Legal
Rental Agreement
Last updated: May 1, 2026
This is the standard rental agreement that the owner and guest each accept as part of confirming a booking on Book My Points. The version shown to you in your booking page will have your specific reservation details inserted into Section 2 before signing.
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.
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 resort verifies the Reservation and the 14-day post-stay 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.
- 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 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.
6. Guest obligations
- Provide accurate identification matching the lead traveler name on check-in and present it as required by the resort.
- 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.
- Treat the unit and resort facilities with reasonable care. Promptly report any damage, malfunction, or safety issue to the resort and to the Platform.
- 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, smoking, pets, pool and beach use, 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.
8. Damage, incidentals, and resort fees
The resort will require a payment method at check-in for incidentals and may charge for damage, smoking violations, excessive cleaning, lost keys, missing items, or other charges per its standard policies. Those charges are between the resort and the Guest. Neither the Owner nor the Platform is responsible for collecting them, and the Guest will not seek reimbursement from the Owner or the Platform for charges resulting from the Guest's own conduct.
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 or program action (Section 10) is a material breach and may result in karma forfeiture, removal from the Platform, and chargebacks.
10. 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 and Section 9 and will not assess karma penalties for the Owner.
11. 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.
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. Neither Party will be liable for indirect, incidental, consequential, or punitive damages. 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.
12. 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 13. 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.
13. 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. Any dispute not resolved through the Platform's process will be resolved under the dispute-resolution terms of the Platform's Terms of Service, including binding arbitration where applicable.
14. Governing law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that resort house rules and any mandatory local laws of the property's jurisdiction continue to apply to conduct on the premises.
15. 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.
- 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.
16. 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 Owner accepts this Agreement when submitting the proposal, and the Guest accepts it when confirming the proposal. Both acceptances must be on file before the Reservation is treated as binding.
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