1. This agreement is effective from the date the registration form is submitted and is between Aberfoyle Holidays Limited (The Company) and the Seller.
2. I understand that the net price I submit on the form is the amount I will receive and that Aberfoyle Holidays will add a minimum 20% profit margin onto the net price or their minimum profit margin of £400. Depending on the transfer fee applicable to each individual resorts some weeks may be advertised including this transfer fee.
3. Provided that Aberfoyle Holidays and the seller have expressly agreed the amount the Seller shall receive from the sale of the timeshare Aberfoyle Holidays are hereby authorised to act as the Sellers agent and enter onto any agreement that is necessary to complete the sale of the timeshare.
4. In the event of a sale the Seller acknowledges that once the net amount has been agreed and Aberfoyle Holidays has entered into a sales agreement on behalf of the Seller that sales agreement is legally binding upon the Seller who may not withdraw from its terms.
5. The Seller warrants that all and any outstanding management fees are or shall be fully paid before completion of the sale.
6. The Seller warrants that there are no outstanding liens encumbrances or outstanding debts upon the original purchase (including any linked finance agreements) of the Timeshare.
7. The Seller understands that any management fees which shall become due during the selling period are the sole responsibility of the Seller.
8. The transfer cost of the Ownership certificate(s) shall be borne by the Purchaser.
9. a. If the timeshare is sold to a third party, through any other agent/company or privately, or if the Seller decides not to sell, it is hereby agreed that Aberfoyle Holidays shall be notified in writing immediately, so that they may cease to promote the Timeshare and thereby incur no further marketing costs.
b. Notification should also be given to Aberfoyle Holidays of any offers from any other agent/companies in order that they may suspend promotion of the Timeshare until such time as the Seller is in possession of a Sales Contract or a sale has been completed.
c. If no such notification under paragraphs 9a or 9b is given, the Seller shall be obliged to pay Aberfoyle Holidays the sum of £100.00 towards wasted marketing and administration costs. Please note that this charge can easily be avoided by advising the Company of any prospective sale or offer.
10. The company undertakes to market the timeshare until the point of sale in respect of which no time is guaranteed.
11. The Company reserves the right to decline the registration of certain Timeshares at its discretion.
12. Should The Company discover any undisclosed debts, liens or encumbrances on the Timeshare, then all such items shall be cleared through Solicitors/Trustees without prior notification to the Seller and the Amount payable to the seller as agreed at the point of sale shall be reduced accordingly.
13. The Seller agrees that all the information detailed in the resale registration form is correct and has not knowingly made any statement or fact which is or can be found to be incorrect. The Seller also agrees that should the company sell their week(s) that they authorise the company to carry out any resort checks they deem necessary to complete the sale.
14. The agreement shall be governed by the Laws of Scotland.
15. The above Terms and Conditions may not be altered or amended in any way without prior written consent of the Company or its Trustees.
Terms and Conditions cont.
Rental Terms & Conditions
1. This agreement is effective from the date the rental registration form is submitted and is between Aberfoyle Holidays Limited (The Company) and the Owner.
2. I the Owner understand that the net price I submit on the form is the amount I will receive and that Aberfoyle Holidays will add a 20% profit margin onto the net price.
3. Aberfoyle Holidays reserves the right to decline the rental registration of certain Timeshares at its discretion.
4. I the Owner understand that I can place my week(s) for rental with other companies and do not have to place them exclusively with Aberfoyle Holidays.
5. The Owner also agrees that should the resort rent out their week(s) they will advise Aberfoyle Holidays as soon as possible to remove their registration.
6. The Owner agrees to inform Aberfoyle Holidays as soon as possible of any changes in circumstances, i.e. the owner, friends or family have decided to use their week, or the owner has deposited their week with an exchange company. Failure to inform Aberfoyle Holidays that the week being advertised is no longer available could result in a £100.00 administration fee.
7. The Owner agrees that payment in respect of a successful rental will be made after the commencement date of the rental period.
8. The Owner agrees that all the information detailed in the rental registration form is correct and has not knowingly made any statement or fact which is or can be found to be incorrect.