Terms and Conditions
WHAT YOU SHOULD KNOW
Welcome to the Endless Vacation Rentals web site (the "Web Site") controlled and operated by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) (referred to herein as: "RR", "We", "Our", or "Us"). The goal of this Web Site is to provide you (referred to herein as “You” or “Your”) with easy access to rental accommodations that meet your travel needs. This Web Site is offered to You, conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein ("the Terms"). Your use of this Web Site constitutes Your agreement to the Terms. Please read the Terms carefully before using this Web Site. You may use this Web Site and the services and/or products offered hereunder as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE. In accordance with Our goals, this Web Site may permit You to link to many other web sites, that may or may not be affiliated with this Web Site and/or RR, and that may have web site terms and conditions that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the web site terms and conditions and policies of those sites, not this Web Site.
MODIFICATION OF THE TERMS
The Terms may change without further notice to You, and it is Your responsibility to check the Terms each time You use this Web Site. RR reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site You have agreed to be bound by the Terms that are in effect at the time of Your use of this Web Site.
OWNERSHIP, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by RR, LLC, 14 Sylvan Way, Parsippany, NJ 07054. All content on this Web Site 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 U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by RR or its affiliates, or by 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 RR. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. RR grants You a limited, non-transferable license to use this Web Site in accordance with the Terms. You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. You may print a copy of the content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of RR. You may request consent by faxing a request to RR's General Counsel at 973-753-6207. Without the prior written consent of RR, Your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owner of the Web Site and/or the Provider and is prohibited. As a condition to Your use of this Web Site, You warrant to RR that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms including, without limitation, the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice to You. RR retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site 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, deep link, or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of RR.
You are solely responsible for Your Information, and We act as a passive conduit for the online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site. You are solely responsible for maintaining the confidentiality of Your account information and any identification numbers or codes (collectively, "User ID's"), confirmation numbers, and/or passwords provided to You (as applicable) in the use of this Web Site. You agree to accept responsibility for all activities that occur under Your account, User ID's, confirmation numbers, and/or passwords. You agree to keep such User ID's, confirmation numbers, and/or passwords confidential 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 User ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of a User ID, confirmation number, or password upon Your knowledge or belief that such User ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred. You represent and warrant that You are of sufficient legal age and possess the legal authority to use this Web Site in accordance with the Terms herein and to create binding legal obligations for any liability You may incur as a result of Your use of this Web Site. You understand and agree that You are financially responsible for all uses of this Web Site by You and those using Your login information. You also warrant that all information supplied by You and by those using Your login information is true, accurate, current, and complete. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site.
You are specifically prohibited from any using this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) to take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques; (b) to disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or to use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) to attempt 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 Web Site; (d) to upload, post, email or otherwise transmit any Information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) to violate any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; and (f) to use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy web pages from this Web Site, or content on this Web Site without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
INFORMATION POSTED TO WEB SITE
DISCLAIMER OF WARRANTIES AND LIABILITY
THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, RR AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES, ERRORS OR MISREPRESENTATIONS RELATING TO THE CONTENT AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE PROVIDERS. RR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY RR OR ITS AFFILIATES. ALL SUCH CONTENT, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, RR AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER WE, NOR OUR AFFILIATES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE 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 THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. PROVIDERS ARE INDEPENDENT ENTITIES AND NOT AGENTS OR EMPLOYEES OF RR OR ITS AFFILIATES. RR AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY ACTION ASSOCIATED WITH A PROVIDER.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT RR, ITS AFFILIATES OR PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER RR, NOR ITS AFFILIATES (NOR ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR ANY OTHER FORM OF LEGAL OR EQUITABLE REMEDY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE (OR ANY OTHER LINKED SITE), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE (OR ANY OTHER LINKED SITE), OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RR, ITS AFFILIATES, AND/OR THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RR, ITS AFFILIATES AND THE PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RR, ITS AFFILIATES AND THE PROVIDERS ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, RR'S, ITS AFILIATES' AND THE PROVIDERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION HEREWITH OR ASSOCIATED HEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
You agree to indemnify, defend, and hold harmless RR and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any third party claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs, or expenses, of any kind or nature including, but not limited to, reasonable attorneys' fees, resulting from any violation by You of these Terms or Your use of this Web Site.
THIRD PARTY RIGHTS
These Terms are for the benefit of RR and its Providers, its and their 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.
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by RR from its offices in Parsippany, NJ. RR makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. If use of this Web Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in Your jurisdiction(s), You are not authorized to view or use this Web Site and must exit immediately. Your viewing and/or use of this Web Site constitutes Your representation that You are unconditionally and without limitation permitted to view and use this Web Site and RR may rely upon such representation. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey as they are applied to agreements entered into and to be performed entirely within such state. Any action You, any third party or RR brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or federal courts located in New Jersey and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Additional terms and conditions may apply to reservations made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to RR on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
Reservations confirmed hereunder ("Confirmations") are valid only if issued by RR. Upon receipt, please check all of the details in the Confirmation and notify Us immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated by RR and the Providers as a cancellation.
The total number of people occupying any accommodation must not exceed the maximum occupancy of the particular accommodation set forth in the Confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.
You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider of accommodation.
Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.
A Confirmation may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Confirmation may only be used by the person whose name(s) appears on the Confirmation.
We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.
Destinations and travel times are subject to availability and confirmed on a first come, first served basis. RR's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (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 or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our 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 Our power to concede.
RR AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.
For Vacation Rentals:
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTS
If You believe that Your work has been copied and posted on this Web Site in a way that constitutes copyright infringement, please provide RR's Agent for Notification of Claims of Copyright Infringement the information specified below.
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
Peter M. Wendzel
Wyndham Destinations, Inc.
6277 Sea Harbor Drive
Orlando, FL 32821
Telephone Number of Designated Agent: (407) 626-2018
Facsimile Number of Designated Agent: (407) 626-5193
Email Address of Designated Agent: email@example.com
SELLER OF TRAVEL DISCLOSURES
California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR, LLC is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR, LLC has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
RECOVERY FUND FOR CONSUMERS
DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
1850 East Sahara Avenue, Suite 101
Las Vegas, Nevada 89104
4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502
This inventory is made available by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) an Indiana-licensed limited liability company, whose principal broker is Donald J. Killingback. Endless Vacation Rentals and related marks are registered trademarks and/or service marks in the United States and internationally. All Rights Reserved.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RR.