SFX Terms & Conditions
1. Reservation Program. The San Francisco Exchange Company (“SFX”) essentially acts as an independent reciprocal reservation system for accommodation occupancy at various locations. An accommodation unit can include, but is not limited to, a hotel unit, a studio or a one or two bedroom-town home, or a home (“Resort Unit”). SFX members deposit days and/or weeks at such Resort Unit(s) (“Member Deposit(s)”). In exchange, SFX members receive the same number of days and/or weeks as their Member Deposit(s) at Resort Unit(s) of other members. This program is known as the SFX Exchange/Reservation Program (“SFX Program”).
2. Application and Acceptance of Membership. To apply for membership in the SFX Program, a (a) completed and signed Membership Application (on the reverse side), along with these Terms and Conditions (collectively “Application”), and (b) the applicable membership fee (shown on the reserve side) (“Membership Fee”), must be submitted to SFX. SFX reserves the right, in its sole discretion, to reject any prospective member (“Applicant”) for any reason, or for no reason. Upon SFX advising an Applicant in writing that they have been accepted as a subscribing member of SFX (“Member”), the Applicant becomes a Member and the Application constitutes a legally binding contract between SFX and the Member (“Contract”). Notwithstanding the terms of this Application and the Contract into which SFX and Member will be deemed to have entered, SFX reserves the right to modify any of the terms, conditions and benefits set forth therein or otherwise afforded to Member at any time without prior notice.
3. Participation in Exchange/Reservations. A Member's participation in the Program commences upon acceptance by SFX of such Member.
a. Exchange/Reservation Request by Member. Member(s) may request an exchange/reservation at various destinations from fourteen (14) days to two (2) years in advance. SFX will use its best efforts to fulfill Member’s exchange/reservation request; however, it is understood by Member that SFX cannot guarantee fulfillment of any specific request (locations and/or dates, etc.), as all requests are subject to availability. Further, Member understands that the size, design, furnishings, and amenities, among other things, of the Resort Unit(s) into which Member may be confirmed, may differ from the accommodations of Member’s own Resort Unit(s). Member hereby accepts all such disparities and differences.
b. Deposit of Ownership Week. Member(s) may deposit their Ownership Week into their SFX account to exchange for a future week of vacation at another property offered by SFX. By so depositing their Ownership Week, the Member relinquishes all rights to use that week to SFX. Only the Ownership Week that is available for exchange may be deposited. By depositing the Ownership Week, the Member warrants to SFX that: (1) the Member has the legal right to use and assign the use of the deposited Ownership Week and all other resort amenities to which the Member has access; (2) the deposited Ownership Week has not been and will not be assigned, offered or made available by the Member to any third party; and, (3) the physical accommodations are in good and usable condition. An Ownership Week may be deposited by mail, facsimile, telephone, or through SFX’s website at www.sfxresorts.com. Members who wish to deposit a Floating Ownership Week will be required to obtain unit and week assignments from their Home Resorts or Home Group before their Ownership Week can be deposited. In some instances, Members may be required to contact their Home Resort or Home Group and ask the Home Resort or Home Group to make a Deposit on the Member’s behalf.
Member agrees and acknowledges that any deposited Ownership Weeks may be used by SFX for any commercial purpose, including but not limited to, Exchange Requests by Members, Bonus Weeks to Members and non-members, promotions, and marketing.
All Ownership Weeks must be deposited in a full 8-day/7-night increment. Anything less will not be accepted. For a deposit to be accepted and placed in a Member’s account for exchange, Members may deposit their Ownership Week with SFX during the time-period from twenty-four (24) months to ninety (90) days before the check-in date of the Ownership Week to be deposited. An Ownership Week that has a check-in date within 90 days are subject to review prior to acceptance.
Some Home Resort(s) or Home Group(s) will not verify Member’s Ownership Week directly with SFX. In order to deposit an Ownership Week, Member will be required to submit an SFX guest name to their Home Resort or Home Group’s reservation department at such time SFX books the deposited week and notifies the depositing member with guest name. Failure to provide the Guest Confirmation will result in forfeiture of your Ownership Week and Member will be responsible for providing a minimum payment of $1,000.00 to SFX or the actual cost of alternative accommodations, whichever is greater.
c. Member Re-confirmation of Exchange/Reservation. Member is responsible for reconfirming Member’s exchange/reservation directly with the operator of the confirmed Resort Unit at least 48 hours in advance of Member’s and/or Member’s guest’s (“Member’s Guests”) arrival date.
d. Non-Exchange/Reservation-Related Programs. From time to time, SFX may, in its sole discretion, offer other non-exchange/reservation-related programs to members and non-members, and/or permit third parties to offer such, collectively “Booked Guests”. These other programs may, in SFX’s sole discretion, be subject to terms and conditions, additional to, or apart from, those contained in this Application, which other terms and conditions may be changed without prior notice to Members. Members and Booked Guests hereby agree to be bound such terms and conditions of all such other offerings. SFX accepts no responsibility for the acts and/or omissions of any third parties providing such offerings, either directly or indirectly through SFX, to Members and Booked Guests.
e. Cancellation of Exchange/Reservation By SFX. SFX may, in its sole discretion, cancel a Resort Unit confirmation if (i) a Resort Unit confirmed to a Member and/ or Booked Guest(s) by SFX becomes unavailable due to natural disaster, act of God, civil unrest, war, insurrection, over booking or any other reason beyond SFX’s control, and/or if (ii) a Member and/or Booked Guest(s) becomes “suspended” following confirmation, but prior to completion, of an exchange/reservation. In such instance, the Member and/or Member’s guest(s) (“Guest(s)”) and/ or Booked Guest(s) hereby waive(s), hold(s) SFX harmless for, and indemnify(ies) SFX against, any and all claims against SFX for damages and/or any and all losses, including but not limited to, special, incidental, consequential, general and/or punitive damages. In the event SFX, cancels a confirmation, there will be no refund of any transaction fees; however, SFX may, in its sole discretion, provide a credit to the Member for alternative accommodations, subject to availability.
f. Cancellation of Exchange/Reservation By Member and/or Guest(s) of Member and/ or Booked Guest(s). In the event Member and/or Guest(s) of Member and/ or Booked Guest(s) cancel(s) their booking, Member and/or Guest(s) of Member and/ or Booked Guest(s) agree there will be no refunds issued by SFX, as all transactions are final. If Member and/or Guest(s) of Member and/or Booked Guest(s) seek(s) to cancel a confirmed reservation (Exchange, or any other type of reservation, more than 120 days in advance of the arrival date, Member and/or Guest(s) of Member and/or Booked Guest(s) will be given a credit by SFX for an alternative reservation, provided Member and/or Guest(s) of Member and/or Booked Guest(s) pay another transaction fee for any subsequently confirmed reservation. Cancellation of a reservation 119 days or less prior to the arrival date, unless Travel or Reservation Protection was purchased for confirmed reservation, will result in a Member’s and/or Guest(s) of Member and/or Booked Guest(s) forfeiture of the time confirmed at the confirmed Resort Unit. If Travel or Reservation Protection was purchased for confirmed reservation, Member and/or Guests(s) of Member and/or Booked Guest(s) can cancel a confirmed reservation more than 31 days in advance of arrival date. Member and/or Booked Guest(s) will be given a credit by SFX for an alternative reservation, provided Member and/or Guest(s) of Member and/or Booked Guest(s) pay another transaction fee for any subsequently confirmed reservation. Cancellation of a reservation 29 days or less prior to arrival date will result in a Member’s and/or Guest(s) of Member and/or Booked Guest(s) forfeiture of the time confirmed at the confirmed Resort Unit. If Travel Protection was purchased for confirmed reservation Member and/or Guest(s) of Member and/or Booked Guest(s) can pursue reimbursement through Vacation Guard directly. They will, however, forfeit the time confirmed at the confirmed Resort Unit and the week that was used to confirm the reservation, as that is covered by the Vacation Protection claim.
4. Prohibitions. Among the other prohibitions set forth in this Application, and as otherwise may be adopted from time to time by SFX, in its sole discretion and without prior notice to Members, Members’ Guests, and Booked Guests, the following prohibitions shall apply:
a. Lack of Due Care.Members and their Guests and/or Booked Guest(s) at a Resort Unit are prohibited from conducting themselves or permitting the conduct of any other person in their party in any manner which is in any regard not responsible, careful, respectful or securing of a Resort Unit and/or its owner(s) and/or other Guests.
b. Pets. Under no circumstances shall any pets of Members, Members’ Guests Booked Guest(s) be permitted at Resort Unit(s).
c. Minors. Persons under 21 years of age are not entitled to the use of an SFX reservation or occupancy of a Resort Unit, unless accompanied by a person of at least 21 years of age.
d. Commercial Purpose SFX memberships, nor any of Member’s or Booked Guests’ reservations be used for any commercial purpose whatsoever, including but not limited to sale and/or rental income.
e. Occupancy Maximums. The total number of people occupying a Resort Unit must not exceed the maximum occupancy of the unit set forth in the reservation confirmation or guest certificate; otherwise, SFX, the Resort Unit and/or other appropriate party may refuse access and/or levy an additional charge. Member and/or Guest(s) and/or Booked Guest(s) agree(s) to pay for any such additionally levied charges.
f. Accrual of Exchange Time. Member will have up to two (2) years past the first day of occupancy deposited by Member relative to their Resort Unit, in which to exchange and receive time at another Member’s Resort Unit. Member agrees and understands that deposit credits for exchanges, that are not used within the two-year stated period, will expire.
g. Fees. All then-in-effect SFX fees for reservations, confirmations, exchanges, accommodation bookings, and all other SFX fees, shall be paid when due by Member. Additional Resort Fees including, but not limited to Luxury Resort fees will also be due at time of booking. Membership fees, where applicable must be current through all future requested and booked travel. Payment of all such fees are final, and no refunds, regardless of circumstances, shall be permitted, unless otherwise expressly stated in this Application.
h. Suspension of Exchange/Reservation Privileges and Membership. Should SFX deem, in its sole discretion, that (i) a Member’s Resort Unit is not high quality accommodations, and/or is not being well maintained, operated and managed, and/or (ii) a Member and/or their Guest(s) damaged and/or otherwise caused losses to a Resort Unit, and/or (iii) Member and/or their Guest(s) have violated the terms of this Contract with SFX, (iiii) and/or a Member or Guest uses abusive and disruptive behavior towards staff members; then SFX shall be entitled at any time to, in its sole discretion, suspend or terminate a Member’s Membership(s) and/or their Guest’s participation in SFX, without credit to the Suspended Member(s) and/or Guest(s) for any membership and/or transaction fee(s) paid.
5. Transfer of Certificates. A Member may transfer an exchange/reservation confirmation as a gift to anyone of Member’s choice, provided: (i) Member advises SFX of such transfer (including relevant name, address and telephone numbers) and pays the then-applicable fee(s); (ii) it is understood that SFX reserves the right, in its sole discretion, to disapprove of such transfer, but such approval shall not be unreasonably withheld and (iii) such transfer is not prohibited by the Resort Unit or its owners(s). Approval of such transfer, and the subsequent award of a new gift certificate in the name of the Member’s guest to whom the certificate was transferred (“Transferee”), shall be subject to use of the Resort Unit by only the named Guest stated on the certificate, and such certificates are not otherwise further transferable.
6. Members, Member’s Guests and Transferees, and/or Booked Guest(s) Liability. In addition to the liabilities provided for elsewhere in this Application, Members, Members’ Guests & Transferees, and/or Booked Guest(s), as applicable, expressly agree that they shall be liable, and bear all responsibility, for payment of any applicable taxes, personal expenses, utility charges, security deposits, damages, theft, losses and/or all other charges of any and all entities and other parties, incurred in connection with Member’s, Transferee’s and/or Booked Guest’s (-s’) travels to and from, and stays at, the confirmed Resort Unit. When a Member has transferred an exchange/reservation confirmation and such transfer is approved by SFX, then Member further agrees that Member and his/her Transferee shall be jointly and severely liable, and bear all responsibility, for payment of all the same aforementioned taxes, expenses, charges, deposits, damages, theft, losses and/or other charges. Further, Member agrees that they and/or their Transferees, or Booked Guest(s)shall be responsible and liable for any and all damages, losses and/or theft caused, directly or indirectly, during their occupancy of, or while they have been afforded access to, a Resort Unit.
Member or Booked Guest(s), as the case may be, expressly agree that Member shall be liable, and bear all responsibility, for payment of any and all costs and expenses incurred by SFX and/or another Member and/or their guest(s) if Member has deposited or transferred to any other entity Member's Resort Unit, or Member has taken any other action, which results in an over booking and/or otherwise interferes with another Member and/or their Guest's confirmed reservation at a Resort Unit.>
7. Limitation of Liability, Indemnification, and Defense.
a. The liability of SFX to Member and/or Member’s Guests and/or Booked Guest(s) for actual damages and/or any other losses of any nature which may arise, or are alleged to have arisen, out of a reservation arranged by SFX for a Member and/or any of Member’s Guests and/or Booked Guest(s) shall be limited to the single transaction fee paid for the relevant accommodation giving rise to the alleged damages or other losses. Member’s and/or Member’s Guest’s and/or Booked Guest(s) entitlement to such a refund of the relevant transaction fee shall be subject to Member and/or Member’s Guests and/or Booked Guest(s) providing SFX with written notice of Member’s and/or Member’s Guest’s damages and/or Booked Guest(s) and/or other losses within 30 (thirty) days of Member’s and/or Guests and/or Booked Guest(s) actual or previously confirmed return date (whether Member and/or Guests and/or Booked Guest(s) utilize(s) a Resort Unit or not), whichever date is sooner. In no event shall SFX be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages, or for the actions or omissions of any third parties, including third party providers of services. Any refund of the single transaction fee to a Member and/or Member’s Guest and/or Booked Guest(s) shall not be construed as an admission by SFX of any liability of any kind to the Member and/or Guest(s) and/or Booked Guest(s). Acceptance of the refunded transaction fee by the Member and/or Member’s Guest(s) and/or Booked Guest(s) shall constitute a full and complete accord and satisfaction, and release and hold harmless, in favor of SFX, of all claims, demands, causes of actions and lawsuits against SFX.
b. Further, Member, Member’s Guest(s) and/or Booked Guest(s) agrees that SFX shall have no liability whatsoever, and shall be held harmless, to Member and/or the other owners of Member’s own Resort Unit, for any damages and/or any other losses of any nature which arise out of an exchange/reservation arranged by SFX at Member’s own Resort Unit, including but not limited to, special, consequential, general or punitive damages. The sole recourse, if any, of Member and the other owners of Member’s Resort Unit, for any such damages and/or any losses shall be against parties other than SFX, including, but not limited to, as appropriate, another Member or that other Member’s Guest(s). To the extent that any portion of a Member’s same damages and/or other losses are due to the actions or conduct of another Member or that other Member’s Guest(s), or any other third-party related SFX benefits or offers, Member and/or Member’s Guest(s) hereby agrees to indemnify, hold harmless and defend SFX against any claims for such damages and/or any other losses, and Member and/or Member’s Guest(s) further agree(s)to be responsible for and pay to any other Member all such damages and/or other losses. In no event shall SFX be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages.
c. In addition, Member, Member’s Guest(s) agrees that SFX shall have no liability whatsoever, and shall be held harmless, to Member and/or Member’s Guests and/or Booked Guest(s) for any damages or other losses alleged to have arisen out of any third-party services purchased as part of Member’s Membership package purchase, whether purchased separately or bundled together with Member’s membership purchase. Unless otherwise required by applicable law, any dispute as to the validity and enforceability of this Section 8 shall be adjudicated in the jurisdiction of California.
d. Notice to SFX of Claims. Notwithstanding SFX’s limited liability as set forth herein, a condition of Member’s membership and/or Booked Guest(s) reservation, is that SFX receive written notice from Member and/or Booked Guest(s) of any and all claims within 30 days of the date such claims arise. The deadline for requesting and being entitled to a refund of a single transaction fee, however, is governed by the other provisions of this Application.
9. Attorneys' Fees and Costs. In any lawsuit, arbitration or other legal proceeding to enforce the terms of this Application and/or Contract created thereby, or otherwise recover damages and/or losses due SFX, SFX shall be entitled to recover against Member, Member’s Guest(s), Transferees, and/or Booked Guest(s) any and all damages and/or losses, including but not limited to, reasonable attorneys’ fees and other costs, whether incurred in connection with litigation or otherwise, provided SFX is the prevailing party in connection with any such matter. The “prevailing party” for purpose of the foregoing shall be either (i) SFX or (ii) Member/Transferee and/or their Guests and shall be such party receiving the more favorable determination as to their fault in the disputed matter/damages/claim. In any lawsuit, arbitration or other legal proceeding into which SFX is brought as a direct or indirect result of the acts and/or omissions of Member, Member’s Guest(s) or otherwise, Member and/or Member’s Guest(s) or other party shall indemnify and hold harmless SFX for any and all damages and/or losses, and defend SFX in connection with any such proceeding.
10. Binding Effect. Any and all references to “SFX” in this Application shall include SFX’s parent companies, affiliated companies, subsidiaries, shareholders, directors, agents and employees. References to “Member” and/or “Guest(s)” and/or “Transferee” and/or “Booked Guest(s)” in this Application shall include the respective SFX member, his/her guests, transferee, and/or assignees and/or all other related agents and parties.
11. Severability and Construction. If any one or more of the provisions herein is determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative. Moreover, this Application and resulting Contract shall be deemed to have been created by both SFX and the Member, Member’s Guest(s), Transferees, and/or Booked Guest(s).
12. Governing Law. This Application and resulting Contract shall be deemed made and entered into in the State of California and shall in all respects be interpreted, enforced and governed in accordance with the laws of the State of California. SFX and Member consent to personal jurisdiction before the courts of San Francisco County, California, and the United States District Court for the Northern District of California. Member waives any objection which it may now or hereafter have to exclusive venue in San Francisco County, California of any suit, action or proceeding arising out of or in any way relating to this agreement and the obligations created hereunder, and Member further waives any claim that San Francisco County, California is not a convenient forum for any such suit, action or proceeding.
13. Waiver. The failure of SFX to insist in any one or more respects upon strict performance of any terms and conditions of this Application and the Contract created thereby shall not be deemed a waiver or relinquishment of any right or of the future performance of any such term or condition, but the obligations of each party shall continue in full force and effect.
14. Headings. The paragraph headings in this Application and resulting Contract are for reference purposes only and shall not have any substantive effect.
15. Quality Control. In the interest of quality control, and otherwise, telephone conversations may be recorded from time to time, and Member hereby consents to such recording.
16. Confidentiality. Any and all communications, including email, SMS, written, oral or otherwise, between SFX and Member(s), Transferees, and/or Booked Guest(s) is privileged, and confidential information intended only for the use of the individual(s) or entity named on the communication. Dissemination of this information without the written consent of SFX is strictly prohibited and shall be deemed a breach of confidentiality and is subject to legal action. Member and/or Member’s Guest(s) and/or Transferees, or Booked Guest(s) give full consent to SFX supplying the resort where reservations are booked for with names, address and phone number of Member and/or Guest.
Text TRAVEL to 78298 to join SFX Preferred Resorts Promo Alerts. 5msgs/mo. Reply HELP for help; for additional help, contact email@example.com or call 800-739-9969; reply TRAVELSTOP to cancel. Msg&Data Rates May Apply.
Text JOIN to 78298 to join SFX Preferred Resorts Booking Confirmations and Transactions Alerts. 7msgs/mo. Reply HELP for help; for additional help, contact firstname.lastname@example.org or call 800-739-9969; reply JOINSTOP to cancel. Msg&Data Rates May Apply.
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18. SFX reserves the right to change or modify the Terms & Conditions at any time, without prior notification to Members and/or Guest and/or Booked Guest(s). Members and/or Guest and/or Booked Guest(s) agree to be bound by the then current Terms & Conditions of SFX.