Definitions

STARS WORLDWIDE
STARS  WORLDWIDE LLC, herein STARS, is a service provider in the rentals sector of the timeshare industry.  Reference to STARS also includes, where appropriate, reference to www.starsworldwide.com .

THE VACATION CONTENT
STARS is responsible for renting timeshare properties of varying size and scale. The rental period for each property is 7 days unless otherwise indicated. Access and rental to this property constitutes the vacation content.

THE CONTENT TYPES
Content can be for varying numbers of residents and for varying types of board. Such differences are detailed on STARS where appropriate.

THE CONTENT PROVIDER
The content provider  is the person who has the authority in the individual instance to authorize the access of the  purchaser to the vacation content.  The precise nature of the content provider  is dependant on the source of the content  provided.  The Content Provider is also referred to as ‘The Renter’  and is distinct from the Local Management except in situations where ownership of the vacation content resides with  the Local Management.

THE PURCHASER
The Purchaser is the party seeking to rent the vacation content for a specific duration.

THE LOCAL MANAGEMENT
The local management company responsible for day to day supervision of the vacation content and ensuring the property comprising such is properly maintained.

Status of STARS WORLDWIDE LLC

STARS WORLDWIDE LLC is a booking agency and travel service company dealing exclusively in the market of timeshare rentals. Its head office is located at: 471 North University Drive, Plantation, Florida 33324 USA. In the fulfillment of its role of facilitating timeshare rentals STARS WORLDWIDE deals with a myriad of content providers. The rules applicable to an individual transaction depends on the specific origin of that content. The extent of STARS obligations and liabilities depends on the source of the content in the contract at issue.  

Formation of the Contract

A contract exists between the content provider and the purchaser at the time when  STARS issues a confirmation invoice in regard of the vacation.  Upon issue of invoice STARS shall process payment in accordance with its policy for dealing with payment issues for the content type at issue. No monies shall be taken from the account of the purchaser until such invoice has been issued.

Contracts with STARS for are solely for the purpose of the provision of rental property for periods of a duration of one week (or multiples thereof).  Provision of an Escrow facility shall be regarded as duly falling within the proper ambit of that purpose. All other associated service provisions, including but not limited to the provision of insurance and of entry-visas shall be regarded as falling outside of the ambit of the contract.

Obligations of the Parties

The Purchaser
The Purchaser warrants that they are of legal age (18 years or above) to have the capacity to form the contract.

The Purchaser warrants that other persons availing themselves of the benefit of the property which forms the subject of the contract shall also be bound by the terms and conditions and shall be jointly and severably liable for any breaches thereof.

 A Purchaser who requests an invoice to be raised in regard of a specific piece of content is thereby authorizing the immediate transfer of the sum due for the provision of that content to the appropriate party. Where the parties to the contract are availing themselves of the Escrow Service the monies shall be expeditiously transferred to the escrow fund. Where the Escrow service is not in operation the funds shall be transferred to STARS general account for onward transfer to the appropriate sources.

Authorization of payment constitutes a warranty to STARS that the sums due are available and immediately transferable. Any failure to provide sufficient funds may sanction a charge or additional charge to STARS by the content provider.  The purchaser is solely liable for the payment of any additional charge thereby generated and undertakes to remunerate STARS for any payment they have had to make in consequence of the failure to make immediate transfer.

The Purchaser shall provide the names and titles of all those intending to avail themselves of the content for the duration of the vacation at the time of requesting an invoice be raised.  If the Purchaser is unable to furnish a complete list of names at that juncture they must do so at the earliest opportunity and no-later than 48 hours before the commencement of the vacation period.  The Purchaser will be advised as to whether failure to provide the information is likely to incur an administration charge for which they will be liable.

STARS WORLDWIDE
STARS is a service provider responsible for coordinating and overseeing the contract and vacation period.

STARS undertake to promote, as far as is possible, the rental periods placed on the market by The Content Provider. Promotion includes placement on the STARS website and active promotion by the STARS sales team. A temporary failure to supply such promotion raises no liability on the part of STARS and all promotion activities are accepted on a as is basis.

STARS will ensure that all enquiries as to content availability prior to contract are answered promptly and will use its knowledge to secure a content venue suitable to the purchaser.

STARS  must ensure that the content owner is in a position to facilitate the stay of the purchaser in the location and that the content owner has taken all steps necessary to ensure the purchaser has the right to partake of the content as agreed in the contract.
 
STARS overseas the distribution of all funds and ensure that financing options undertaken, including but not limited to, the Escrow service are run diligently in the interest of both parties to the contract.

STARS will ensure that any local management organization who have an interest in the content property are informed and consent to the rental agreement.

 STARS provide an arbitration forum of last resort to both parties to the contract in the situation that they should dispute the contract.

The Content Provider
The Content Provider must take all steps required by STARS to ensure the purchaser is put in a position to avail himself of the content property.  The specifics of such participation are detailed in the Annex to these Terms & Conditions. 

Where they are subject to such, The Content Provider must ensure all fees and local taxes are paid prior to the arrival of the purchasers at the content location. Such fees include but are not limited to maintenance fees, local property and other municipal taxes as well as any outstanding charges that would reasonable be viewed as limiting the full enjoyment of the content by the purchaser . Any outstanding charge that has not been discharged by the time of the vacation period and that results on a hindrance on the enjoyment of the content property by the purchaser shall be the sole domain of The Content Provider to discharge and any liability arising from his failure to discharge such has lie solely with The Content Provider.

Autonomy

The Purchaser undertakes all responsibility for their travel to the location which is the subject of the contract.  Such responsibilities include but are not limited to the arrangement of transit, local and national entry visa and permit requirements, medical requirements and adequate insurance. 

Failure to secure such cannot be adduced as a reason to fail to complete the contractual obligations on the part of the purchaser.

No liability can arise to STARS for the purchaser’s failure to adequately provide for such services.

The Purchaser hereby warrants completely indemnify STARS for any consequential loss arising out of their failure to adequately provide for any matter not directly in the scope of the contract.

Any offer for the provision of these services by a third party via the medium of the STARS website does not contain a warranty or implied guarantee from STARS as to the sufficiency or quality of these services. 

Changes

Once the invoice is raised the purchaser has committed himself to purchase the vacation content offered for rent. Purchasers must undertake to acknowledge that material changes to the contents of the vacation package are highly unlikely to be agreed and that any costs arising out of the good-will acceptance of such change lies solely with the purchaser.

A refusal to permit access to the property by the content provider and/or the local management   shall constitute a change to the contact. In case of such denial STARS will do all in its capacity to offer similar alternative accommodation but accepts no liability for the actions of the content provider and/or the local management.

Cancellation

The Content Provider may not cancel their commitment to provide the contract property after the contract has been formed.  Any conduct constituting cancellation shall incur total liability to the purchaser for damages arising consequent. 

Upon requesting an invoice being raised the purchaser acknowledges that  they cannot cancel the agreement other than by an action constituting breech. The purchaser acknowledges that any request for minor changes not constituting cancellation are solely at the discretion of STARS and the content provider.

Complaints

Complaints at the vacation property concerning the nature of that property or the provision of any local services previously indicated as being included with the rental  must be dealt with by the appropriate local management acting on behalf of the content provider. Failure to allow chance to remedy the cause of the complaint during the holiday may result in the loss of any claim after the vacation has ended.  If initial contact with the local management has not rectified the matter STARS will seek to intervene to aid a resolution of the matter.

Any complaints not resolved at the local level may be notified and pursued in conjunction with STARS after the end of the vacation period. The purchaser has 14 days to notify STARS of the matter in dispute, failure to notify within that period may raise an administrative charge. In no event being a period longer than 30 days from the first notification of the problem to the local management the purchaser must bring the matter to the attention of STARS otherwise the matter will be considered closed and the notification outside the period as vexious.

STARS will endeavour to resolve every complaint with 28 days of receipt of complaint however no liability arises from an inability to do so which has been caused by actions of other parties.

Liabilities

In addition to the liabilities assigned elsewhere in this document the purchaser, by virtue of their act of asking for an invoice to be raised, accepts responsibility for any damage to property or accommodation caused by themselves, a member of their group or a person in the site of the accommodation by virtue of the purchaser’s presence there.

The accommodation provider reserves the right to terminate the vacation in relation to the whole or a part of the group, due to acts of misconduct provided such termination is viewed as reasonable and is notified to STARS. The Accommodation owner shall be under no obligation to pay compensation or meet any costs or expenses incurred as a result of such action.

The Purchaser agrees to indemnify STARS against any claim made against STARS  in relation to any damage to property or any other cost resulting from derogation from an obligation to act responsibility during the vacation period.  Any reimbursements for damage to property due to the accommodation provider must be met by the purchaser.

The Accommodation provider has be solely liable for misrepresentation made as to the availability and condition of the property. STARS have no liability for any failure to access the property as contracted arising out of a deliberate or accidental misrepresentation or by any omission on the part of The Content Provider. STARS have no liability for any illness, personal injury death or loss of any kind unless cased directly by our negligence. Any claim for damages for injury, illness or death arising from the purchasers stay in the accommodation must be brought against the owner of the accommodation and be subject to the local jurisdiction of the vacation property.

Pricing

Prices are displayed on Euros, Pounds Sterling and US Dollars. STARS reserves the right to change prices at any time prior to an invoice being raised. All price changes will be notified if a prior price point had been indicated.  Price changes occurring after the invoice has been raised cannot be passed onto the purchaser.

STARS  reserve the right to cancel the contact between the parties if one or more item being the subject of the contract was listed at an incorrect price due to a typographical error or an error in the pricing information received by STARS from our suppliers. If we do cancel your contract we will notify you by email/letter and re-credit the purchasers account any sum prior deducted. STARS are not liable for any consequential loss arising from the cancellation due to this reason.

Website Usage

Website usage is governed by the Website Policy document as published at www.starsworldwide.com/policy.html.   All parties to the contract are bound by the terms of that Policy document which is regarded as incorporated into these Terms & Conditions.

Revision

The Terms & Conditions are liable to revision at any-point, without notice, by STARS. All parties to the contract are bound by the version of the Terms & Conditions in-force at the time the invoice was raised. This version of the Terms & Conditions was first published on 01 August 2007.

Nothing  in these terms and conditions shall be construed as affecting consumers statutory rights. The Terms & Conditions, read in conjunction with other relevant documents such  as the Website Policy shall form the whole of the law governing the  relations between the parties.  Any individual provision or provisions that are ruled as inadmissible by a court of law shall  be viewed as severed from the rest of the terms, the validity of which shall remain undisputed. This contract is to be interpreted under the rules applicable in the jurisdiction of England & Wales. Any contest based upon the terms of this agreement, except as where otherwise noted, shall be settled before the same jurisdiction.

 

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