VacatiaPLUS Membership Terms and Conditions

Updated August 2021

These VacatiaPLUS Membership terms and conditions (Terms) govern your use and enjoyment of VacatiaPLUS (VacatiaPLUS) at participating resorts (Vacatia VIP Resorts) and other hotels, resorts, vacation rental properties, and other accommodations (collectively, VacatiaPLUS Properties), as well as other services and benefits that we make available to you from time to time in connection with your VacatiaPLUS Membership (collectively, VacatiaPLUS Experiences). These Terms also supplement the Website terms of use for the vacatia.com website (Website). The terms “we”, “us”, and “our” refer to Vacatia Travel Services Inc., the operator of VacatiaPLUS (the Company). The terms “you”, “your”, “Member”, and “Subscriber” refer to you and all VacatiaPLUS members and other persons we permit to receive VacatiaPLUS Experiences. “VacatiaPLUS Membership”, “Membership”, and “Subscription” can be used interchangeably.

Membership in VacatiaPLUS is offered to you conditioned upon your agreement to accept these Terms. If you agree to be bound by these Terms, you should click on the “I agree to the VacatiaPLUS Membership Terms and Conditions” selection on the enrollment page of our Website (Enrollment Site). Payment of any fee, including your VacatiaPLUS Annual Membership Fee, or use of your Membership shall also be considered acknowledgment of these Terms. You further agree that your registration and enrollment data and other information about you are subject to our Privacy Policy available on our Website.

If you do not agree to be bound by these Terms, do not click your assent.

The Terms set forth on the Enrollment Site, including any state-specific disclosures and Website terms of use are incorporated herein by this reference and are part of these Terms. VacatiaPLUS Experiences are subject to rules displayed online in the booking process for each selected VacatiaPLUS Experience (collectively, Reservation Rules). Please read these Terms carefully and print or save copies for your files. Please refer online to the specific Reservation Rule associated with each VacatiaPLUS Experience prior to booking.

1.VacatiaPLUS and Your Membership. VacatiaPLUS is comprised of access rights and is not a legal entity. Upon your initial enrollment, you select a subscription point package and will receive your allocation of Vacatia Points. The number of Vacatia Points allocated to you depends on whether you have paid in full or are utilizing our Pay Over Time payment plan option described below. You may renew your Membership at any time with no obligation to select additional point packages. Your Membership is not an interest, equity or otherwise, in the Company, its affiliates or any other legal entity and does not entitle you to any share of assets, income, gain or voting rights. You are not acquiring any vacation ownership interest or real estate interest in any specific VacatiaPLUS Property or accommodation through your Membership. Your Membership does not constitute the leasing, letting or granting of a license to use any living quarters or sleeping or housekeeping accommodations in, from, or a part of, or in connection with, any hotel, apartment house, rooming house or camp, park, condominium or resort. VacatiaPLUS Membership is an annual membership, and is not an arrangement, plan, scheme, or similar device providing for the right to use any VacatiaPLUS Property or accommodations or VacatiaPLUS Experiences for (i) less than a year, on a recurring basis for more than one (1) year, or (ii) more than one (1) year. Membership does not entitle you to use or occupancy of any specific location; you must make a reservation on a first-come, first-served basis for a specific VacatiaPLUS Property based on availability during your Membership term, subject to certain peak and blackout dates. VacatiaPLUS Properties are not subject to any common instrument. VacatiaPLUS Property options may change or be removed from availability to Members at any time. The services to be provided under these Terms shall commence as of the date you agree to these Terms. The primary purpose of these Terms is not the right to purchase or receive goods or services in the future. VacatiaPLUS Experiences are not obtained or provided from cooperative purchases. VacatiaPLUS is not a discount club. Membership is purchased for recreational, personal use and is not to be purchased as an investment.

2.Representations and Warranties. As a condition to the validity of your Membership, you represent and warrant that (a) you are at least twenty-one (21) years of age and possess the legal authority to create a binding obligation; (b) you will use the Website and all VacatiaPLUS Experiences in accordance with the VacatiaPLUS Documents (defined below); (c) your acquisition of your Membership is solely for personal enjoyment, is based upon its value as a leisure time experience and is not for investment purposes or with an expectation that it may be resold for profit; (d) no aspect of your Membership has been represented to you as an investment opportunity; (e) all information which you have supplied to us is true, accurate, current and complete; and (f) our representatives may offer products and services related to your Membership to you via email, telephone or mail and you consent and agree to receive such offers.

3.Payment for Your VacatiaPLUS Membership. Your VacatiaPLUS Membership is comprised of two separate payments: the VacatiaPLUS Annual Membership Fee and the Point Package Fee based on the desired number of Vacatia Points you purchase upon your initial enrollment. Each time you renew, you are only required to pay the VacatiaPLUS Annual Membership Fee. Additional Vacatia Points can be purchased by paying a Point Package Fee any time while your Membership is active. Terms of issuance and use of Vacatia Points may be changed by us at any time, without advanced notice, and in our sole discretion. For and in consideration of your payment of the VacatiaPLUS Annual Membership Fee (initial or renewal) and Point Package Fee, you are acquiring from us the right to receive, access, and purchase certain VacatiaPLUS Experiences, and to reserve the use and occupancy of, on a first come first served basis, any VacatiaPLUS Property described in and subject to these Terms, the Reservation Rules, content on your Member online account, and such other documents, terms, rules, or policies governing your Membership (collectively, VacatiaPLUS Documents). There are 2 tiers of VacatiaPLUS Membership: (1) VacatiaPLUS Standard, and (2) VacatiaPLUS Premium. We may refer to these Membership tiers by other marketing terms on the Website. VacatiaPLUS Standard Membership allows you to access and enjoy VacatiaPLUS Properties and VacatiaPLUS Experiences. VacatiaPLUS Premium Membership provides additional benefits (which will be presented to you at the time you sign up for Premium Membership) including access to the Exchange Program (described below). The term of your Membership is the twelve (12) month period beginning on the date you purchase your Membership together with your desired Vacatia Points package (paid either in full or through a Pay Over Time payment plan) and agree to these Terms (Membership Term). Your Membership Term is renewable for additional 1-year terms upon payment of the then-current VacatiaPLUS Annual Membership Fee. We may change the fees and charges then in effect, or add new fees or charges, by giving notice in advance to Members with active Memberships.

4.Vacatia Points. Upon initial enrollment, the “points” Members receive may be referred to as Vacatia Points or other marketing terms. Except as otherwise provided by us, or as prohibited by applicable law, Vacatia Points may be redeemed for VacatiaPLUS Experiences, but may not be used to settle Personal Charges (defined below) billed during a VacatiaPLUS Experience. The number of Vacatia Points required to reserve VacatiaPLUS Experiences will vary based on general availability, unit size, seasonality and other factors, and will be displayed to the Member on our Website or communicated through our call center. As it relates to Vacatia VIP Resorts, each resort will have a fixed point value for each day of the year based on unit size, season and resort. Peak holidays and event dates may be subject to blackout or subject to the rates made available to the general public on our Website (Public Rental Rate) rather than fixed point values (these are sometimes referred to in these Terms and on our Website as “Exception Dates”). Vacatia Points can also be used to reserve a stay at an accommodation that is not a Vacatia VIP Resort. In these instances, the point value required for a reservation will be calculated dynamically based on a discount off the current Public Rental Rate. Vacatia Points expire when a Membership is not renewed or three (3) years following the date they were originally issued upon purchase and deposited to the Member account. If you make a reservation or purchase a stay through the Website using cash (and not Vacatia Points), these Terms will not apply, and you will be subject to reservation rules separate from the Reservation Rules referenced in these Terms.

5.Price Guarantee. When Members make reservations using Vacatia Points they are guaranteed to receive a lower price for a given reservation, inclusive of cleaning fees, resort fees and other surcharges charged to guests, than the Public Rental Rate.

6.VIP Privileges. Each year of Membership, upon enrollment and any subsequent renewal, the Member has the option to select a “preferred” VacatiaPLUS Property from a list of select VacatiaPLUS VIP Resorts (Preferred VIP Resort). The list of properties that can be selected for a Preferred VIP Resort can change at the Company’s discretion. Based on the selection of a Preferred VIP Resort, the Member will be entitled to certain benefits made available by that Preferred VIP Resort as identified on the Website during the Membership Term (VIP Privileges). VIP Privileges for each Preferred VIP Resort may be modified at the Company’s sole discretion. To access VIP Privileges, the Member will be required to provide proof of VacatiaPLUS Membership via a digital membership card, or other means established by the Company, identifying the Preferred VIP Resort at which the Member is eligible to receive VIP Privileges. If the Member does not have their digital membership card, they can call Customer Service for assistance. The VacatiaPLUS Annual Membership Fee or Point Package Fee does not change regardless of whether a Member selects a Preferred VIP Resort.

7.Reservation. VacatiaPLUS Experiences may be selected and reserved by logging onto our Website, or via our call center that can be contacted through online chat or phone number posted on our Website. Reservation Rules for each VacatiaPLUS Experience booking will be shared with you prior to confirming the reservation. Completing a reservation is an acknowledgement that you reviewed and agreed to the Reservation Rules for the booked VacatiaPLUS Experience. Only a Member can confirm a VacatiaPLUS Experience reservation. A Pending or Invalid Member cannot make a new reservation. A Member is in Pending status if: (a) the Member is not current in the payment of all amounts then due to us, (b) the Member’s form of payment on file with us remains expired for more than 30 days, (c) the Member’s Membership has been suspended, or (d) the Member is not in compliance with all applicable VacatiaPLUS Documents. A Member is in Invalid status if: (a) the Member’s Membership has been terminated, (b) the Member’s Membership Term has expired without renewal, (c) the Member has asserted or threatened any claim or action against us or any Indemnified Party (as defined below), or (d) the Member’s Membership is otherwise not in good status with us.

8.Enjoyment of VacatiaPLUS Experiences. Your receipt of a VacatiaPLUS Experience is subject to the Reservation Rules and other VacatiaPLUS Documents. In addition, the reservation of VacatiaPLUS Experiences and the use and occupancy of VacatiaPLUS Properties is subject to all rules, contractual obligations, laws, and regulations applicable thereto, including without limitation, applicable zoning regulations and governing documents (e.g., homeowners' association covenants, conditions and restrictions) and third party service provider/owner and Vacatia-imposed rules (collectively, and as to each VacatiaPLUS Property option, the House Rules). You are also solely responsible for payment of all transportation, food and beverage, telephone, VacatiaPLUS Property specific charges, VacatiaPLUS Experience specific charges and other items of a personal nature (collectively, Personal Charges).

9.Property Damage. In addition to any other related rules which may be detailed in the Reservation Rules, you are fully responsible for your actions and the actions of your family members (including minor children), invitees, and other guests (collectively, the Guests) during any VacatiaPLUS Experience or otherwise in connection with your Membership, regardless of whether guests are accompanied by you or not during a stay. As further provided in the Reservation Rules, you must reimburse us for any and all loss and damage to a VacatiaPLUS Property caused by yours or your Guests’ acts or omissions. You agree that we may charge your debit or credit card on file with us for any and all property damage sustained as a result of yours or your Guests’ acts or omissions.

10.Automatic Payment Program. By agreeing to these Terms, you agree to pay the VacatiaPLUS Membership Fee and Point Package Fee, as applicable, at the rate in effect when due. By agreeing to the authorization for automatic payments (Automatic Payment Authorization), you also thereby consent to the automatic payment program for Personal Charges or Pay Over Time payments (defined below), as applicable, and pre-authorize us to charge such fees to the credit card or other payment method used to pay your fees or charges, including ACH payments, designated on the Enrollment Site. This Automatic Payment Authorization shall remain in full force and effect until you notify us by email at vacatiaplus@vacatia.com or by telephone posted on our Website that you wish to cancel your authorization. We must receive your notice at least fourteen (14) business days before the next scheduled date of any payment in order to cancel your authorization before that date. We will send you an email prior to expiration of your Membership Term alerting you to the pending expiration of (and option to renew) your Membership and the exact amount of the then-applicable VacatiaPLUS Annual Membership Fee and Point Package Fee. Renewals are effective only if valid payment is made prior to or contemporaneously with expiration of the current Membership Term. Except for certain limited rescission or similar rights provided by applicable state or local law, VacatiaPLUS Annual Membership Fees, Point Package Fees, as well as Pay Over Time monthly payments are nonrefundable following the Membership Cancelation Period (defined below); failure to receive VacatiaPLUS Experiences or otherwise use the Membership through no fault of ours does not entitle a Member to a refund of VacatiaPLUS Annual Membership Fees or Point Package Fees, or relieve such Member of his or her obligation to continue paying Pay Over Time payments. Memberships may be canceled within thirty (30) days of payment for a refund of the applicable VacatiaPLUS Annual Membership Fee and/or Point Package Fee paid, provided that the Member has not completed, partially completed, or is partaking in a VacatiaPLUS Experience, and the Member has not made a Vacatia Points reservation (Membership Cancelation Period).

We will notify you of any rejection of a payment by your credit card or other payment method provider. In such event, you have a thirty (30) day period to resolve such rejected payment prior to termination of your Membership. During this grace period and until the payment rejection is resolved, your Membership will be in Pending status, and any existing reservations for VacatiaPLUS Experiences will be on hold and subsequently canceled once the arrival date of the reservation is fourteen (14) days or less prior to the resolution of the rejected payments. All fees and other amounts paid for such canceled VacatiaPLUS Experiences are nonrefundable and otherwise subject to terms set forth herein and in the Reservation Rules.

11.Pay Over Time. VacatiaPLUS Members have the option to pay for the VacatiaPLUS Annual Membership Fee and Point Package Fee in installments (Pay Over Time) over one (1) year. Personal Charges cannot be paid with the Pay Over Time payment plan. If you elect to purchase your Membership using Pay Over Time, you agree to: (a) pay the installments when due; (b) Automatic Payment Authorization (as described in these Terms) for such installment payments; and (c) authorize us to initiate charges to your credit card or ACH account to pay your initial payment and all remaining payments due and owing under your Pay Over Time payment schedule. We reserve the right to obtain a credit check, with your explicit approval, as well as require multiple credit card or ACH accounts on file. We also reserve the right to require payment of remaining monthly Pay Over Time payments if the Membership ever falls in Pending status. We may provide additional financial payment plans from third party companies, such as Uplift, on our Website.

Should any scheduled payment be declined or otherwise past due for more than thirty (30) days, we reserve the right to terminate your Membership. Neither suspension nor termination, whether caused by breach of the Pay Over Time terms herein, the Membership Terms, or otherwise, relieves you of your obligation to pay the full amount communicated to you upon enrolling or renewing your Membership, purchasing additional Vacatia Points, booking VacatiaPLUS Experiences, and any other outstanding obligations related to your Membership. Further, in the event that your Membership is suspended or terminated, all existing reservations will be canceled and all monies that you previously paid to us in furtherance of any reservation will be retained by us as liquidated damages (and not as a penalty), subject to our cancelation policy. You agree that the foregoing is a reasonable estimate of damages that we may suffer as a result of your breach of these Pay Over Time terms.

12.Personal Charges Payable by Members. All Members are required to maintain a valid credit card or other payment method on file with us. Except as otherwise provided in the VacatiaPLUS Documents or in writing by us, all Personal Charges payable by Members hereunder must be paid in U.S. dollars and are due on demand, which may be made electronically, or may be charged to the Member’s credit card or other payment method on file with us, which charges you hereby expressly authorize. Should any such bill remain delinquent for more than a period of seven (7) days, your Membership will be immediately suspended, and such unpaid amount will incur interest charges of one- and one-half percent (1.5%) per month (but shall not exceed the maximum permitted by law). Continued failure to pay any such charge or any other failure to timely make payments due hereunder is grounds for immediate termination of your Membership. By agreeing to these Terms, each Member agrees that we are authorized to charge any outstanding amounts to such Member’s credit card or other payment method on file with us.

13.Taxes and Fees. Taxes and fees will be charged on top of the cost of the VacatiaPLUS Annual Membership Fee and the Point Package Fee. This charge is intended to cover taxes and fees, including, without limitation, taxes for sales and use, transient and/or hotel occupancy, room excise, value added and/or other similar taxes as well as applicable cleaning fees or resort fees charged by the Properties. The amount payable to the applicable taxing authority in connection with your reservation may vary based on the jurisdiction in which the lodging where you will be staying is located.

14.Modifications and Cancelations of VacatiaPLUS Experiences. Modifications and cancelations of VacatiaPLUS Experiences are subject to cancelation terms set forth in your Reservation Rules, or as otherwise set forth in any applicable additional rules provided to you. VacatiaPLUS Experiences that are booked using Vacatia Points, as detailed in the Reservation Rules and except as otherwise prohibited by applicable law, are not eligible for cash refunds for fully or partially canceled VacatiaPLUS Experiences. All such refunds, as allowed by Reservation Rules, will be issued in the form of Vacatia Points toward future VacatiaPLUS Experiences. Only Members not in Pending or Invalid status will be entitled to any refunds. The number of Vacatia Points, if any, that may be issued as a refund for a modified or canceled VacatiaPLUS Experience is based on several factors including the timing of your cancelation and the VacatiaPLUS Property option being canceled as defined in your Reservation Rules. Vacatia Points have a finite term, and may only be used if your Membership is not Pending or Invalid. We reserve the right, in our sole discretion, to cancel without refund any VacatiaPLUS Experience in the event that your Membership becomes Pending or Invalid, whether caused by the expiration or non-renewal or your Membership, the termination or suspension of your Membership, your becoming delinquent in the payment of any obligation under the VacatiaPLUS Documents, or your breach of any obligation under the VacatiaPLUS Documents. We also reserve the right to cancel at any time any reserved VacatiaPLUS Experience in the event that the subject VacatiaPLUS Property or VacatiaPLUS Experience is removed from available VacatiaPLUS Properties, or otherwise deemed unavailable by us in our sole discretion and, in such event, you will have the choice to be moved to a comparable accommodation or receive a refund (subject to adjustment for any VacatiaPLUS Experience you have already enjoyed) back to the original form of payment; provided that in no event will we be responsible for any consequential, indirect or incidental Member costs (such as travel costs) related to such cancelation. Refunds will be issued as Vacatia Points for VacatiaPLUS Experiences reserved originally with Vacatia Points. All rights and privileges of Members are subordinate to the claims or liens of any debt, deed of trust, deed to secure debts, mortgage, lease or similar instrument, or other encumbrances encumbering any VacatiaPLUS Properties now or hereafter existing.

15.Interval International. VacatiaPLUS Premium Members have the option to enroll in the exchange program (Exchange Program) offered by Interval International, a third-party exchange company (Exchange Provider). Participation in the Exchange Program (and any other programs and benefits offered by an Exchange Provider) is governed by a separate agreement between you and the Exchange Provider (and not these Terms). These VacatiaPLUS Terms and Conditions are only applicable for VacatiaPLUS Experiences at VacatiaPLUS Properties, and are not applicable for travel experiences or services offered by the Exchange Provider. For clarity, a VacatiaPLUS Premium Member in Pending or Invalid status, or whose Membership is On Hold (as described below), cannot participate in the Exchange Program. VacatiaPLUS Standard Members have the option to enroll with the Exchange Provider to receive discounted rental rates and other benefits.

16. Breach of Terms; Termination of Membership . Your Membership may be suspended or terminated by us if you breach any provision of these Terms or any other VacatiaPLUS Document, including breach of the Member conduct provisions of your Reservation Rules. Neither termination nor suspension, whether caused by breach, your election not to renew your Membership, or otherwise, relieves you of any outstanding obligations relating to your Membership including but not limited to full payment of your VacatiaPLUS Annual Membership Fee and Point Package Fee. In the event your Membership is suspended or terminated, all existing reservations for VacatiaPLUS Experiences will be canceled and all monies you previously paid, including Personal Charges and other amounts paid in furtherance of any canceled reservation, will be retained by us as liquidated damages for our administrative expenses, and not as a penalty. You agree that this is a reasonable estimate of our damages. You may terminate your Membership at any time upon thirty (30) days written notice to us via email to vacatiaplus@vacatia.com.

Resort Closures and Personal Events. Upon an Extended Resort Closure Event or Qualifying Personal Event (as defined below) prior to the start date of any VacatiaPLUS Experience, you can choose to place your Membership status on hold (On Hold, defined below). On Hold status allows Members to pause their Membership Term and resume their Membership Term up to twelve (12) months later (the Resumed Membership Term). Remaining Vacatia Points for the current Membership Term will automatically transfer to the Resumed Membership Term. If you choose to place your Membership On Hold, no VacatiaPLUS Experience reservations can be made during the current Membership Term. Pay Over Time payments will be paused until the start of the Resumed Membership Term. For the avoidance of doubt, Members can choose to place their Membership On Hold only upon an Extended Resort Closure Event or a Qualifying Personal Event affecting their VacatiaPLUS Experience reservation.

Extended Resort Closure Event is defined as when a VacatiaPLUS Property you wish to book is closed for more than fourteen (14) consecutive days, including during your desired reservation dates, due to one or more of the following reasons: (i) The occurrence of a disease, epidemic, or pandemic, including the ongoing COVID-19 pandemic; (ii) The occurrence of a flood, hurricane, tornado, earthquake, fire, or volcanic eruption (each a Natural Disaster); (iii) Planned or unplanned property repair requiring entire building closure, (iv) The occurrence of a terrorist attack; or (v) The occurrence of a hostile or war-like action.

Qualifying Personal Event is one or more of the following: (i) Stay-at Home Order. You are unable to use your reservation because local or national government in which your Permanent Residence is located has imposed a “quarantine” or “stay-at-home” order during your stay dates; (ii) Visa Rejection. You are unable to obtain a visa required for travel to the VacatiaPLUS Property at the time of, and where you have your reservation; (iii) Military Service. You or your spouse (or legally equivalent domestic partner) are called to military service which conflicts with your reservation; or (iv) Personal Illness. A licensed doctor practicing in the field of medical, surgical or dental services who is acting within the scope of their license and who is not you, a traveling companion, a person related to you or a business partner, provides a written diagnosis that you are not able to travel for more than thirty (30) days in the next six

(6) months due to a medical illness.

The On Hold benefits described above are available to you as part of your VacatiaPLUS Membership. These benefits do not apply to your Membership in the Exchange Program (please review your agreement with the Exchange Provider as that agreement, and not these Terms, govern your Membership in the Exchange Program).

17.Member Guests. Your Membership is personal to you and may not be transferred to any third person. Use of VacatiaPLUS Experiences by your guests is governed by our Reservation Rules, which permit Members to make a reservation for the Member or a Member’s guest. Upon death of a Member, the Membership may be transferred to a natural person (Successor) in accordance with the applicable laws of succession, provided that such Successor must agree, in writing, to accept the transfer of such Membership and agree to such documents as required by us to evidence the Successor’s agreement to be bound by the VacatiaPLUS Documents. If a person to whom a deceased Member’s Membership is to be transferred in accordance with the applicable laws of succession does not desire such Membership, such Membership will be terminated. All Memberships transferred in accordance with this Section are and shall remain subject to all fees, as applicable, related thereto and other amounts payable in connection therewith.

18.Consecutive Stay and Concurrent Active Memberships. A Member (or Guest) cannot stay as a guest in the same VacatiaPLUS Property for more than thirty (30) consecutive days, whether such stay occurs through one or multiple VacatiaPLUS Experiences, or through one or multiple Membership accounts including those where the Member was registered as a guest. A Member cannot enroll for more than twelve (12) separate active Membership accounts concurrently without a written exception from the Company.

19.Electronic Signature Consent and Communications. (a) General. The Company may, in its sole discretion except as provided in this Section, provide all agreements, disclosures and other communications (collectively, Communications) to you by electronic means. These Communications may include a copy of these Terms, Reservation Rules, other VacatiaPLUS Documents, confirmations of VacatiaPLUS Experience reservations, member marketing communications, House Rules, changes in terms or fees notices, privacy notices, and all other materials that we choose or are required to provide to you. However, if an applicable law or regulation requires that the particular Communication be provided to you in paper form, we will provide it to you electronically only after you have consented to electronic delivery of disclosures. In addition, even if you have consented to electronic delivery of disclosures, we may still provide any Communication to you in writing as we may choose in our discretion. (b) Delivery of Electronic Communications. When we do provide Communications to you electronically, those Communications may be delivered to your email address or we may post such Communications on our Website. If we post Communications on our Website, we may send a message to your email address alerting you to the posting. We reserve the right to send any or all records to you in paper form to your current postal mailing address on file. Electronic Communications shall have the same effect as if sent to you in paper form. (c) Paper Copies. You have a right to receive a paper copy of your enrollment via the Enrollment Site and these Terms and any other Communications if applicable law specifically requires us to provide such documentation. To request a paper copy, you must submit a tangible, non-electronic request to us at 1 Belvedere Drive, Suite 200, Mill Valley CA 94941, with the details of your request. Paper copies will be provided to you at no charge postmarked within thirty (30) days of receipt of the written request. (d) Your Email Address. You agree to maintain the email address provided with your Membership enrollment as a valid, active email address or that if you are unable to do so, you agree to provide us with a new email address by updating your account on our Website. If you fail to maintain a valid email address or timely notify us of your new email address, then any notice we send to your old email address shall be deemed sufficient notice. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any email or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any email or other electronic communication. We may respond to an email communication provided by you to either the address provided with the communication or your email address. Any email returned to us undelivered may be re-sent to you at any other email address that we have in your file, unless you have previously informed us through electronic or written notice that an email address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of emails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.

20.Assignment. Your Membership is personal to you and not assignable or transferable in whole or in part, nor shall it be pledged or encumbered, without our prior written consent.

21.Amendments. We have the right to amend these Terms and any other VacatiaPLUS Documents at any time, and such amendments will be effective when they are posted on our Website and we have delivered notification thereof to your email address or Member online account, upon the renewal of your Membership, or upon your reservation of any VacatiaPLUS Experience, whichever occurs first, unless you notify us in writing of your refusal to accept such amendments, in which case, we reserve the right to suspend or terminate Your Membership. These Terms will be effective beginning on your Membership commencement date and will continue to be effective, as amended from time to time, until your Membership is terminated or expires, or an amendment to these Terms becomes effective, from which point the amended Terms shall control. The provisions of these Terms shall survive termination of your Membership.

22.Entire Agreement. The Enrollment Site, these Terms, Reservation Rules and the other VacatiaPLUS Documents constitute the entire agreement between us and you pertaining to the subject matter hereof. 23.Assumption of Risk. By agreeing to these Terms, you agree to assume all risks associated with your use and enjoyment of VacatiaPLUS Experiences. Further, your agreement is undertaken with full knowledge that your use and enjoyment of VacatiaPLUS Experiences, as with any travel experience, can be hazardous and presents a risk of possible injury and/or death. You accept any and all risk of injury or death sustained by you or any Guest while in occupancy or using any VacatiaPLUS Experience or otherwise directly or indirectly related to your Membership.

24.Limitation of Liability. In no event will the Company, or each of its affiliated companies and subsidiaries, and all of their respective members, managers, officers, directors, employees, agents or third party service providers, property owners, insurance companies, successors in interest, commercial and corporate sponsors, representatives, and assignees (each hereinafter a Released Party) be liable for, and you hereby release the same from and waive all claims whatsoever for: (i) any consequential, indirect, incidental, special, or punitive damages, under any legal theory including, but not limited to, breach of contract or negligence (including, for example, consequential damages relating to the cancelation of any VacatiaPLUS Experiences by us); (ii) any personal or bodily injury, damage, accident, loss or theft of personal property that occurs in connection with your use and occupancy of VacatiaPLUS Experiences, unless it results from the gross negligence or willful misconduct of a Released Party; and (iii) any damages, losses, penalties, expenses or costs resulting from any act or omission of any other individual or entity providing products and/or services in connection with VacatiaPLUS Experiences; and any liability of such persons in connection with any claim or action arising out of or in connection with your Membership and/or VacatiaPLUS Experiences shall be limited to reimbursement of amounts which you have paid to us hereunder.

25.Indemnification and Release. In consideration of your Membership and allowing you to use and enjoy the VacatiaPLUS Properties, you agree to hold harmless, release, defend and indemnify each Released Party from any and all loss, cost, damage, liability (including reasonable attorney's fees) and/or claims (collectively, Claims) asserted, threatened, arising from, related to, or in connection with (i) any injury or death to persons or damage to property arising from your use and enjoyment of VacatiaPLUS Experiences or otherwise directly or indirectly related to your Membership; (ii) the above described risks to you or any other Guest; (iii) your or any Guest’s breach of the VacatiaPLUS Documents; (iv) any fraud committed by you or any Guest; (v) any damage to a VacatiaPLUS Property or other properties of ours or our third party service providers and affiliates caused by you or any Guest; (vi) any violation of laws or rights of a third party by you or any Guest; (vii) the unauthorized use of your Member account by any third party; and (viii) any act or omission of a Released Party, in each case unless the same results from the gross negligence or willful misconduct of a Released Party. You also agree to take full responsibility for any injury or loss, including death, to you or any Guests which you or any Guests may suffer, arising in whole or in part out of your use and enjoyment of VacatiaPLUS Experiences and your Membership, including those injuries and damages caused by any Released Party’s alleged or actual negligence or breach of any express or implied warranty. By agreeing to these Terms, you agree not to sue a Released Party and agree you are releasing any right to make a claim or file a lawsuit against any Released Party with respect to any waived or indemnified claims arising as a result of risks described in this Section. You acknowledge that you are also agreeing to this release on behalf of your minor child(ren) (to the extent the same are Guests) as a parent or legal guardian, and that you are waiving certain rights on behalf of your minor child(ren) that the minor child(ren) otherwise may have and that the minor child(ren) shall be bound by all the terms of this release and these Terms. Further, you agree that any and all claims for property damage, injury and/or death regarding an alleged incident shall be governed by California law, without regard to its or any other jurisdiction’s conflict of laws principles and exclusive jurisdiction of any claim shall be in the state or federal courts located in San Francisco County, California. We reserve the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with us in such defense. Each time you renew your Membership at the end of any Membership Term or reserve any of our VacatiaPLUS Experiences, any and all legal claims against the Released Parties are and shall be waived and the Released Parties are and shall be released from any and all liability arising from your Membership with respect to a claim which may have occurred through the date of the renewal or reservation, as applicable.

26.Choice of Law; Arbitration. The Enrollment Site, these Terms, Reservation Rules and all other VacatiaPLUS Documents are entered into in and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to your Membership, Enrollment Site, these Terms, all VacatiaPLUS Documents or the Website will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (AAA) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost-effective resolution of disputes. The arbitration will take place in San Francisco County, California. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce the Enrollment Site, these Terms, Reservation Rules or any other VacatiaPLUS Document, the prevailing party will be entitled to costs and attorney’s fees.

27.Severability. In the event that any terms of the Enrollment Site, these Terms, the Reservation Rules or the other VacatiaPLUS Document are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so the Enrollment Site, these Terms, the Reservation Rules or other VacatiaPLUS Documents shall otherwise remain in full force and effect.

28.Operator. The operator of VacatiaPLUS is Vacatia Travel Services, Inc., a Delaware corporation. Vacatia Travel Services, Inc.’s address and email address are 1 Belvedere Drive, Suite 200, Mill Valley CA 94941 and vacatiaplus@vacatia.com. The Company’s current phone number is posted on the Website. Vacatia Travel Services, Inc. is registered with the State of Florida as a Seller of Travel Registration No. ST39647; Washington Seller of Travel Registration No. UBI 603-514-976; California Seller of Travel Registration No. CST 2119200-40 (registration as a seller of travel in California does not constitute approval by the State of California and Vacatia Travel Services, Inc. is a participant in the California Travel Consumer Restitution Fund). Pursuant to Haw. Rev. Stat. § 468L-1 et. seq., Vacatia Travel Services, Inc. maintains a Hawaii travel agency trust account named " Vacatia Travel Services Client Trust Account" at Bank of Hawaii, 111 South King Street, Honolulu, HI 96813. Vacatia Travel Services, Inc. authorized agents, representatives, vendors, successors or assigns may perform Vacatia Travel Services, Inc. obligations and exercise its rights hereunder.