Rental Agreement

1. Parties

This Rental Agreement (the "Agreement") is entered into by the points owner identified in the Book My Points booking record (the "Owner") and the guest identified as the lead traveler in the same record (the "Guest"). The Owner and Guest are collectively the "Parties." Book My Points ("Platform") facilitates this Agreement but is not itself a party to it.

2. The reservation

The reservation booked under this Agreement (the "Reservation") is described on the Guest's confirmation page and includes:

• Resort and property name and location
• Villa or unit type, view category, and bedroom count
• Check-in and check-out dates
• Number of approved occupants and the lead traveler's name
• Underlying program reservation/confirmation number once booked by the Owner
• Confirmed total price and the refund policy selected

The version of this Agreement presented for signature in the booking flow will have these fields populated automatically from the booking record. If any of those facts later change, the update will be recorded as an amendment in the Platform's booking event log.

3. Nature of this agreement

This Agreement grants the Guest a short-term, non-exclusive, non-transferable license to occupy the Reservation for the specified dates. It is not a lease, tenancy, or interest in real property. The Owner does not own the underlying real estate; the Owner holds points in a vacation-ownership program (e.g., Marriott Vacation Club) and uses those points to make the Reservation in the Guest's name. The Guest's stay is governed in full by the resort and program's house rules and check-in terms in addition to this Agreement.

This Agreement covers occupancy of the Reservation only. It does not include transportation of any kind, travel insurance, meals, parking, or any other charges incurred while occupying the unit. The Guest is solely responsible for those costs.

The Guest is not required, as a condition of this Agreement or of staying at the resort, to attend, listen to, or participate in any timeshare sales presentation, tour, or pitch of any kind. The reservation is in the Guest's own name and is indistinguishable from any other guest stay at the resort.

4. Payment, fees, and refunds

• The Guest authorizes the Platform to place a card hold for the maximum quoted total at request time and to capture the confirmed total upon successful resort verification.
• The Platform's booking fee is included in the confirmed total and is disclosed on the booking page before the Guest signs this Agreement.
• The Owner is paid through Stripe Connect after the guest cancels or completes the stay and the 14-day dispute window closes without an open dispute.
• Refunds, if any, follow the refund policy selected at booking time (non-refundable, partly refundable, or fully refundable). Bookings within 65 days of check-in are non-refundable, matching the underlying program's policy.

5. Owner obligations

• Make the Reservation with the underlying program promptly after the Guest confirms, in the Guest's legal name, matching the resort, dates, villa type, and view confirmed in the proposal.
• Share the program confirmation number and any program-issued documents with the Platform for resort verification, and provide the Guest — through the Platform — a copy of the resort's written or emailed confirmation showing the Reservation is in the Guest's name. The Guest may present this documentation at check-in if the resort asks.
• Maintain the Reservation through the Guest's check-out date and not cancel, modify, or transfer it without the Guest's consent and the Platform's coordination, except where required by force majeure (Section 11), unit unavailability (Section 10), or program action outside the Owner's control.
• Comply with the points program's rules for guest reservations, including any required disclosures about the Guest as the occupant.
• Program-rules representation. Represent that the Owner's use of points for this Reservation is consistent with the points program's terms governing guest and third-party reservations and is being made in good faith (not as part of a pattern the Owner knows the program would treat as prohibited commercial rental). If the program later cancels, voids, or refuses to honor the Reservation as "unauthorized commercial rental" or any similar program-rules violation:
  • The Guest is treated as if the unit became unavailable under Section 10 and receives a full refund of amounts paid to the Platform; the Guest's exclusive remedy is the refund and any §10 resolution offered.
  • If the program enforcement was caused by the Owner's knowing breach of the representation above, the Owner is additionally responsible to the Platform for the refund amount and any directly-related Platform costs (chargeback fees, admin time), and the Owner may be removed from the Platform.
  • If the program enforcement happens despite the Owner's good-faith compliance, the Owner is not assessed karma penalties and the Platform absorbs the operational cost.

6. Guest obligations

• Be of legal age to enter into this Agreement and meet the resort's minimum check-in age (typically 21, sometimes 25). Provide government-issued photo identification matching the lead traveler name at check-in, and present any other ID the resort requires of standard guests.
• Be solely responsible for the conduct, compliance, and any charges incurred by every co-occupant disclosed at confirmation. Bringing additional guests beyond the disclosed occupants without resort approval is a breach of this Agreement.
• Use the property only for personal lodging during the booked dates. No commercial use, parties, events, or filming without the Owner's and resort's prior written consent.
• Stay within the approved occupancy and parking limits set by the resort.
• Leave the unit at check-out in the same condition as found at check-in, normal wear and tear excepted. Promptly report any damage, malfunction, or safety issue to the resort and to the Platform.
• Check out by the resort's stated check-out time. Holding over past that time without the resort's express permission may result in resort-imposed late-checkout fees, lockout charges, or relocation costs, all of which are the Guest's responsibility.
• Pay any resort fees, taxes, deposits, parking, and incidentals charged directly by the resort at or after check-in.

7. Occupancy and house rules

The Guest agrees to abide by all resort house rules, points program member terms, and applicable laws during the stay, including rules about quiet hours, pets, pool and beach use, parking, and resort-fee policies. The Guest may not transfer, assign, sublet, list, or otherwise convey the Reservation to a third party. Only the occupants disclosed at confirmation may check in or stay in the unit; bringing additional guests without resort approval may result in resort-imposed charges or eviction, for which the Guest is solely responsible.

No smoking. Unless the resort expressly designates the unit as smoking-permitted (rare at modern timeshare resorts), the unit is non-smoking. The Guest is solely responsible for any smoking-related cleaning, deodorizing, or damage charges the resort assesses, and those charges are not reimbursable by the Owner or the Platform.

8. Damage, incidentals, and resort fees

The resort will require the Guest to authorize a payment method (typically a credit-card hold or signed authorization slip) at check-in to cover incidentals and any post-stay charges per its standard policies. These charges are between the resort and the Guest; the Platform does not collect or escrow a separate damage deposit, and the Guest will not seek reimbursement from the Owner or the Platform for charges resulting from the Guest's own conduct.

Examples of charges the resort may bill directly include:

• Resort fees, transient occupancy / lodging tax, and parking
• Telephone, in-room safe, and minibar charges
• Food, beverage, and other room charges incurred during the stay
• Additional housekeeping or cleaning beyond the resort's included service
• Smoking-related cleaning and deodorizing fees
• Lost keys, lost towels, or missing room-inventory items
• Damage, repairs, or replacement of furnishings
• Late-checkout, holdover, or lockout charges

9. Cancellation and changes

• Guest-initiated cancellations follow the refund policy selected at booking time. Within 65 days of check-in, the booking is non-refundable.
• If the Owner is unable to make or maintain the Reservation through no fault of the Guest, the Guest receives a full refund of amounts paid to the Platform and the Platform may, at its discretion, attempt to re-match the request.
• Date or villa-type changes after confirmation are permitted only by mutual agreement of the Parties through the Platform and subject to program availability and any resulting price differences.
• Owner cancellation outside force-majeure (Section 11), unit unavailability (Section 10), or program action is a material breach and may result in karma forfeiture, removal from the Platform, and chargebacks.

10. Unit unavailability and travel insurance

If, despite a confirmed reservation, the Guest is unable to occupy the unit at check-in or during the stay because of resort-side issues — including overbooking, the unit being closed for damage or emergency repairs, the resort relocating the Guest to a different unit, a name mismatch the resort will not resolve, or any other booking error attributable to the resort or program — the Owner and the Platform will, in good faith and using commercially reasonable efforts:

• Coordinate with the resort and the Guest to find a workable resolution where feasible (a different villa at the same resort, an upgrade, a credit toward a future Book My Points stay, or a shift to a different program option).
• If no resolution is possible, refund the Guest in accordance with Section 4 and the cancellation/refund terms of this Agreement. A complete inability to occupy that is not the Guest's fault is treated as an Owner-side failure to fulfill, and the Guest receives a full refund of amounts paid to the Platform regardless of the booking-time refund policy.

Platform liability cap. Subject to the carveouts below, Book My Points is not responsible for any damages, losses, or out-of-pocket costs arising from resort-side booking problems beyond the refund described above and in the Cancellation terms (Section 9). This includes, without limitation, airfare, ground transportation, alternative lodging, missed work or wages, meals, ground services, event tickets, or any other downstream expense the Guest may incur. The same limit applies to the Owner: the Owner's liability for resort-side failures not caused by the Owner's own negligence or willful misconduct is limited to the refund described in this section.

Carveouts from the cap. Nothing in this Section 10 (or in Section 12) limits liability for (a) a Party's gross negligence, willful misconduct, or fraud; (b) bodily injury or death caused by a Party's negligence; or (c) any liability that, under applicable law, cannot be excluded or limited (including non-waivable consumer-protection statutes). To the maximum extent permitted by law, every other limitation in this Agreement applies in full.

Travel insurance. If the Guest wants assurance beyond the refund described in this section — for example, reimbursement of non-refundable airfare or replacement-trip costs — the Guest is strongly encouraged to purchase private travel insurance before the stay. Travel insurance is the appropriate vehicle for protecting the broader cost of a trip; this Agreement and the Platform are not.

The provisions of this Section 10 are the sole remedy for unit-unavailability events of the type described, except where a force-majeure event under Section 11 applies (in which case Section 11 controls) or where a carveout above applies.

11. Force majeure

Neither Party is liable for failure to perform when the cause is beyond its reasonable control, including natural disasters, severe weather, government action, public-health emergencies, resort closures, or program-side cancellation of the Reservation. In such cases, the Platform will coordinate a refund consistent with Section 4, Section 9, and Section 10, and will not assess karma penalties for the Owner. The Platform-liability cap and travel-insurance recommendation in Section 10 apply equally to force-majeure events.

12. Liability and indemnity

The Guest assumes all ordinary risks of travel and lodging. The Owner makes no warranties about the unit beyond what the underlying program represents to its members, and the Owner has no obligation to be physically present, to provide concierge services, or to remedy issues that are the resort's responsibility. The Guest acknowledges that no contractual claim arises against the resort, the resort's owners' or homeowners' association, or the underlying points program out of this Agreement.

Each Party will indemnify and hold harmless the other Party and the Platform against third-party claims arising out of that Party's own breach of this Agreement, gross negligence, or willful misconduct. Subject to the carveouts in Section 10, neither Party will be liable for indirect, incidental, consequential, or punitive damages, and each Party's aggregate liability arising out of or relating to this Agreement is capped at the confirmed total paid by the Guest for the Reservation, with the Platform's liability further limited as described in Section 10. The carveouts in Section 10 (gross negligence, willful misconduct, fraud, bodily injury or death from negligence, and non-waivable statutory liability) override these limits to the extent applicable law requires.

13. Role of Book My Points

The Platform provides the matching, payments, and verification infrastructure for this Agreement, holds funds during the booking lifecycle, releases payouts after the dispute window, and operates the dispute-resolution process described in Section 14. The Platform is not a party to the underlying resort reservation, is not a travel agency or tour operator, and is not responsible for the Owner's or Guest's performance of their respective obligations under this Agreement, except to the extent set out in the Platform's Terms of Service Terms of Service. The Platform's financial responsibility for resort-side booking failures is capped as set out in Section 10.

14. Disputes

The Parties will first attempt to resolve any dispute using the Platform's in-product dispute flow. The Guest may file a dispute through the booking page during the 14-day post-stay window. The Platform's admin review will issue a written determination, which the Parties agree to accept absent fraud or manifest error.

Binding individual arbitration. Any dispute between the Owner and the Guest arising out of or relating to this Agreement, the Reservation, or the stay that is not resolved through the Platform's process will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction. The Owner and the Guest each waive the right to a jury trial and the right to participate in any class, collective, or representative action.

Small-claims and emergency-relief carveouts. Either Party may instead bring an individual claim in a small-claims court if the dispute falls within that court's monetary and subject-matter jurisdiction, and either Party may seek emergency injunctive relief from a court of competent jurisdiction in aid of arbitration.

This Section 14 governs disputes between the Owner and the Guest. Disputes that involve the Platform are governed by the dispute-resolution provisions in the Platform's Terms of Service Terms of Service.

15. Governing law

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Florida is the Platform's principal place of business, which establishes the substantial relationship required for this choice.

Consumer-protection savings clause. Notwithstanding the foregoing, mandatory consumer-protection statutes of the Guest's state or country of residence (where more protective of the Guest than Florida law) continue to apply to the extent they cannot be waived by contract under that jurisdiction's law.

On-premises law. Resort house rules, the underlying points program's terms, and any mandatory local laws of the property's jurisdiction continue to apply to conduct on the premises and to safety and health regulations during the stay.

16. General

• Entire agreement. This Agreement, together with the booking record and the Platform's Terms and Privacy Policy, is the entire agreement between the Parties about the Reservation and supersedes any prior chat-thread or proposal language.
• No assignment. Neither Party may assign or transfer rights or duties under this Agreement without the other Party's written consent and the Platform's coordination.
• Severability. If any provision is held unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Survival. Sections 4 (Payment), 8 (Damage and incidentals), 10 (Unit unavailability and travel insurance), 12 (Liability and indemnity), 14 (Disputes), and 15 (Governing law) survive the end of the stay or any earlier termination of this Agreement.
• No third-party beneficiaries. Except for the Platform — which is an intended beneficiary of Sections 9, 10, 12, 13, 14, and 15 and may enforce them in its own name — this Agreement creates no rights in any person who is not a Party.
• Attorneys' fees. In any arbitration between the Owner and the Guest to enforce this Agreement, the prevailing Party is entitled to recover its reasonable attorneys' fees and costs, capped at the confirmed total paid by the Guest for the Reservation. This cap mirrors the liability cap in Section 12 and is intended to keep enforcement proportionate to the disputed amount. This provision does not apply to actions brought in small-claims court, where each Party bears its own attorneys' fees per that court's standard rules.
• Notices. Notices between the Parties are sent through the Platform's chat thread and notification system; notices to the Platform go to legal@bookmypoints.com.

17. Electronic acceptance

The Parties agree that electronic acceptance of this Agreement through the Platform — by clicking "I agree" on the booking page after authenticating via magic link — constitutes a valid signature with the same legal effect as a handwritten signature, under the U.S. E-SIGN Act and equivalent laws. The Platform records the timestamp, IP address, and identity of each accepting Party in the booking event log as evidence of execution.

In the booking flow, the Guest accepts this Agreement when confirming the proposal, and the Owner accepts it when submitting the program confirmation number — the moment the Owner is actually committing to fulfill the Reservation. Both acceptances must be on file before the Reservation is treated as binding, and a signed copy is emailed to both Parties once the second acceptance is recorded.