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Re: Question about Renting

[Q=brendac23] Hi All I'm living in Ireland and in the process of renting a timeshare from someone in the US.I'd appreciate it somebody/anybody could e-mail a sample of the rental agreement.I'm sooo nervous doing this and my husband not too happy at all.The only reason i'm doing it is because it's much cheaper to do it this way. Thanks in advance[/Q] ========= You may already have seen JayJay's sample agreement. Here is another one of several I have in my files. The owner should provide something rather like this. Timeshare Gateway – Use Agreement AGREEMENT dated this DATE by and between Owner and the Resort Guest. 1. Owner(s)/Agent of unit ("Owner"): Name: ____________________________________________________________ Address: ____________________________________________________________ City: ____________________________________ State: __________ ZIP: E-mail address: ____________________________________________________________ 2. Resort Guest(s) in unit ("Guest"): Name: ____________________________________________________________ Address: ____________________________________________________________ City: ____________________________________ State: __________ ZIP: E-mail address: ____________________________________________________________ 3. Unit subject to Agreement ("Unit"): Resort name: ____________________________________________________________ Resort address: ____________________________________________________________ Unit designation (building, unit #, etc) if known: __________________________________ Number of bedrooms: _____ Number of bathrooms: ____ Maximum occupancy: _____ 4. Term of use ("Term"): Starts at _____ p.m. on (day of wk) ___________ (date) __________, 200__. Ends at _____ a.m. on (day of wk) ___________ (date) __________, 200__. 5. Fee for term: Fee per day: $__________ Total fee for stay: $__________ Paid upon signing $__________ Balance of $__________ to be paid by ______________, 200__. 6. Additional charges: Services and activities for which additional fees may be charged by the resort to Guest include the following: (to be filled in by owner/agent, if applicable) 7. The Guest agrees to fee the Unit from the Owner and the Owner agrees to the Guest's use of the Unit. Timeshare Gateway – Use Agreement 9. The term of this Agreement is for the period designated in paragraph 4. The Guest may use the Unit during the term without interference, subject to the terms of this Agreement. If the Unit is not habitable on the day that the Term starts by reason of flood, fire, storm or a satisfactory substitute is not made available, the Owner shall refund the fee forthwith and will thereafter have no further liability to Guest. 10. The Guest agrees to pay the fee set forth in paragraph 5 at the times stated in that paragraph. If the fee is not received by Owner on or before the date specified, the Owner may declare the Guest in default by written notice sent by certified mail or by fax. If the default is not cured within 5 days after receipt of the notice, the Owner may keep the initial fee payment as agreed damages and this Agreement shall terminate. 11. The Guest may use the Unit only in accordance with the rules and regulations of the resort in which the Unit is located. No pets are allowed unless permitted by the resort. 12. The Owner will pay maintenance fees and all utility charges for the Unit. 13. The Guest will pay for telephone calls from the Unit (if available), any housekeeping services for which there is an additional charge, and any other extra charges (except utilities) imposed by the resort for services or for the use of its facilities. 14. The Guest agrees to maintain the Unit in the same condition as it is at the start of the Term except for ordinary wear and tear. The Guest will pay for all repairs, replacements and damages caused by the act or neglect of the Guest, the Guest's household members or guests. If requested at time of registration, Guest will sign a credit card charge slip to secure payment for any such repairs, replacements or damages. 15. Immediately upon receipt of the full fee payment, the Owner will notify the resort manager in writing that Guest will be occupying the Unit during the stated Term. At the same time, a copy of the letter will be sent by Owner to Guest. 16. The Owner is not responsible for any inconvenience or interruption of services due to repairs, improvements or for any other reason beyond the Owner's control. 17. This agreement may not be assigned by either party, without the other parties prior written consent. 18. All notices may be sent to the addresses and fax numbers set forth in paragraphs 1 and 2 of this Agreement. The parties have signed their names below on this _______ day The parties have signed their names below on this _______ day of _________________, 200__, to evidence their agreement to the terms and conditions of this Agreement. Guest(s): ________________________ Owner(s): ________________________ ________________________ ________________________ NOTE: TYPED SIGNATURES ARE NOT ACCEPTABLE - MUST BE HAND-SIGNED There will certainly be some variations from the above, so don't consider a contract bogus just because it does not agree completely with this. Some owners will ask for a Security Deposit to be returned after the resort stay if there is no damage. Owners may be nervous about dealing with overseas renters for currency exchange and other reasons. I've had potential "renters" who wanted me to cash their checks for more than the rental fee and send the balance to someone else. This was probably a scam in which the payment received bounces after the owner has forwarded money to the third party. I can understand your being uncomfortable from your point of view also, but you may notice that nowhere on all these busy RedWeek discussion boards has anyone (that I've seen anyhow) complained of renting a week and not getting it. The only exception could occur when someone tried to illegally rent out a week secured through a major exchange company like RCI or II. Still, it never hurts to contact the resort you are going to and confirm that they have the space reserved in your name. If not, get back to the owner immediately to have this corrected. Once in a great while in resort networks with central reservation offices there is a "slip between the cup and the lip". That is, the unit was reserved in the owner's name, this information was sent to the resort, the unit was changed over to you by a Guest Confirmation, but the resort either did not get the change or misfiled it. In any case, try to complete your rental arrangements far enough ahead so that you will have the "Hard Copy" of the Guest Confimation in hand to prove your right to occupy a unit at the resort. Your husband might feel more comfortable using the Escrow service which you can get through RedWeek, even if some cost is involved. MD