TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS.
Welcome to the Experiences By Welk website. By using this website you agree to be bound by these terms ("Conditions of Use"). Welk Resort Group, Inc. (“Welk”) reserves the right to change these
Conditions of Use at any time. It is your responsibility to review the Conditions of Use for updates or changes. You should not access or make purchases on this website if you do not agree with theConditions of Use.
1. User’s Acknowledgements
As a condition of your use of this website, you warrant that:
(a) You are at least eighteen (18) years of age and possess the legal authority to create a binding legal obligation.
(b) You are current on all monthly payments and association dues pertaining to any Welk timeshare you may own (failure to remain current may result in suspension or termination of your access to this website).
(c) You will only use this website to make purchases and reservations for you or for another person for whom you are legally authorized to act.
(d) You will inform such other persons about the Conditions of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.
(e) You agree to safeguard your log-in information and will be completely responsible for any use of your account by you and anyone other than you, with or without your knowledge.
(f) You will not use this website to interfere with the security of this website, or any services, system resources, accounts, servers or networks connected to or accessible through this website, or to transmit any viruses or other harmful, disruptive or destructive files.
(g) You agree to abide by the terms and conditions of any provider of the travel products, benefits, and/or services that you purchase on this website.
2.The Experiences Premium Program
All Welk Platinum and Auditions Points purchasers shall receive a one year membership in the Experiences Premium program (a twelve month membership commencing approximately two weeks after your last Platinum and/or Auditions Points purchase). This membership will allow you to receive discounted rates on this website. Should you choose to continue your Experiences Premium membership after your first year has ended, you may do so by paying the annual renewal fee (currently $199). Annual renewal fees are subject to change and may increase over time.
The Experiences Premium membership is not necessary for the use and enjoyment of your time-share purchase, but Welk is providing it to you as an additional, incidental benefit. Your membership in the Experiences Premium program is completely voluntary, and no payment of fees or costs associated with your Experiences Premium membership is required from Purchasers that choose not to continue their Experiences Premium membership. No fees or costs are associated your Experiences Premium membership except the annual renewal fee and the rates you pay for travel benefits you purchase on the Experiences By Welk website (e.g., airfare, hotel stays, cruises, and rental cars). Further, no costs associated with the Experiences Premium program or the Experiences By Welk website are passed on to Welk timeshare owners as a common expense in their timeshare plan (i.e., no portion of VOA Dues are used for this program).
3. Welk Resort Credits
Welk may provide credits to you in connection with its marketing and sales of vacation ownership products, and in connection with your use of this website. These credits may be applied toward your purchases of travel products, benefits, and services on this website. The quantity and manner of distribution of these credits, and the value of such credits, shall be determined by Welk in its sole and absolute discretion. Credits are non-transferable and currently expire after thirty (30) months. The expiration period is subject to change at any time.
4. Price Matching
Price matching of up to 110% is available to match prices available through online travel agencies on certain items. Price matching applies only with respect to prices available through retail online travel agencies (e.g., no price matching is available for bulk buyer, travel club, or discount buyer organization prices) for identical items and identical circumstances. Price matching is NOT available for airline tickets. For hotels, the price match is determined by the base cost for the same dates, hotel, room type, and view. Unless included in the reservation made on this website, packaged items or add-ons such as on-site or on-board credits, coupons and discounts, government taxes and surcharges, recovery charges, insurance fees, resort fees, fuel charges, activities or similar are excluded in rate comparisons. All price matching requests are subject to verification.
5. Accessibility
Accessible accommodations are available for reservations on this website. To make requests for specific accessibility needs, please make your request in the “Special Requests/Comments” box upon Checkout.
6. No Warranties
PURCHASES OF TRAVEL PRODUCTS, BENEFITS, AND SERVICES ON THIS WEBSITE MAY BE FULFILLED BY THIRD PARTIES. WELK HAS NO OBLIGATION AND MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO SUCH FULFILLMENT, THIS WEBSITE, THE EXPERIENCES PREMIUM PROGRAM, OR THE PRODUCTS, BENEFITS,AND SERVICES THEMSELVES, INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WELK EXPRESSLY DISCLAIMS AND YOU IRREVOCABLY WAIVE, EACH OF THE FOREGOING WARRANTIES.
ALL PRODUCTS, BENEFITS, AND SERVICES OFFERED ON THIS WEBSITE ARE SUBJECT TO AVAILABILITY, AS WELL AS ANY TERMS, CONDITIONS, DISCLAIMERS, OR RESTRICTIONS IMPOSED BY THE PRODUCTS, BENEFITS, AND SERVICES, OR AS DISCLOSED BY WELK. PURCHASERS ARE RESPONSIBLE TO CONFIRM THEIR RESERVATIONS WITH PROVIDERS IN ADVANCE OF THEIR STAY/USE AND TO FAMILIARIZE THEMSELEVES WITH ALL TERMS, CONDITIONS, DICLAIMERS, OR RESTRICTIONS IMPOSED BY SUCH PROVIDERS.
7. Dispute Resolution
Resolving customer concerns where reasonably possible to do so is important to us. If your concern has not been resolved, you may contact our customer service center at (760) 650-4358. If we cannot agree, then any dispute must be resolved as set forth below:
(a) Any dispute, claim, suit, demand or controversy arising out of or relating to the use of your Welk timeshare product (e.g., Auditions or Platinum Points), or these Conditions of Use, including without limitation the breach, termination, enforcement, interpretation, or validity thereof, and/or the scope or applicability of this arbitration agreement, (“Dispute”), shall be determined exclusively and finally by arbitration. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as an award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both Parties, and renders an award enforceable in court. Decisions by an arbitrator are as enforceable as any court order and are subject to very limited review by a court. By agreeing to mandatory and binding arbitration, you are agreeing to waive the right to go to court to enforce or defend your rights, and to waive your rights to a jury trial and to litigate claims on a class-wide or class-action basis. The parties’ rights will be determined by a neutral arbitrator. If any part of this Section 7 other than the class action waiver in this paragraph is declared unenforceable, the remainder shall be enforceable. If the class action waiver is declared unenforceable in a proceeding between you and Welk, without impairing the right to appeal such decision, this entire Section 7 (except for this sentence) shall be null and void in such proceeding. It is intended that this agreement to arbitrate be broad and comprehensive and includes, without limitation, any Dispute arising out of or related to you use of this website, Experiences By Welk, the purchase and/or use of Auditions or Platinum Points, your participation in any activities/events sponsored, organized, or made available by Welk or its affiliates, and your use of the products, benefits, and/or services purchased on this website.
(b) The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”). The arbitration shall be held in San Diego County unless another location has been agreed to by the parties in writing. The parties can appear at the arbitration in person, via telephone, or via video conference (if available). Either party may submit its position for decision on the papers (solely by written presentation) in a format that is fair to both parties and acceptable to the Arbitrator. If you initiate the arbitration, Welk will pay all administrative and arbitrator fees that exceed the amount of the filing fees that you would have to pay if you had brought a lawsuit in state court (in San Diego County). The arbitration shall be held before a single arbitrator and shall be conducted pursuant to this Agreement, the Federal Arbitration Act (9 U.S.C. § 1 et. Seq.) and JAMS Streamlined Rules and Procedures. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision which will be final and binding except for any review under the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to constitutional limits that would apply in court). The arbitrator shall resolve the Dispute as quickly as possible, within one hundred eighty (180) calendar days from the commencement date where reasonably possible. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitrator shall be entitled to award any damages provided for under applicable law.
(c) The arbitrator shall have sole authority to determine the scope of the arbitration provision in this paragraph. In the event that a Dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration. Should either party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this arbitration provision.
(d) The arbitration award shall be final and binding on the parties, and if the arbitrator’s award is equal to or less than Five Thousand Dollars ($5,000.00) there shall be no right of appeal. Judgment on the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. In the event of a conflict between the applicable arbitration rules and these Conditions of Use, then these Conditions of Use shall govern. The parties retain the right to commence an action in a small claims court that is within the scope of the California small claims court’s jurisdiction unless: (i) that small claims action is transferred, removed or appealed to a different court; (ii) the Dispute is already in a pending arbitration proceeding; or (iii) the Dispute has already been resolved in arbitration.
(e) Purchaser may reject this arbitration provision by sending a written notice which gives your name, address, and Auditions or Platinum contract number (if any), and states that you reject this arbitration provision. The rejection notice must be sent by certified mail, return receipt requested, to WELK RESORT GROUP, INC. 300 RANCHEROS DRIVE STE. 100, SAN MARCOS, CA, 92069 ATTN: ARBITRATION OPT-OUT. Your rejection notice must be signed and received by us within thirty (30) days after your acknowledgment of these Conditions of Use. Rejection of arbitration will not affect any other term of these Conditions of Use.
(f) Further information about arbitration may be obtained from JAMS online at www.jamsadr.org, by calling (619) 236-1848 or writing to JAMS, 401 B Street, Suite 2100, San Diego CA 92101.
8. Governing Law
Except as otherwise prescribed herein, these Conditions of Use shall in all respects be construed, interpreted and enforced in accordance with the laws of the State of California, without regard to its conflicts or choice of laws principles. The parties agree that this Agreement evidences a transaction involving interstate commerce so as to ensure the applicability of the FAA. In the event of a conflict between California law and the FAA, the FAA shall govern. The parties unequivocally agree that all Disputes (defined above) between the parties shall be brought exclusively within the County of San Diego, State of California.
9. Indemnification
You agree to indemnify, defend, and hold harmless Welk, its parent, subsidiaries, and affiliates, and their respective owners, shareholders, officers, directors, employees, representatives, and agents (the “Indemnified Parties”) from and against any claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees) arising out of or relating to (i) your conduct, and/or that of your guests, (ii) your use of this website, (iii) your breach of these Conditions of Use, and/or (iv) your violation of any law or the rights of a third party.
10. Limit of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES (DEFINED ABOVE) BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THIS WEBSITE AND YOUR EXPERIENCES PREMIUM ACCOUNT. WELK’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO EXPERIENCES BY WELK AND YOUR EXPERIENCES PREMIUM ACCOUNT SHALL BE THE LESSER OF ANY RENEWAL FEE THAT YOU HAVE PAID FOR YOUR EXPERIENCES PREMIUM ACCOUNT OR THE TOTAL AMOUNT OF THE DISCOUNT YOU SHOULD HAVE RECEIVED ON THE PURCHASE(S) AT ISSUE THAT YOU MADE ON THIS WEBSITE.
11. Merger and Severability
These Conditions of Use supersede all prior agreements between the parties, whether verbal or written, with respect to the subject matter contained herein and constitute a complete and exclusive statement of the agreement between Welk and you with respect to their subject matter. The invalidity or unenforceability of any provisions of these Conditions of Use shall not affect the validity or enforceability of any other provision of these Conditions of Use, which shall remain in full force and effect.
12. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy for information about how Welk uses and collects information. By using our Site, you consent to the use of your personal information as described in the Privacy Policy, which is hereby incorporated into these Conditions of Use by reference.
13. Electronic Communication
You authorize Welk and all of its parent, subsidiary and affiliate companies, as well as any successors, assigns, agents or other representatives, to contact you using all available channels of communication, including by email to the email address provided, or to any of your future email addresses, and/or by using any form of automated technology to call, send text messages, or deliver communications using an artificial or prerecorded voice, to any of your telephone number(s), including your wireless number(s), or any of your future telephone and/or wireless numbers. You understand that message and data charges may apply. You understand that this consent is not required to make purchases. You understand that any of your telephone calls with the entities referred to in this paragraph may be monitored and/or recorded. To terminate your consent to any of the forms of communication listed above, please contact Owner Services at (855) 455-WELK or via email at OwnerServices@welkgroup.com.
