Breakawaycation.club membership terms of service
The following are the Terms of Service for all of the BreakawayCation.Club MEMBERSHIP PACKAGES.
1. Membership Access:
By purchasing an annual, lifetime, or monthly package you will have FULL access to use the following Breakout Corporate websites, if you purchased the monthly package you will have full access every month unless your payment is not received due to cancellation or inability to collect monthly payment from the credit card provided. If you are paying annually you will receive everything for a better value and your payment will be due annually, Please see more detail in section 2. PAYMENT TERMS of this contract for more detailed description of payment agreement.
- breakawaycation.com-Full access
- breakawaycation.club-Full access
- breakawaycard.com-Full access
- timeshared out.com-full access
In accordance with the annual or monthly amount agreed upon on the purchase day of your membership. This annual renewable access shall include the non-exclusive and unrestricted right to use Breakout Corporate’s technology network and inventory ,subject to the terms and conditions of this agreement. The right of the member does hereby represent and warrant that he/she is executing this agreement on his/her own and not for the benefit of third parties. Third parties for the purpose of this agreement shall not be defined to include immediate family members of the member. The member does hereby agree that all rights conveyed by this agreement are solely for their own individual benefit.
2. Payment Terms:
The member hereby agrees to pay breakawayation LLC either monthly or annually depending on membership selected At the time of purchase. The member does hereby agree to pay the membership Fee by credit card or debit card and does hereby authorize breakawaycation to charge the member fee to said credit or debit card entered upon initial purchase.
IF Annual Membership is selected at the time of purchase member will have full access for an entire year to the RED AND BLUE booking engine as well as all discount booking engines offered with every membership. Member does hereby agree to pay an Annual Renewal Fee to Breakawaycation automatically unless canceled within 15 days prior to renewal date. The member is always locked in at the original purchase price even if the price of the annual membership increases as long as he is current and does not cancel. HOWEVER if member does choose to cancel membership is subject to current membership prices. The same rules apply for the corporate vacation insurance program if paid annually.
IF Monthly Membership is selected a member will have full access to the CLUB inventory which includes the RED and BLUE booking engines, as well as all discount booking engines offered with every membership for the period of 30 days and will renew automatically on the purchase date unless the member cancels. Member can cancel at ANYTIME however member will need to cancel and send an email at least 15 days prior to the billing date in order for the members charged to not be charged. If the member has booked a vacation within that month member cannot cancel until the vacation travel date is full-filled or the member will be unable to obtain the member price upon check-in. The same rules apply for the corporate vacation insurance program if member is paying monthly.
3. Discount Variation:
AII benefits and discounts conferred through this Agreement vary greatly based on the characteristics of the vacation unit or type, the time of year, space availability, and/or the rates charged by those parties listing the accommodations for rent. The member acknowledges that he/she has been advised that while some discounts may be significant, these same accommodations may not enjoy deep discounts at other times and that deep discounts are not available for some vacation units or types at any time. The member acknowledges that although most discounts are received up front, other discounts are provided in the form of rebate. The member acknowledges that each booking engine will also have specific terms and conditions that must be followed and accepted upon each booking made.
4. Reservations and Third Party Vendors:
All reservations are satisfied on a first come, first service, space availability basis and must be reserved to confirm dates and pricing. All reservations must be reserved and paid for by credit card. Reservations are for the member’s personal use only and may not be rented, sold, given away or otherwise transferred to any third party. The person named on the confirmation must be present in order to obtain the reserved product or accommodations. The member acknowledges that some reservations may require additional fees to be paid directly to the establishment at the time of arrival. The member acknowledges that the network may contract with third party vendors, providers and suppliers to provide any or all network benefits available to the member in connection with the breakawaycation.com All coupons, receipts and tickets are issued subject to the conditions specified by each of the various suppliers.
5. Online Software Tutorial Video:
The member acknowledges that he/she understands they have access to a video demonstration online, and a complete tutorial covering usage of the software program operation. The member acknowledges that they are comfortable using a computer and booking travel online customer service will only be available after the reservation is booked. If you have any questions on how to navigate through breakawaycatiom.com please refer to tutorials first and then contact firstname.lastname@example.org if you are unable to resolve your issue.
6. Referrals for Timeshare Transfers Not Inducement:
Breakawaycation may refer the member to a title company or other investor who may offer services to transfer the members timeshare at the sole discretion of the member and the Third Party. Any timeshare transfer referral shall not be considered a material term to this Agreement, as inducement to execute this Agreement, as any form of consideration constituting a term of this Agreement, or create any duty to perform on the part of the Licensor but rather as an accommodation for the benefit of the member at the members request. In some cases, the Third Party may be a Related party in terms of common ownership or management, but this shall not create a duty to perform for breakawaycation or any Breakout corporations.
7. Right of Cancellation:
Breakwaycation hereby grants member a right to cancel his/her rights granted by this Agreement within 5 days of executing this Agreement. Cancellation shall immediately revoke the member’s rights to access the discounts and membership benefits offered by breakawaycation.com, club memberships “TRAVELER” “VACATIONEER” OR “CORPORATE TRAVELER” referred to herein and shall immediately terminate access to the EXTRA booking engines made available with said memberships HOWEVER…..Member can still continue to access inventory to book their breakawaycard if one was purchased and any membership access associated with the card, or the FREE dabbler membership. If canceled within 5 days member is entitled to a full refund. After the 5th day member may NO longer cancel.
8. EXCEPTION to 5 day CANCEL:
If a member books any travel during the 5 days they have to cancel the cancel period becomes NULL AND VOID!!!!! Member WILL NOT be able to check into the resort as he will no longer be an active member and therefor cannot receive the discounted price that was booked. Cancellation must be emailed to email@example.com before MIDNIGHT on the 5th day after purchase date!!!!!!
9. Breach of Terms and Conditions of Agreement:
Should the member breach any provision of this Agreement or the terms and conditions of any of the websites accessed through Breakawaycation.com or breakawaycard.com, Breakout Corporation shall be entitled to suspend and/or terminate the member and retain, as liquidated damages, all sums received from the member.
10. Licensee’s Representations and Acknowledgements:
The member represents and acknowledges that he/she is at least Eighteen (18) years of age and has the capacity to acquire the membership that is the subject of this Agreement and to receive the benefits conveyed by the Breakout Corporate. The member further represents that he/she has entered into this Agreement solely for the purpose of aiding in vacation planning and/or obtaining access to vacation discounts and not for the purposes of acquiring an investment of any kind, including an appreciating investment or with an expectation that the membership may be transferred for a profit. No representations have been made by the Breakout Corporate to the member concerning rental pools, rates of return, tax advantages, depreciation, or investment potential. The member represents and warrants that he/she is not under the influence of any medications, alcoholic beverages, or other substances that may impair their ability to properly evaluate and execute an agreement of this or any nature.
11. Address for notice:
Any notice that may be required pursuant to this Agreement shall be sent to the address:
- Breakout Corporate legal
- 782 S, River Rd. #286
- St George, Ut 84790
12. Agreement not to Copy or Modify Software:
The licensee hereby agrees that the licensee may not copy or reproduce any software licensed through this Agreement. The licensee hereby represents and warrants that he/she shall not attempt to modify, adapt, or create derivative networks based on the rights gained through this Agreement or the software licensed by this Agreement. The Licensee does hereby represent and warrant that he/she shall not attempt to reverse engineer, decompile, or disassemble the software licensed through this Agreement.
13. Choice of Forums and Choice of Law:
ALL disputes, differences and controversies arising in connection with the determination of whether Breakout Corporate has adequately discharged its duties hereunder, shall be settled and finally determined by a court of law with jurisdiction in Wilmington, Delaware under the laws of the State of Delaware. The Break out Corporate and member both hereby agree that in all matters of controversy surrounding this Agreement, each respective party shall be responsible for their own respective attorney fees.
14. Enforceability of Contract Provisions:
manner as to be effective and valid under applicable law, but if any provision hereof shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity only, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
15. Entire Agreement:
This instrument contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect to such subject matter. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
16. Countries and states allowed:
Currently this membership is allowed in the United states except for the states of Iowa,Washington,and, florida. Most other countries acceptable, however inventory may be limited in other countries. Most vacations will require you to have a passport for travel. Breakout Corporate is not responsible for any travel that is unobtainable for members in other countries.
17. Acceptance of terms:
By agreeing to the terms of service you also agree to the Website Terms and Conditions for the BreakawayCation Community and any of its third party vendors.
Updated on 01/10/2018