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RENTAL AGREEMENT

This will serve as the direct rental agreement between the below-mentioned parties for a timeshare vacation rental in Las Vegas, Nevada.

• Renter: 

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• Owner: 

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Unit details

Resort Name: WorldMark Tropicana Avenue

Resort Address: 5275 West Tropicana Avenue

Resort Phone Number: 1 (702) 818- 1940

Resort Email: 

Building/Unit (if guaranteed):

View (if guaranteed):

Room: 1 Bedroom Condo Unit

Bathrooms: 1

Sleep/max occupancy: 4

Term

Check-in: Nov 13, 2023

Check-out: Nov 20, 2023

Payment

Rental price: $ USD

Includes all service fees

Resort Policies

• No pets

• No smoking

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TERMS AND CONDITIONS

This Rental Agreement ("Agreement") is between the above-identified Owner and the Renter for the rental of the unit described above ("Unit") for the term described above ("Rental Period"). Diamond Dreams Travel will serve as the processor and facilitator of the transaction between the two parties. Although Diamond Dreams Travel has verified the unit information listed above with the resort and will provide assistance with the transaction, the Owner is ultimately responsible for the accuracy of the posting, changing the guest name with the resort, and ensuring the resort provides the correct unit type.

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Renter Obligations

• Renter may use the Unit during the term without interference subject to the terms of this Agreement. If the Unit is uninhabitable or inaccessible on the day that the term starts, Renter shall notify Diamond Dreams Travel immediately. Any dispute regarding the unit or anticipated evacuation event will delay payment to the Owner, pending resolution by Diamond Dreams Travel, the sole arbiter.

• While Diamond Dreams Travel does its best to report on resort construction, repairs, closures, and other adverse conditions, Diamond Dreams Travel cannot warrant or guarantee that all such issues have been identified or disclosed. Any concerns Renter has about how their stay may be affected should be addressed with the Resort prior to booking. If Renter has specific needs or requests that will affect their travel (i.e., accessible unit/ground floor, pets, etc.), the Renter must verify these factors with the Owner/Diamond Dreams Travel prior to submitting Rent Payment to avoid cancellation penalties.

• Renter understands that Worldmark resorts have on-site property management, which maintains the Units and which may assign guests to a particular Unit upon check-in. Such management has the sole right to change the specific Unit provided to Renter, but the Unit Details listed above are confirmed with the resort and should not change with any Unit reassignment.

• Renter agrees to use the Unit in accordance with all resort rules and regulations, including occupancy restrictions, pet, and smoking policies, noise/nuisance, and check-in and check-out policies. Renter and guests are responsible for all personal property brought to the resort and will observe all rules and warnings provided at check-in and posted throughout the Unit and resort grounds, including pool and hot tub usage.

• Renter is responsible for payment of all costs for services and activities for which additional fees apply. Renter will be solely responsible for any other services provided to Renter or guests for which there is an additional charge and any other extra fees imposed by the resort for services or for the use of its facilities. Some resorts charge local lodging taxes or resort fees, which are the responsibility of the Renter. Where Diamond Dreams Travel is aware of such fees, the information will be included in the posting. However, Renter acknowledges that the Renter is solely responsible for determining taxes and fees charged to resort guests at check-in.

• Renter agrees to maintain the Unit in the same condition as it was at the start of the Rental Period. Renter will pay for all repairs, replacement, and damages resulting from the act of neglect of Renter and guests. If requested at the time of check-in, Renter will provide a credit card to the resort to secure payment for any such deposit, repairs, replacements, or damages.

• Renter may not sublease the Unit or assign this Agreement without explicit written consent from Diamond Dreams Travel and the Owner.

Rental Payment Terms

• Upon being notified of Renter's full Rental Payment due under this Agreement, Diamond Dreams Travel will begin a review of the transaction. Diamond Dreams Travel may, in its sole discretion, require additional documentation, proof of identity, a change to the Renter's payment method, or other such information deemed necessary to confirm the rental and protect all parties. Owner agrees to change the name on the reservation and forward a new confirmation. Both Renter and Owner agree to make a best-faith effort to comply with any such requests in a timely fashion. Upon completion of the Review Period, Diamond Dreams Travel will issue an email confirmation ("Confirmation") to both Owner and Renter, at which point this Agreement in its entirety becomes effective.

• If Diamond Dreams Travel does not issue a confirmation, Diamond Dreams Travel will refund the rent payment to the Renter, at which time Renter, Owner, and Diamond Dreams Travel are relieved of all further obligations under this Agreement.

• Once Diamond Dreams Travel issues a Confirmation, neither Owner nor Renter may cancel or modify this Agreement.

• Diamond Dreams Travel will collect the total Rent Payment from the Renter and will process the disbursement to the Owner after deducting all service fees, commissions, or other amounts due to Diamond Dreams Travel.

• Renter waives Renter's right to challenge any charges with their credit card company. If Renter submits any dispute, cancellation, or challenge through their bank, credit card company, or other financial institution, rather than following the dispute process as set forth in this Agreement, then Diamond Dreams Travel and/or Owner may (without any notice to Renter) pursue a claim against Renter for any and all damages incurred by Diamond Dreams Travel and/or Owner including, but not limited to, the cost of pursuing those damages (attorneys' and paralegal fees and costs), and any chargeback amounts, any fees, and interest at the highest rate permitted by law.

Cancellations

• Renter and Owner agree to the following Cancellation Policy once Diamond Dreams Travel issues the Confirmation: If Renter cancels at least 60 days prior to check-in, 50% of the total rental amount will be paid to the Owner as a cancellation penalty. No refund thereafter.​​

• Any challenges or withdrawal of the Rent Payment are strictly prohibited and will result in a cancellation of the reservation, and cancellation penalties and fees will apply. Diamond Dreams Travel will pursue collection of these funds through all available means, including collection agency and/or legal proceedings, and maintains the right to report the unpaid debt to credit agencies.

• If the Owner modifies the reservation after Confirmation or neglects the responsibilities required to maintain the reservation, resulting in the Unit being unavailable for the Renter during the Rental Period, the Owner shall be liable for any and all costs and damages incurred by the Renter and/or Diamond Dreams Travel for securing re-accommodation.

• ​All check-in and cancellation dates will use Pacific Time, regardless of the time zone of the Owner, Renter, or Resort.All cancellations must be completed through info@diamonddreamstravel.com Cancellations completed through any other channel will result in a 100% cancellation penalty.

​Force Majeure

• If the Unit is uninhabitable or inaccessible on the day the Rental Period commences by reason of flood, fire, storm, force majeure, or other natural disasters, and a satisfactory substitute is not made available, the total Rent Payment will be refunded to the Renter. If the Renter is required to evacuate the Unit at any point during the Rental Term, the Renter is entitled to a pro-rated refund for unused nights from the point of evacuation order through the remainder of the Rental Period. In such events, the Owner will have no further liability to the Renter. Renter's inability to complete their travel for any other reason beyond the Owner's control (including, but not limited to, illness, airline interruptions, job loss, government mandate, or restrictions) are the sole responsibility of the Renter, and the Cancellation Policy applies. Renter is encouraged to purchase trip interruption and cancellation insurance for such matters.

Disputes

• If the Renter does not receive the Unit as described in the Unit Details section, they should open a dispute directly with Diamond Dreams Travel at https://www.diamonddreamstravel.com

• If there is a material discrepancy between the Unit received and the Unit Details described in this Agreement, Diamond Dreams Travel will attempt to resolve the issue. However, the information provided on Renter's Reservation Confirmation is based on information obtained from the resort/hotel or other reliable resources. Diamond Dreams Travel makes reasonable efforts to ensure that information provided by Diamond Dreams Travel is accurate and complete as of the date such information is published; however, Diamond Dreams Travel expressly disclaims liability for inaccurate, incomplete, or misleading resort information. Renters and their guests should reach out to the Resort directly to verify the accuracy of information as needed. Diamond Dreams Travel reserves all rights to modify these Terms and Conditions at any time in its sole discretion.

Third-Party Fees

• Fees for any third-party services associated with this transaction, such as financing and travel insurance, are optional and subject to their own cancellation terms; Diamond Dreams Travel cancellation policies and dispute resolutions outlined above do not apply.

LIMITATION OF LIABILITY

• DIAMOND DREAMS TRAVEL SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, THEFT, DELAY, DEATH, OR INJURY TO ANY RENTER, RENTER'S GUESTS, OR ANY OTHER PERSON OR PROPERTY. FURTHER, DIAMOND DREAMS TRAVEL DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF ANY THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE RESORTS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURIES CAUSED BY ANY PERFORMANCE FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE, FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS OR ALTERATIONS, WHETHER THE DAMAGE RELATED TO BREACH OF CONTRACT, TORTIOUS ACTS, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. DIAMOND DREAMS TRAVEL LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF ANY INVOLVEMENT IN THE FACILITATION OF BOOKING A RESORT STAY (WHETHER ORAL OR WRITTEN) THROUGH DIAMOND DREAMS TRAVEL WILL BE LIMITED TO THE *FEES PAID BY RENTER TO DIAMOND DREAMS TRAVEL FOR THE RESORT RENTAL. IN NO EVENT WILL DIAMOND DREAMS TRAVEL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME.

Owner Responsibility

• Neither Diamond Dreams Travel nor Owner are responsible for any inconvenience, unavailability, or interruption of services due to repairs, improvements, on-site construction, amenity closures, reasonable resort substitutions (specific unit, bed types, etc.), or for any other reason beyond the Owner's control. Owner is responsible for providing Renter with reasonable notice of any such inconveniences of which Owner becomes aware.

CLASS ACTION WAIVER

• RENTER AGREES THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER RENTER NOR DIAMOND DREAMS TRAVEL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH RENTER OR DIAMOND DREAMS TRAVEL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. RENTER AND DIAMOND DREAMS TRAVEL FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF RENTER AND DIAMOND DREAMS TRAVEL AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

• IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

DISPUTE RESOLUTION POLICY

• Any and all disputes, claims, or controversies whatsoever, whether based on contract, tort, statutory, constitutional, or legal rights, arising from or relating to the sale, booking, processing, or payment of any programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among the Parties and Diamond Dreams Travel subsidiaries, officers, directors, employees, agents, business partners, third-party travel providers, vendors or any companies offering products or services through Diamond Dreams Travel which are beneficiaries to this arbitration agreement) shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Clark County, Nevada, U.S.A., to the exclusion of any other forum. Owner and Renter hereby consent to jurisdiction and waive any venue or other objection to the arbitration proceeding taking place in Clark County, Nevada. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules, and the fee schedule in effect at the time the proceeding is commenced. 

• The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA"), and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.  Either party may elect to participate in the arbitration telephonically.  The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

• Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Nevada without regard to its choice of law and conflict of law rules.

• The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person.  The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis. 

• The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs, and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Clark County, Nevada.

• Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.  Notwithstanding this Dispute Resolution Policy, Diamond Dreams Travel may, as necessary, apply to a court of competent jurisdiction in Clark County, Nevada, to seek injunctive relief relating to the unauthorized use of Diamond Dreams trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.

• Judgment upon the arbitral award or decision may be entered by the State or Federal Courts located in Clark County, Nevada, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.

DISCLAIMER OF WARRANTIES

• All of Diamond Dreams Travel's content, products, and services are provided on an "as is" basis. Diamond Dreams Travel makes no representations or warranties of any kind, express or implied, about the products and services Diamond Dreams Travel provides, the postings made available through Diamond Dreams Travel and the Diamond Dreams Travel website, and/or the accuracy of any of the information, content or materials made available.

• To the fullest extent permitted by law, Diamond Dreams Travel disclaims all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Diamond Dreams Travel does not warrant or make any representations that Diamond Dreams Travel postings or website will operate error-free or uninterrupted, that defects will be corrected, or that Diamond Dreams Travel's website and/or its servers will be free from viruses and/or other harmful components. In addition, Diamond Dreams Travel expressly reserves the right to correct any pricing errors on our website and/or bookings or reservations made under an incorrect price. In such an event, if available, Diamond Dreams Travel will offer Renter the opportunity to keep the reservation at the correct price, or Diamond Dreams Travel will cancel the reservation without penalty.

• Diamond Dreams Travel does not warrant or make any representations regarding the suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by Diamond Dreams Travel, including but not limited to information, content, products, services, text, graphics, or video content.

• Without limiting the foregoing, no representation, warranty, or guarantee is made:

  • a. Regarding the acceptance of any request;

  • b. That Renter will receive the lowest possible price for the products, services, and/or goods Diamond Dreams Travel advertises and/or the Renter purchases;

  • c. Regarding the availability of products, services, and goods advertised by Diamond Dreams Travel.

  • d. Regarding the results that may be obtained from using Diamond Dreams Travel products or services.

COVID-19 Notice

• An inherent risk of exposure to Covid-19 (“COVID”) exists in all places where people are present. COVID is extremely contagious and can lead to severe illness, disability, and/or death. According to the Centers for Disease Control and Prevention (“CDC”), individuals with underlying medical conditions and/or older adults are especially vulnerable. By visiting any destination or property or by traveling on any vehicle, airplane, or ship, you voluntarily assume all risks related to exposure to COVID and agree to adhere to health and safety protocols that may be required by law, the travel provider, property and resort manager, including, but not limited to, social distancing measures, face mask requirements, health screenings, proof of vaccination and COVID testing, which may change from time to time and for which you may incur additional fees. CDC publishes travel advice, warnings, and recommendations related to COVID, which should be reviewed before travel.

Governing Law and Venue

• These Terms and Conditions, the Rental Agreement, and this website shall be governed exclusively by the laws of the State of Nevada. Any action at law or in equity by an Owner, Renter, or its guests to seek any remedy against Diamond Dreams Travel or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Clark County County, Nevada (USA). In the event an Owner, Renter, or its guests initiate an action at law or in equity and Diamond Dreams Travel prevails, the complainant agrees to pay all costs incurred by Diamond Dreams Travel in defending such action, including but not limited to reasonable attorney’s fees, paralegal fees, and court costs.

Fulfillment Provider

• Purchases, benefits, and transactions on this website are fulfilled by Diamond Dreams Travel, located in North Las Vegas, Nevada. Diamond Dreams Travel is a registered seller of travel in the following state: Nevada UBI 602 175 330 0.

Entire Agreement

• This Document contains the entire agreement between the parties, and any changes, amendments, or modifications hereof shall be void unless the same is in writing and signed by the parties hereto. Renter(s) acknowledges receipt of a true copy of this fully executed Agreement. Any detail of the posting not contained in this Agreement will not constitute a reason for a dispute. In no event shall Diamond Dreams Travel be liable for any consequential, indirect, or special damages arising from this Agreement.