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. This is a direct-pay booking: the Guest pays the Owner directly and the Platform neither collects, holds, nor disburses any money for 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

Direct payment — no Platform money handling. This is a direct-pay booking. The Guest pays the Owner directly, off-platform, by whatever method the Parties agree on (e.g., Zelle, Venmo, or another mutually-agreed method). The amount, timing, and method of that payment are arranged between the Owner and the Guest.

• The Platform does NOT place a card hold, capture a card, or charge the Guest anything. No payment method is collected by the Platform for this booking.
• There is NO Platform booking fee for this booking. Direct-pay bookings are free of Platform charges; the only amount owed is the room cost the Parties agree on between themselves.
• The Owner is NOT paid through Stripe Connect or any Platform payout. The Platform moves no money at any point in this booking's lifecycle. The Owner is paid only by the Guest, directly.
• Because the Platform holds no funds, there is no Platform-administered refund. Any refund, partial refund, or adjustment is arranged strictly between the Guest and the Owner. The in-app chat thread is the record of what the Parties agreed.
• The "Mark payment received" record in the Owner's portal and any payment notes in the chat thread are timeline records only; they do not move money and are not a Platform guarantee that payment occurred.

By choosing direct-pay, the Guest forgoes the Platform protections (card-hold backing, Platform-administered refunds, and the Platform dispute process) that apply to platform-managed bookings. See Sections 10 and 14.

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 Guest through the Platform so the Guest can verify the Reservation, and provide the Guest 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, 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.
• Counterparty risk and good faith. The Owner commits a real reservation against the Guest's direct payment and accepts the counterparty risk that comes with collecting payment directly rather than through the Platform. The Owner represents 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. Because the Platform holds no funds, any refund of amounts the Guest paid the Owner directly is arranged between the Guest and the Owner; the Guest's exclusive remedy is that direct refund and any §10 resolution the Owner offers.
  • If the program enforcement was caused by the Owner's knowing breach of the representation above, the Owner is responsible to the Guest for the amount the Guest paid the Owner, 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.

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.
• Self-verification. Because this is a direct-pay booking, the Guest is responsible for verifying the Reservation: the Guest confirms, using the confirmation number and resort documentation the Owner provides, that a valid reservation in the Guest's name exists for the booked resort and dates before traveling and before settling payment with the Owner. The Platform does not verify the Reservation with the resort on the Guest's behalf as a required step. The Guest should not rely on the Platform to catch a defective reservation.
• Direct payment. Pay the agreed room cost directly to the Owner by the method and on the schedule the Parties agree. The Platform does not collect, hold, or guarantee this payment.

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

• Because no money is held by the Platform, any refund on a Guest-initiated cancellation is a matter of what the Guest has already paid the Owner directly and what the Parties agree. Within 65 days of check-in the underlying program treats the points as non-refundable, so the Owner is unlikely to be able to recover them.
• If the Owner is unable to make or maintain the Reservation through no fault of the Guest, any amount the Guest already paid the Owner directly is to be returned by the Owner; 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 settled directly between the Parties.
• Owner cancellation outside force-majeure (Section 11), unit unavailability (Section 10), or program action is a material breach and may result in karma forfeiture and removal from the Platform.

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 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, or a shift to a different program option).
• If no resolution is possible, return to the Guest the amount the Guest paid the Owner directly for the Reservation. A complete inability to occupy that is not the Guest's fault is treated as an Owner-side failure to fulfill. Because the Platform holds no funds, this refund is made by the Owner directly to the Guest; the Platform cannot and does not refund it.

No Platform financial protection. This is a direct-pay booking, so the Platform provides NO financial protection or refund of any kind. The Platform is not responsible for any damages, losses, or out-of-pocket costs arising from resort-side booking problems, including airfare, ground transportation, alternative lodging, missed work or wages, meals, event tickets, or any other downstream expense. The Guest's recourse for the room cost is against the Owner directly. Subject to the carveouts below, the Owner's liability for resort-side failures not caused by the Owner's own negligence or willful misconduct is limited to returning the amount the Guest paid the Owner for the Reservation.

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. Because this booking carries no Platform protection, the Guest is strongly encouraged to purchase private travel insurance before the stay if the Guest wants assurance beyond the Owner's direct refund obligation — for example, reimbursement of non-refundable airfare or replacement-trip costs. 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, any return of amounts the Guest paid the Owner directly is arranged between the Parties consistent with Section 9 and Section 10, and the Platform will not assess karma penalties for the Owner. The travel-insurance recommendation in Section 10 applies 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 amount the Guest paid the Owner for the Reservation. Because the Platform handles no money and provides no protection for this booking, the Platform has no financial liability for it beyond what the Platform's Terms of Service require. 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

For this direct-pay booking, the Platform provides matching and booking-timeline infrastructure only. The Platform does NOT collect, hold, escrow, or disburse any funds, does NOT process payments, and does NOT operate a refund or dispute-resolution process for this booking. 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, including the Guest's direct payment to the Owner and the Owner's delivery of a valid reservation, except to the extent set out in the Platform's Terms of Service Terms of Service.

14. Disputes

No Platform-mediated dispute process. Because the Platform holds no funds for this booking, there is no Platform-administered dispute or refund process and no post-stay dispute window. Any disagreement about payment, refunds, or the Reservation is strictly between the Owner and the Guest, who agree to first attempt to resolve it directly. The in-app chat thread is the record of their communications and is the only escalation channel the Platform offers for this booking.

Binding individual arbitration. Any dispute between the Owner and the Guest arising out of or relating to this Agreement, the Reservation, the direct payment, or the stay that the Parties do not resolve directly 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 amount the Guest paid the Owner 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.