for V.I.P. Select status are also refundable on the same basis, provided, however, that the Member also returns to VIP-LD any V.I.P. Select membership card(s) that he/she has received. Failure to renew membership within 90 days from any expiration thereof may require payment of a readmission fee to reinstate membership.

NO DEVELOPER, MARKETER, OR SALESPERSON OF ANY MEMBER RESORT OR HOTEL IS AN AGENT FOR OR A JOINT VENTURER WITH VIP-LD. VIP-LD DOES NOT SELL, LEASE, OR OTHERWISE CONVEY AN INTEREST IN ANY REAL PROPERTY. NEITHER VIP-LD, NOR ANY OF ITS OFFICERS OR DIRECTORS, HAS ANY LEGAL OR BENEFICIAL INTEREST IN ANY DEVELOPER, SELLER, OR MANAGING ENTITY OF ANY RESORT OR HOTEL, INCLUDING THOSE PARTICIPATING IN AN EXCHANGE PROGRAM. THEREFORE, YOU AGREE THAT VIP-LD IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIM OR LOSS INCURRED IN CONNECTION WITH YOUR OWNERSHIP OF A VACATION INTEREST OR YOUR PARTICIPATION IN A VACATION OWNERSHIP PROGRAM.