Terms & Conditions
The rules of the road for using ResortFlips. These terms govern your account, your listings, payments, cancellations, and disputes.
The rules of the road for using ResortFlips. These terms govern your account, your listings, payments, cancellations, and disputes.
These Terms and Conditions ("Terms") govern your use of resortflips.com and the ResortFlips platform ("ResortFlips", "we", "us", or "our"), operated by Indigo Property Services LLC, a North Carolina limited liability company with principal place of business in Apex, North Carolina.
ResortFlips is an online marketplace where vacation ownership interest holders ("Owners") may list timeshare weeks, points, and vacation ownership interests for rent or sale to interested parties ("Renters" or "Buyers", together with Owners, "Users"). ResortFlips is a technology platform and listing service. ResortFlips is not a real estate broker, real estate agent, timeshare reseller, escrow agent, mortgage broker, financial advisor, fiduciary, insurer, or party to any transaction completed between Users.
ResortFlips's stated principle is "No Sales. Just Facts." We provide market data, public chart references, valuation estimates, and educational content to help vacation ownership consumers make informed decisions. We do not make recommendations to buy, sell, rent, or hold any specific vacation ownership interest, and nothing on our platform constitutes investment advice, legal advice, tax advice, or a professional appraisal.
By accessing, browsing, registering for, or using ResortFlips, you ("You") accept and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services (collectively, the "Agreement"). If you do not agree, you must not use the platform.
This Agreement consists of three integrated parts:
"Agreement" — These Terms together with the Rental Agreement, Sale & Transfer Agreement, Privacy Policy, and any policies referenced or incorporated.
"Buyer" — A registered User who initiates or completes the purchase, transfer, or assumption of a vacation ownership interest through ResortFlips.
"Confirmation" — An email or in-platform notification from ResortFlips to both Owner and Renter (for rentals) or Seller and Buyer (for sales) confirming the transaction has cleared ResortFlips's Review Period and is in effect.
"Listing" — Any posting, advertisement, or offering published on the ResortFlips platform by an Owner or Seller, including for-rent and for-sale postings.
"Membership" — A paid annual subscription to ResortFlips ($10.00 per year, subject to change with notice), required to post a Listing after the initial 90-day post-launch grace period.
"Owner" — A User holding legal title or beneficial use rights to a vacation ownership interest, who lists such interest on ResortFlips for rent or sale.
"Platform Commission" — ResortFlips's service fee, set at three percent (3%) of the gross transaction value subject to applicable minimums and caps described in Section 5, deducted from amounts disbursed to the Owner or Seller. For rental transactions: 3% with a $59 minimum. For sale transactions: 3% with a $399 minimum and a $1,500 cap.
"Rental Payment" — The total sum to be paid by a Renter to the Owner (less Platform Commission and fees) for a specific Rental Period under a Rental Agreement.
"Transaction Fee" — A pass-through payment processing fee charged to Renters and Buyers at checkout to cover third-party payment processor costs (currently 2.9% + $0.30 per transaction via Stripe, Inc.). ResortFlips does not retain any portion of the Transaction Fee.
"Rental Period" — The check-in date through check-out date specified in a Rental Agreement.
"Renter" — A User who books a vacation ownership rental through ResortFlips.
"Resort" — The physical lodging property, hotel, condominium, or villa where the vacation ownership interest is located.
"Review Period" — The period during which ResortFlips reviews a transaction following Renter or Buyer payment, during which time funds are held and either party may be asked to provide additional verification.
"Seller" — A User listing a vacation ownership interest for sale, transfer, or assignment.
"Unit" — The specific accommodation type (e.g., 2-bedroom oceanfront villa, Platinum season) that is the subject of a Listing or transaction.
"User" — Any person who registers for, accesses, or uses the ResortFlips platform, including Owners, Sellers, Renters, Buyers, and visitors.
"Vacation Ownership Interest" — Any timeshare estate, timeshare use, vacation club membership, fractional interest, points-based vacation ownership product, right-to-use interest, or similar vacation ownership product, whether deeded or non-deeded, including but not limited to interests in Marriott Vacation Club, Vistana Signature Network, Hilton Grand Vacations, Hyatt Residence Club, Disney Vacation Club, Wyndham, Hilton (formerly Diamond), and similar systems.
ResortFlips operates as a technology platform that allows Owners and Sellers to post Listings and that allows Renters and Buyers to discover, communicate about, and transact for such Listings. ResortFlips facilitates the transaction by providing the marketplace, payment processing, document templates, and dispute mediation services described herein, but the underlying contracts for rental or sale are between the Users themselves.
ResortFlips is not acting as: (a) a real estate broker or real estate salesperson; (b) a timeshare resale broker or timeshare reseller in the meaning of any state statute, including but not limited to Florida Statutes Chapter 721, Hawaii Revised Statutes Chapter 514E, or California Business & Professions Code §§ 11210 et seq.; (c) an escrow agent or escrow holder; (d) a mortgage loan originator, mortgage broker, or lender; (e) a fiduciary, financial advisor, or investment advisor; (f) a tax preparer or tax advisor; or (g) an insurance agent, broker, or insurer. ResortFlips does not represent either party to any transaction and is not acting as an agent in any capacity. Any individual employee or contractor of ResortFlips who holds a professional license (including but not limited to a real estate license or mortgage loan originator license in any jurisdiction) is not acting in that licensed capacity in connection with ResortFlips platform services unless expressly retained by a User in a separate written engagement.
ResortFlips provides general information about the vacation ownership industry, including but not limited to: published reservation point charts; aggregated resale comparable data; valuation estimates generated by automated software tools; explanations of ownership systems; and educational content. All such information is provided for general informational and educational purposes only.
ResortFlips does not make recommendations as to whether any User should buy, sell, rent, hold, or refinance any vacation ownership interest. Valuation estimates produced by ResortFlips software are automated estimates only, are not appraisals within the meaning of any state or federal appraisal law, and are not opinions of value rendered by a licensed appraiser, broker, or other professional. Users should consult their own independent advisors before making any decision based on information obtained through ResortFlips.
While ResortFlips may verify certain Listing details with the relevant Resort or developer (such as confirming an Owner's name on a reservation or the existence of a deeded interest), ResortFlips does not independently inspect, audit, appraise, or guarantee any Listing. The Owner is ultimately responsible for the accuracy of all Listing information, for maintaining valid reservations, for changing guest names with the Resort, and for ensuring the Resort provides the correct Unit type to the Renter.
To use ResortFlips you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater), have the legal capacity to enter into binding contracts, and not be barred from using the services under applicable law. Owners and Sellers must hold legal title to or valid beneficial use rights in the vacation ownership interest they list.
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. ResortFlips is not liable for any loss or damage arising from your failure to safeguard your account.
Effective ninety (90) days following the public launch of ResortFlips, Users wishing to post a Listing must maintain an active paid Membership at the then-current rate (initially $10.00 per year). Memberships renew automatically on an annual basis unless cancelled prior to renewal. Browsing, searching, valuation tools, and Buyer/Renter accounts do not require a paid Membership. Membership fees are non-refundable once a Listing has been posted under the Membership.
ResortFlips may suspend or terminate any account, refuse any Listing, and remove any content, with or without notice, for any reason including but not limited to: violation of these Terms; fraudulent, misleading, or duplicate Listings; abusive conduct; repeated transactional disputes; or in ResortFlips's reasonable judgment to protect the platform or other Users. Termination does not relieve a User of obligations under transactions already in progress.
Owners and Sellers represent and warrant that all information provided in a Listing — including resort name, unit type, view, season, point allocation, ownership type (deeded week, enrolled, trust points, collection points, etc.), maintenance fee amount, reservation dates, asking price, and photographs — is true, accurate, complete, and not misleading at the time of posting and will be updated promptly if circumstances change.
By posting a Listing, the Owner or Seller represents and warrants that they (a) hold legal title to, or valid beneficial use rights in, the listed vacation ownership interest sufficient to authorize the rental or sale; (b) have all consents required from co-owners, lien-holders, and any developer or club required to permit the transaction; (c) are current on all maintenance fees, club dues, special assessments, and other charges; and (d) are not party to any pending bankruptcy, divorce, foreclosure, or other proceeding that would prevent or restrict the transaction.
Owners and Sellers may not maintain a Listing on ResortFlips for a Unit or reservation that is concurrently listed for the same dates or same interest on another platform unless the Owner promptly removes or updates the ResortFlips Listing upon a competing transaction. Failure to honor a confirmed transaction because the inventory was sold or rented elsewhere is a material breach and subjects the Owner to cancellation penalties and damages under Section 8.
ResortFlips may request supporting documentation for any Listing, including but not limited to: a copy of the recorded deed; the most recent maintenance fee statement; the developer's confirmation of reservation; proof of identity; proof of address; and tax identification (Form W-9 or equivalent). Failure to provide reasonably requested verification within the timeframe stated may result in the Listing being removed, the transaction being voided, or funds being refunded to the counterparty.
Owners and Sellers are solely responsible for compliance with their resort, developer, club, and exchange company rules governing the rental, transfer, or sale of vacation ownership interests, including but not limited to right-of-first-refusal provisions, transfer fees, points-enrollment restrictions, and resale enrollment policies. Some developers (including Marriott Vacation Club and Hilton Grand Vacations) restrict the ability of resale buyers to enroll deeded weeks as Club Points; ResortFlips disclaims responsibility for the consequences of any such developer policies.
Users represent and warrant that their use of ResortFlips and any transaction conducted through ResortFlips will comply with all applicable federal, state, and local laws, including but not limited to anti-discrimination laws, fair housing laws (to the extent applicable), short-term rental ordinances, lodging tax obligations, transient accommodations tax (including Hawaii TAT), and timeshare-specific consumer protection statutes.
Users grant ResortFlips a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute Listing content (including photographs and descriptions) for the purpose of operating and promoting the platform. Users represent and warrant that they own or have rights to all content they post and that such content does not infringe any third-party intellectual property rights.
Users may not post or transmit content that is unlawful, defamatory, harassing, obscene, fraudulent, infringing, or that contains personally identifiable information about a third party without consent. Users may not use the platform to circumvent Platform Commission (e.g., by completing a transaction outside the platform after initial contact through the platform). Users may not scrape, crawl, or harvest data from the platform without express written permission.
ResortFlips charges a Platform Commission deducted from the amount disbursed to the Owner or Seller. There is no upfront posting fee, no listing fee beyond Membership, and no monthly fee. Commission is earned only upon a successfully completed transaction:
A specific Listing may disclose a different fee structure where required by promotion, brand-specific arrangement, volume agreement, or developer partnership; in such case, the Listing-specific disclosure controls. ResortFlips will provide written notice and a thirty (30) day notice period before any general increase to Platform Commission rates or minimums applies to active Listings.
Renters and Buyers are charged a Transaction Fee at checkout to cover third-party payment processing costs. The current Transaction Fee is 2.9% + $0.30 per transaction, matching the rate charged by ResortFlips's payment processor (Stripe, Inc.).
ResortFlips does not retain any portion of the Transaction Fee. The Transaction Fee is a pass-through cost only. If the underlying payment processor's rate changes, ResortFlips will update the Transaction Fee to match and will disclose the updated rate at checkout. ResortFlips does not charge any other booking fee, service fee, platform fee, or convenience fee to Renters or Buyers. The total amount due at checkout will clearly itemize the Rental Payment or sale price, any taxes the Owner or Seller has elected to collect, and the Transaction Fee, with no hidden charges.
All payments are processed through a third-party payment processor (initially Stripe, Inc., subject to change). By initiating a payment, you also agree to the payment processor's terms of service. ResortFlips does not store full payment card data and disclaims liability for any processor outages, errors, or security incidents arising from the processor's systems.
Upon receipt of full payment from a Renter or Buyer, ResortFlips will begin a review of the transaction ("Review Period"). During the Review Period, ResortFlips may, in its sole discretion, request additional documentation, proof of identity, or other information reasonably necessary to confirm the transaction and protect all parties. The Owner agrees to change the name on the reservation (or initiate other required steps) and to forward a new confirmation. Both parties agree to make a best-faith effort to comply with such requests in a timely fashion.
Upon successful completion of the Review Period, ResortFlips will issue an email Confirmation to both parties, at which point the underlying Rental Agreement or Sale & Transfer Agreement becomes fully effective. If ResortFlips is unable to issue a Confirmation, the payment (including any Transaction Fee) will be refunded to the Renter or Buyer and all parties will be relieved of further obligations under that transaction.
For rental transactions: the Owner's share of the Rental Payment will be remitted to the Owner approximately twenty-four to forty-eight (24–48) hours after Renter check-in (and in any event within two (2) business days of check-in), subject to resolution of any disputes and compliance with U.S. federal tax requirements. Timing of receipt depends on the payment method chosen and individual bank policies.
For sale transactions: the Seller's net proceeds will be disbursed in accordance with the closing schedule set forth in the Sale & Transfer Agreement (Schedule B), typically following recording of the deed transfer or completion of the developer-administered transfer process, less Platform Commission and any disclosed closing fees.
Renters and Buyers waive the right to challenge or reverse any charges with their credit card company, bank, or other financial institution outside the dispute process set forth in this Agreement. If a Renter or Buyer submits any dispute, cancellation, or chargeback through their financial institution rather than following the dispute process herein, ResortFlips and/or the Owner or Seller may (without further notice) pursue a claim against the Renter or Buyer for any and all damages incurred, including the cost of pursuing those damages (attorneys' and paralegal fees and costs), any chargeback amounts, fees, and interest at the highest rate permitted by law.
ResortFlips is required to obtain taxpayer information from Owners and Sellers prior to disbursement of funds in order to comply with U.S. federal tax regulations, including reporting obligations under Internal Revenue Code §6050W (Form 1099-K) and any successor or related provisions. If taxpayer information is not provided when required, ResortFlips may be required to withhold a portion of the funds and remit them to the Internal Revenue Service. The Owner or Seller is responsible and liable for payment of all taxes and fees owed as a result of the transaction, including federal and state income taxes, transient accommodations taxes, and lodging or occupancy taxes.
All payments and Listings are denominated in United States Dollars (USD) unless otherwise stated. All check-in, check-out, and cancellation dates use Eastern Time, regardless of the time zone of the Owner, Renter, Buyer, or Resort. ResortFlips reserves the right to correct any pricing errors on Listings and to cancel without penalty any transaction made under a manifestly incorrect price; in such event, ResortFlips will, where available, offer the Renter or Buyer the opportunity to keep the reservation at the corrected price.
Unless otherwise stated in a specific Listing, the following Cancellation Policy applies once ResortFlips issues a Confirmation for a rental transaction:
Owners may elect a more lenient cancellation policy for a specific Listing, in which case the Listing-specific policy controls.
All cancellations must be processed through the ResortFlips platform. Cancellations attempted through any other channel (including direct communication with the Resort or with the counterparty) will result in a 100% cancellation penalty assessed against the cancelling party.
If an Owner modifies or cancels a reservation after Confirmation, or neglects responsibilities required to maintain the reservation, resulting in the Unit being unavailable to the Renter during the Rental Period, the Owner shall be liable for any and all costs and damages incurred by the Renter and/or ResortFlips for securing re-accommodation of comparable or better quality, including but not limited to the cost differential, travel expenses, and reasonable inconvenience compensation.
Cancellation rights and procedures for sale transactions are governed by the Sale & Transfer Agreement (Schedule B) and applicable state law. Several states impose mandatory statutory rescission periods on timeshare resale transactions (see Section 11 below); nothing in this Agreement waives any non-waivable statutory rescission right.
If a Unit is uninhabitable or inaccessible on the day a Rental Period commences by reason of flood, fire, storm, hurricane, earthquake, force majeure, pandemic, government order, or other natural disaster, and a satisfactory substitute is not made available, the total Rental Payment will be refunded to the Renter. If the Renter is required to evacuate the Unit at any point during the Rental Period, the Renter is entitled to a pro-rated refund for unused nights from the point of evacuation order through the remainder of the Rental Period.
In such force majeure events, the Owner will have no further liability to the Renter. A Renter's inability to complete travel for any other reason beyond the Owner's control — including but not limited to illness, airline interruptions, job loss, government mandates not affecting the Unit itself, or travel restrictions — remains the sole responsibility of the Renter, and the Cancellation Policy in Section 6.1 applies. Renters are strongly encouraged to purchase trip interruption and cancellation insurance for such matters.
If a Renter does not receive the Unit as described in the Listing and Rental Agreement, the Renter should open a dispute directly with ResortFlips at the dispute portal (resortflips.com/dispute) within forty-eight (48) hours of the issue arising, or in any event prior to check-out. For sale transactions, disputes must be raised within fourteen (14) days of the disputed event.
ResortFlips will, in good faith, attempt to mediate and resolve disputes between Users. ResortFlips may, in its sole and reasonable discretion, refund all or part of the Renter or Buyer payment, withhold disbursement to the Owner or Seller, require additional documentation, or take such other steps as it deems appropriate. ResortFlips's determination is binding for the limited purpose of platform-administered disbursement, but does not constitute a legal adjudication of the underlying contract dispute, which remains subject to the dispute resolution provisions in Section 9.
If there is a material discrepancy between the Unit received and the Unit details described in the Listing, ResortFlips will attempt to resolve the issue. However, Listing information is based on data obtained from the Owner, the Resort, and other reliable sources. ResortFlips expressly disclaims liability for inaccurate, incomplete, or misleading Resort information. Users and their guests should reach out to the Resort directly to verify accuracy of information as needed.
READ THIS SECTION CAREFULLY. IT LIMITS RESORTFLIP'S LIABILITY TO YOU.
RESORTFLIP SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, THEFT, DELAY, DEATH, ILLNESS, OR INJURY TO ANY USER, USER'S GUESTS, ANY OTHER PERSON, OR PROPERTY. RESORTFLIP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO THE ACTS, OMISSIONS, OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ANY THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO RESORTS, DEVELOPERS, EXCHANGE COMPANIES, TRAVEL PROVIDERS, PAYMENT PROCESSORS, OR OTHER USERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURIES CAUSED BY ANY PERFORMANCE FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF DATA, WHETHER THE DAMAGE RELATES TO BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
RESORTFLIP'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF ANY INVOLVEMENT IN THE FACILITATION OF A TRANSACTION (WHETHER ORAL OR WRITTEN) THROUGH RESORTFLIP WILL BE LIMITED TO THE PLATFORM COMMISSION AND FEES ACTUALLY PAID BY THE COMPLAINING USER TO RESORTFLIP FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT WILL RESORTFLIP BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION ALSO APPLIES TO RESORTFLIP'S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS, AND AGENTS.
Neither ResortFlips nor the Owner is responsible for any inconvenience, unavailability, or interruption of services due to repairs, improvements, on-site construction, amenity closures, reasonable Resort substitutions (specific unit, bed types, etc.), or for any other reason beyond the Owner's control. Owners are responsible for providing Renters with reasonable notice of any such inconveniences of which the Owner becomes aware.
ANY VALUATION ESTIMATES, COMPARABLE SALES DATA, OR MARKET INDICATORS PRODUCED BY THE RESORTFLIP VALUATION TOOL OR OTHER SOFTWARE ARE AUTOMATED ESTIMATES BASED ON AVAILABLE DATA AND ARE NOT APPRAISALS, BROKER PRICE OPINIONS, OR FINANCIAL ADVICE. ACTUAL TRANSACTION VALUES MAY DIFFER MATERIALLY. USERS SHOULD NOT RELY EXCLUSIVELY ON RESORTFLIP VALUATIONS WHEN MAKING BUY, SELL, OR HOLD DECISIONS.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RESORTFLIP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
USER AGREES THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER USER NOR RESORTFLIP WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH USER OR RESORTFLIP ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. USER AND RESORTFLIP FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF USER AND RESORTFLIP AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
Any and all disputes, claims, or controversies whatsoever, whether based on contract, tort, statutory, constitutional, or legal rights, arising from or relating to the sale, booking, processing, or payment of any programs or products through ResortFlips, including but not limited to alleged violations of civil rights, discrimination, consumer protection, or privacy laws, or for any losses, damages, or expenses, by and between or among the parties and ResortFlips's subsidiaries, officers, directors, employees, agents, business partners, third-party travel providers, vendors, or any companies offering products or services through ResortFlips (which are beneficiaries to this arbitration agreement) shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Wake County, North Carolina, U.S.A., to the exclusion of any other forum.
Owner, Seller, Renter, and Buyer (each, a "Party") hereby consent to jurisdiction and waive any other objection to the arbitration proceeding taking place in Wake County, North Carolina, under the AAA fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically or by video conference. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of North Carolina without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group, or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Wake County, North Carolina.
Notwithstanding this Dispute Resolution Policy, ResortFlips may as necessary apply to a court of competent jurisdiction in Wake County, North Carolina to seek injunctive relief relating to the unauthorized use of ResortFlips trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
User may opt out of the arbitration and class action waiver provisions of this Section 9 by sending a written opt-out notice to ResortFlips at the address in Section 12 within thirty (30) days of the date User first registers an account. The notice must include User's name, account email, mailing address, and a clear statement that User is opting out of arbitration. Opting out of arbitration does not opt User out of any other provision of these Terms.
All of ResortFlips's content, products, and services are provided on an "AS IS" and "AS AVAILABLE" basis. ResortFlips makes no representations or warranties of any kind, express or implied, about the products and services ResortFlips provides, the postings made available through ResortFlips and the ResortFlips website, and/or the accuracy of any of the information, content, or materials made available.
To the fullest extent permitted by law, ResortFlips disclaims all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. ResortFlips does not warrant or make any representations that ResortFlips postings or website will operate error-free or uninterrupted, that defects will be corrected, or that ResortFlips's website and/or its servers will be free from viruses and/or other harmful components.
Without limiting the foregoing, no representation, warranty, or guarantee is made:
ResortFlips operates across multiple U.S. states. The following provisions apply to Users transacting in or with property located in the listed states. To the extent any state-specific provision conflicts with the general Terms, the state-specific provision controls for transactions involving that state.
### 11.2 Florida
Florida Statutes Chapter 721 (the Florida Vacation Plan and Timesharing Act) imposes specific obligations on timeshare resale advertisers and timeshare resale brokers operating in Florida or marketing Florida-situated timeshares. ResortFlips's Florida registration status, registration number (where applicable), and any required Florida-specific disclosures are listed at resortflips.com/florida-disclosures.
[ATTORNEY: confirm whether ResortFlips's activity meets the definition of "timeshare resale advertiser" under Fla. Stat. §721.20(11). If yes, registration with the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes is required prior to advertising Florida timeshares. Add registration number and required statutory disclosures here.]
### 11.3 Hawaii
Hawaii Revised Statutes Chapter 514E governs timeshare plans and timeshare resale activity. Owners renting Hawaii vacation ownership interests must collect and remit Hawaii Transient Accommodations Tax (TAT) and General Excise Tax (GET) on rental income, regardless of whether collected at check-in or otherwise. ResortFlips's Hawaii registration status, where applicable, is listed at resortflips.com/hawaii-disclosures.
[ATTORNEY: confirm whether ResortFlips activity requires Hawaii travel agency registration under HRS Chapter 468L, trust account requirements, and any timeshare-specific registrations under HRS Chapter 514E. Owner's existing Indigo Property Services GET license should be cross-referenced.]
### 11.4 California
California Business & Professions Code §§ 11210 et seq. (the California Timeshare Act) imposes specific obligations on persons engaging in timeshare resale activity in California. ResortFlips is not a participant in the California Travel Consumer Restitution Fund. Registration as a seller of travel does not constitute approval by the State of California.
[ATTORNEY: California Seller of Travel registration (Cal. Bus. & Prof. Code §17550 et seq.) and trust account / bond requirements apply if ResortFlips handles funds for California consumers. Confirm registration is obtained and add CST number here.]
### 11.5 North Carolina (Principal Place of Business)
ResortFlips is organized in and operated from North Carolina. North Carolina General Statutes Chapter 93A governs real estate brokerage in this state. ResortFlips does not act as a real estate broker. Owners and Sellers based in North Carolina should consult independent legal and tax counsel regarding any transaction.
### 11.6 Other States
Owners and Buyers/Renters are responsible for compliance with applicable laws of their state of residence and the state where the Resort is located, including any state-mandated rescission rights for timeshare resale purchases. Several states (including but not limited to Florida, Hawaii, California, Arizona, Nevada, South Carolina, and Tennessee) impose statutory cooling-off or rescission periods on timeshare purchases that may apply to resale transactions; nothing in this Agreement waives any non-waivable statutory rescission right.
ResortFlips prohibits discrimination on the basis of race, color, religion, national origin, sex (including gender identity and sexual orientation), familial status, disability, age, or any other protected characteristic under applicable federal, state, or local law. Owners may not refuse to rent or sell to any User on the basis of a protected characteristic. Violations of this policy will result in immediate termination of the offending Listing and account.
These Terms, the Rental Agreement, the Sale & Transfer Agreement, and this website shall be governed exclusively by the laws of the State of North Carolina, without regard to its conflict of law principles. Subject to Section 9 (Arbitration), any action at law or in equity by an Owner, Seller, Renter, Buyer, or its guests, to seek any remedy against ResortFlips or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Wake County, North Carolina, USA. In the event a User initiates an action at law or in equity and ResortFlips prevails, the complainant agrees to pay all costs incurred by ResortFlips in defending such action, including but not limited to reasonable attorney's fees, paralegal fees, and court costs.
This Agreement (these Terms together with the Rental Agreement, Sale & Transfer Agreement, Privacy Policy, and any policies expressly incorporated by reference) contains the entire agreement between the User and ResortFlips regarding the subject matter herein, and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any changes, amendments, or modifications hereof shall be void unless the same are in writing and signed (or electronically accepted) by the parties. Any detail of a Listing not contained in this Agreement will not constitute reason for dispute.
ResortFlips reserves all rights to modify these Terms and Conditions at any time in its sole discretion. Material changes will be communicated to registered Users via email and/or in-platform notice no fewer than thirty (30) days prior to taking effect, except for changes required by law, which may take effect immediately. Continued use of the platform after the effective date of revised Terms constitutes acceptance.
If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable, or if no such modification is possible, severed from this Agreement, and the remaining provisions shall continue in full force and effect.
Users may not assign or transfer any rights or obligations under this Agreement without the prior written consent of ResortFlips. ResortFlips may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without notice to Users.
ResortFlips's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Notices to ResortFlips must be sent in writing to:
ResortFlips / Indigo Property Services LLC
[Mailing Address — TBD]
Apex, North Carolina [ZIP]
Email: legal@resortflips.com
Notices to Users may be sent by ResortFlips via the email address on file with the account, by in-platform notification, or by any other reasonable means.
Purchases, benefits, and transactions on this website are fulfilled by Indigo Property Services LLC d/b/a ResortFlips, a North Carolina limited liability company. As the provider of the ResortFlips platform, ResortFlips is not a party to the contracts entered into directly between Owner and Renter or Seller and Buyer, nor is ResortFlips a real estate broker, agency, insurer, or otherwise. ResortFlips does not represent either party to the transaction and is not acting as an agent in any capacity. ResortFlips does not own, control, offer, or manage the properties for any Listings. ResortFlips is not responsible for the conditions of any timeshare unit or property, nor responsible for any acts, omissions, or otherwise of the Owner, Seller, Renter, Buyer, Resort, or its agents.
Section headings are for convenience only and do not affect interpretation.
This Agreement, the Rental Agreement, the Sale & Transfer Agreement, and any related documents may be executed by electronic means and electronic signatures, which shall be valid and binding to the same extent as original handwritten signatures pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.
This Rental Agreement (the "Rental Agreement") is between the Owner and Renter identified in the Confirmation issued by ResortFlips for the rental of the Unit described in the Confirmation ("Unit") for the term described in the Confirmation ("Rental Period"). The Owner has contracted with Indigo Property Services LLC d/b/a ResortFlips ("ResortFlips"), which serves as the platform and facilitator of the transaction between the two parties. While ResortFlips may verify certain Unit information with the Resort and provides assistance with the transaction, the Owner is ultimately responsible for the accuracy of the posting, changing the guest name with the Resort, and ensuring the Resort provides the correct Unit type.
This Rental Agreement will become effective upon the completion of the Review Period as described in Section 5.4 of the platform Terms, and the issuance of Confirmation by ResortFlips.
A.2.1. Renter may use the Unit during the Rental Period without interference, subject to the terms of this Rental Agreement. If the Unit is uninhabitable or inaccessible per Section 6.5 of the platform Terms on the day that the Rental Period starts, Renter shall notify ResortFlips immediately using the dispute process. Any dispute regarding the Unit or anticipated evacuation event will delay payment to the Owner pending resolution by ResortFlips, the sole platform-administered arbiter.
A.2.2. While ResortFlips endeavors to report on resort construction, repairs, closures, and other adverse conditions, ResortFlips cannot warrant or guarantee that all such issues have been identified or disclosed. Any concerns Renter has about how their stay may be affected should be addressed with the Resort prior to booking. If Renter has specific needs or requests that will affect their travel (e.g., accessible unit/ground floor, pets, etc.), Renter must verify these factors with the Owner and ResortFlips prior to submitting Rental Payment to avoid cancellation penalties.
A.2.3. Renter understands that Resorts have on-site property management, which maintains the Units and which may assign guests to a particular Unit upon check-in. Such management has the sole right to change the specific Unit provided to Renter, but the Unit Details listed in the Confirmation are confirmed with the Resort and should not materially change with any Unit reassignment.
A.2.4. Renter agrees to use the Unit in accordance with all Resort rules and regulations, including occupancy restrictions, pet and smoking policies, noise/nuisance restrictions, and check-in and check-out policies. Renter and guests are responsible for all personal property brought to the Resort and will observe all rules and warnings provided at check-in and posted throughout the Unit and Resort grounds, including pool and hot tub usage.
A.2.5. Renter is responsible for payment of all costs for services and activities for which additional fees apply. Renter will be solely responsible for any housekeeping or other services provided to Renter or guests for which there is an additional charge, and any other extra fees imposed by the Resort for services or for the use of its facilities. Some Resorts charge local lodging taxes or resort fees which are the responsibility of the Renter. Where ResortFlips is aware of such fees, the information will be included on the Listing. However, Renter acknowledges that Renter is solely responsible for determining taxes and fees charged to Resort guests at check-in.
A.2.6. Renter agrees to maintain the Unit in the same condition as it was at the start of the Rental Period. Renter will pay for all repairs, replacement, and damages resulting from the act of neglect of Renter and guests. If requested at time of check-in, Renter will provide a credit card to the Resort to secure payment for any such deposit, repairs, replacements, or damages.
A.2.7. Renter may not sublease the Unit or assign this Rental Agreement without explicit written consent from ResortFlips and the Owner.
A.3.1. Owner represents that, as of the issuance of Confirmation, the Unit listed corresponds to a valid, confirmed reservation in Owner's name with specific check-in and check-out dates (or that Owner has full authority to designate the Renter as the occupant) and that Owner is current on all maintenance fees and dues associated with the reservation. Where a Listing is based on points, a floating week, or other inventory not yet tied to specific dates, no Rental Agreement is formed and no booking is accepted until Owner has secured a confirmed reservation with fixed dates and ResortFlips has verified it with the Resort.
A.3.2. Owner will contact the Resort to change the name on the reservation to the Renter's name within forty-eight (48) hours of Confirmation, and will forward a copy of the updated Resort confirmation reflecting the Renter as the named guest to ResortFlips. Owner acknowledges that the Renter's payment is held and is not disbursed to Owner until after the Renter has checked in (as described in Section 5.6), and that failure to add the Renter's name to the reservation in a timely manner may delay disbursement, void the transaction, or result in a refund to the Renter and the consequences described in Section 6.3.
A.3.3. Owner will not list, rent, or otherwise dispose of the same reservation through any other channel after Confirmation. Doing so is a material breach subject to the consequences in Section 6.3 of the platform Terms.
A.4.1. The Renter's payment is collected at the time of booking and held by ResortFlips's third-party payment processor. The Owner's share is not released to the Owner until after the Renter has checked in to the Unit, as set forth in Section 5.6 of the platform Terms. This protects the Renter against a reservation that is not honored at the front desk.
A.4.2. If the reservation is not in the Renter's name at check-in, if the Resort denies the Renter access to a Unit substantially conforming to the Confirmation, or if the Unit is uninhabitable or inaccessible as described in Section 6.5 of the platform Terms, the Renter shall notify ResortFlips immediately through the dispute process. Disbursement to the Owner will be suspended pending resolution, and where the reservation is not honored through no fault of the Renter, the Renter will receive a full refund and ResortFlips will pursue the Owner directly.
If Renter purchased optional travel insurance through a ResortFlips partner, the policy or description of coverage will be furnished separately and is subject to its own terms, exclusions, and conditions, which apply only to the Rental Payment and not to any additional financing or third-party charges incurred. ResortFlips's cancellation policies and dispute resolution provisions do not apply to travel insurance claims, which must be made directly to the insurance underwriter.
Both Owner and Renter acknowledge that they have read and agreed to (i) these Rental Agreement provisions; (ii) the ResortFlips Terms & Conditions, including the Limitation of Liability (Section 8), Class Action Waiver and Arbitration provisions (Section 9), and Disclaimer of Warranties (Section 10); and (iii) the Cancellation Policy (Section 6).
___________________________ ___________________________
Owner Signature / Date Renter Signature / Date
(Electronic acceptance through the ResortFlips platform constitutes a valid signature.)
[ATTORNEY: This is a framework only. A full Sale & Transfer Agreement for each transaction should be generated based on the specific developer (Marriott, Vistana, Hilton, etc.), ownership type (deeded vs. points), and state of resort location. Items below are common provisions; specific provisions vary materially by state and developer.]
This Sale & Transfer Agreement Framework (the "Sale Agreement") applies to transactions in which a Seller offers and a Buyer agrees to acquire a vacation ownership interest through the ResortFlips platform.
The vacation ownership interest being transferred, including all identifying information (developer, resort, week number, unit type, season, view, ownership type, point allocation, contract number, deed reference where applicable), is specified in the Confirmation issued by ResortFlips and the executed Sale & Transfer Agreement for the specific transaction.
The total purchase price, Platform Commission (typically 3% of gross sale price), closing costs (if any), and the net amount to be remitted to the Seller will be set forth in the Confirmation. Buyer agrees to deposit the full purchase price (plus any disclosed closing fees) into the ResortFlips-designated payment processor account upon Confirmation.
Several U.S. states impose mandatory statutory rescission or cooling-off periods on the purchase of vacation ownership interests, including resale purchases. Where applicable, Buyer shall have the statutory rescission period to cancel the purchase by delivering written notice to Seller (with copy to ResortFlips) in the manner required by the applicable state statute. Nothing in this Sale Agreement waives any non-waivable statutory rescission right.
[ATTORNEY: For each transaction, the applicable state's rescission period must be disclosed in writing (e.g., Florida 10 days, Hawaii 7 days, California 7 days, etc.). The disclosure language is often statutorily prescribed and must appear in bold, conspicuous text. This needs per-transaction adaptation.]
The parties acknowledge that transfer of vacation ownership interests typically requires: (i) developer or club consent / right of first refusal waiver (where applicable); (ii) execution of a deed (for deeded interests) and recording in the appropriate county; (iii) developer-administered transfer of points or membership (for non-deeded interests); (iv) payment of developer transfer fees, recording fees, and any applicable transfer taxes; and (v) compliance with all developer policies, including but not limited to whether resale buyers may enroll the interest in any points-based program.
Seller represents and warrants: (a) clear and marketable title (or valid use rights for non-deeded interests); (b) no pending litigation, bankruptcy, divorce, foreclosure, or estate proceeding affecting the interest; (c) all maintenance fees, club dues, special assessments, and taxes are current and paid through the closing date; (d) accurate disclosure of all developer restrictions including any inability of resale buyers to enroll the interest in club points programs (a known restriction for Marriott Vacation Club and Hilton Grand Vacations resale).
All sales are "as-is." Neither Seller nor ResortFlips makes any representation or warranty as to the future market value, future maintenance fee levels, future special assessments, future developer policy changes, or future ability of Buyer to rent, transfer, or sell the interest. Buyer acknowledges that vacation ownership interests historically depreciate substantially in resale value relative to original developer pricing and may carry ongoing financial obligations that exceed market rental value of the underlying use.
Closing typically occurs upon recording of the deed or completion of the developer-administered transfer. ResortFlips will hold Buyer's funds in the payment processor account pending closing, and will disburse Seller's net proceeds within five (5) business days of confirmation of recorded transfer or developer confirmation, less Platform Commission and any disclosed closing fees.
[ATTORNEY: Default provisions for non-performance by Seller (failure to deliver clear title, failure to execute transfer documents) and by Buyer (failure to fund, breach of representations) should be drafted specific to anticipated closing structure. Liquidated damages provisions are common in real estate purchase contracts; review enforceability in NC and resort-state.]
These Terms are written to be readable. They are not a substitute for legal advice. Users with specific questions about how these Terms affect their situation should consult an attorney.
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