Terms and Conditions

The membership form and terms and conditions are considered your "Membership Documents", which govern your relationship with CLUB Gondola Club, Inc. ("CLUB Gondola”).

1. DUES AND PRIVATE MEMBERSHIP. You agree to pay the membership fee and annual dues reflected the Membership Form to become a member of CLUB Gondola. The term of your membership is twelve (12) months from the exact day of the calendar month in which you join CLUB Gondola. From time-to-time CLUB Gondola may choose to waive the membership fee as part of promotional opportunities.
   
   a. CLUB Gondola may change the fees for initiation, ongoing membership, and exchanges at any time.
   
   b. To remain an active member in the CLUB Gondola club, Members are required to feature their property once per quarter at a discount
       of at least 50% off the normal price. This discounted price will be featured in the CLUB Gondola "specials" section of the website and may        be featured on various advertising including exclusive email correspondence with member's. Member annual period is tracked based on the      start-date of their membership. If at least one featured discount is not supplied each quarter, the account will be placed in a suspended              mode. While in this status, no further trips may be booked at a discounted rate from other members.
2. ANNUAL DUES AND RENEWING MEMBERSHIP. If you pay amounts due to CLUB Gondola and you are in good standing with these Terms and Conditions, you may renew the term of your membership. In order to renew your membership each year, you must pay to CLUB Gondola the then-current annual fee. The annual fee may be adjusted by CLUB Gondola each year, but the annual adjustment will not exceed the greater of 10% of the annual fee for the prior membership year.  Unless you notify CLUB Gondola in writing at least thirty (30) days prior to the expiration of your then-current membership year, your membership will automatically renew for the following year and your annual fee will be charged to your credit card on file with CLUB Gondola. Your right to renew your membership will terminate if you are not in Good Standing or you fail to pay the annual fee for the next membership year by the end of your then-current membership year.
      
3. RESERVATIONS.
   1. As a member of CLUB Gondola, you will be permitted to reserve and use vacation residences, CLUB Adventures^TM other accommodations, services and experiences operated or made available to you by CLUB Gondola (the "Vacations”) in accordance with these Terms and Conditions. As long as you are in Good Standing, you may reserve and use as many Vacations as you desire during the term of your membership, subject to availability and timely payment of all applicable fees. CLUB Gondola does not guarantee that any particular Vacation destination or CLUB Adventure^TM will be available for any particular period, including periods for which you may want to travel.
   2. PROCESS. You can request reservations for Vacations or CLUB Adventures^TM on the CLUB Gondola website or directly with your dedicated vacation planner, subject to availability. No reservation is final until you have received a confirmation from CLUB Gondola and paid all applicable Vacation Costs (as described below). There is no limit on the number of reservations you may hold at any time.
   3. VACATION COSTS. The amount due for each reservation you make will include the base rate for your Vacation for the reserved nights, together with any fees, taxes and surcharges related to your Vacation (collectively, the "Vacation Costs”). Except as provided below with respect to fees and taxes, the Vacation Costs for your Vacations will be the ones in effect at the time you make your reservations. Base rates may vary based on property, demand, seasonality, number of nights reserved and other factors determined by CLUB Gondola.
   4. PAYMENT. For most Vacations, fifty percent (50%) of the total Vacation Costs for a reservation must be paid at the time the reservation is made. The balance of the total Vacation Costs for a reservation must be paid no later than sixty (60) days prior to the arrival date for the reservation. Different payment terms may be required for reservations for holiday or other periods. You agree that your credit card on file with CLUB Gondola will be charged the Vacation Costs for each reservation when due, less any available Travel Credits (see Section 6 below). If you fail to pay any Vacation Costs when due, the reservation will be canceled and the cancellation policies described in these Terms and Conditions will apply. You understand and agree that the fees and taxes component of the Vacation Costs is an estimate. If the actual fees and taxes for any reservation are different than the estimate, CLUB Gondola will charge or refund the difference to you, as applicable.
4. USE RULES.
   1. WHO CAN USE YOUR MEMBERSHIP BENEFITS. Your Spouse, and you and your Spouse’s parents and adult children (age 24 or older) may use Vacations unaccompanied by you under your membership. All charges and billing matters for any reservation made under your membership remain your responsibility and will be billed to your credit card on file with CLUB Gondola. Your "Spouse” is your husband, wife, domestic partner recognized by the jurisdiction where you reside or your life partner and with whom you would get legally married if the laws permitted.
   2. SIMULTANEOUS USE OF VACATIONS. You may reserve as many Vacations as you desire (either in the same or different location) for use over the same time period, subject to availability and CLUB Gondola’s use rules, which are posted on the CLUB Gondola website. In addition, you may reserve as many Vacations as you desire for use over the same time period at the same location and you, your Spouse or another permitted unaccompanied guest under Section 4.a must only be in residence in one of the properties used for the Vacations.
   3. STANDARD OF CONDUCT. It is important that you, and anyone using Vacations under your membership, conduct yourselves in a manner that reflects positively on CLUB Gondola. In addition, specific properties where you will take Vacations have rules that you and anyone traveling under your membership must follow. You and anyone using Vacations under your membership will not engage in any activity in violation of CLUB Gondola’s rules and regulations, local rules and regulations, or applicable law, while using a Vacation or any amenities or services provided by CLUB Gondola. You are responsible for your conduct and the conduct of anyone using Vacations under your membership. If your conduct or the conduct of anyone using Vacations under your membership is deemed by CLUB Gondola to be likely to endanger the welfare, safety, or good reputation of CLUB Gondola or its members, or is otherwise improper, your membership may be suspended or terminated. CLUB Gondola shall be the sole judge of what constitutes improper conduct ("Cause”) but Cause includes, but is not limited to: (i) allowing unauthorized use of your membership; (ii) submitting false information to CLUB Gondola; (iii) failing to pay any amount owed to CLUB Gondola in a proper and timely manner; (iv) damaging any property or other property made accessible to you by CLUB Gondola; (v) failing to abide by the terms and conditions of these Terms and Conditions, including by checking out of a Vacation late without approval, exceeding the maximum occupancy limit for a Vacation, or violating any applicable rules or regulations; (vi) failing to abide by in-residence rules set by CLUB Gondola; (vii) treating CLUB Gondola’s personnel , guests, or any third party at Vacations in an unreasonable or abusive manner; or (viii) acting in any manner that is incompatible with the standard of conduct set by CLUB Gondola or which damages the reputation of CLUB Gondola or its affiliates. You agree to reimburse CLUB Gondola for any costs or expenses it incurs in connection with your violation of this standard of conduct.
5. CANCELLATIONS.
   1. IN GENERAL. You can cancel a reservation for a Vacation at any time by written notice to CLUB Gondola, subject to the cancellation policies below.
   2. PARTIAL CANCELLATION POLICY. If you cancel some, but not all, nights in a reservation, the entire reservation will be treated as canceled and the portion of the reservation you want to keep will be rebooked at the then-current Vacation Costs. You will receive a credit for Vacation Costs previously paid for any Usage Nights that are rebooked at Vacation Costs equal to or greater than the original Vacation Costs for the cancelled reservation.
   3. CANCELATION POLICY. For most reservations, the cancelation policies in the table below apply to cancelations of reservations for Vacations, measured from the arrival date. Additional or different cancelation policies that may apply to certain types of Vacations or reservations for holiday or other periods.

5. 4. CANCELATIONS BY CLUB GONDOLA.  CLUB Gondola reserves the right to cancel your reservations for Vacations in the event CLUB Gondola is not able to offer you use of a Vacation. Unless the cancelation is caused by a force nature event (as described below) or due to a termination of your membership for Cause, you will receive a full refund of the Vacation Costs you have paid for the canceled reservation. In no case will CLUB Gondola be responsible for any of your other costs, including transportation costs, related to the canceled reservation.
   5. DIVORCE. In the case of divorce, each of the Member and Co-Member will have the option of continuing the Membership in a manner separate from the former spouse by paying a "Separate Membership Continuation Fee" equal to one half (1/2) of the original Initiation Fee for the Membership within ninety (90) days of the final divorce decree or other official termination of the union. Each of the Member and Co-Member shall have the right to continue the Membership such that should each decide to so continue the Membership, the Membership shall be split into two (2) separate, equal memberships. Should neither the Member nor the Co-member elect to continue the Membership during such ninety (90) day period, the Membership will be terminated.
6. TRAVEL CREDITS. From time to time CLUB Gondola may issue you with a Travel Credit. The terms and conditions relating to issuance of a Travel Credit will be provided in connection with Travel Credit offers. A "Travel Credit” is a credit valued at $1.00 per Travel Credit which can be used to pay any Vacation Costs you owe to CLUB Gondola under your membership, but may not be used to pay your annual fee. Travel Credits are valid only during the term of your membership and expire one (1) year from the date they are issued. Travel Credits are not cash, have no cash value and are non-transferable.
7. ELECTRONIC PAYMENT METHOD. During the term of your membership you are required to keep on file with CLUB Gondola a valid credit/debit card or other form of electronic payment acceptable to CLUB Gondola. CLUB Gondola may charge your credit/debit card or other payment form from time to time for all amounts due under your Membership Documents, without requirement of your signature for each charge. This authorization will remain valid until CLUB Gondola receives a written revocation from you. Your failure to maintain a valid form of electronic payment on file with CLUB Gondola will result in your membership being terminated for Cause. CLUB Gondola will make any refund due to you under these Terms and Conditions with the method used to make the payment being refunded.
8. TERMINATION. You may terminate your membership at any time by written notice to CLUB Gondola. Any reservations you hold at the time you terminate your membership will be canceled, subject to the cancellation policies above. CLUB Gondola may terminate your membership at any time if you are not in compliance with these Terms and Conditions. Any reservations you hold at the time CLUB Gondola terminates your membership will be canceled and you will not be entitled to a refund of any Vacation Costs paid.
9. TRANSFERABILITY OF MEMBERSHIP.
   1. LIMITATIONS ON TRANSFERABILITY. You acknowledge that your membership is non-transferable except upon death as set forth in this section.
   2. TRANSFER UPON DEATH. In the event of your death, your membership automatically transfers to your Spouse unless you or your Spouse specifies otherwise. If your membership is not transferred to your Spouse, it may be transferred to one of your or your Spouse’s parents, children (age 23 or older) or siblings.
10. LATE PAYMENTS. All payments are due as specified and will be charged to the electronic form of payment you have on file with CLUB Gondola. Any late payments shall be subject to a monthly service fee of 2.0% of the amount past due. Nothing in this section limits CLUB Gondola’s ability to terminate your membership or cancel your reservations for Vacation in the event you have not timely paid amounts due to CLUB Gondola.
11. MEMBERSHIP RIGHTS AND SERVICES ARE LIMITED.
    1. CLUB GONDOLA’S EXCLUSIVE AUTHORITY OVER OPERATIONS. In providing services under your membership, CLUB Gondola has exclusive authority over the management of CLUB Gondola, the services offered by CLUB Gondola, the operation, use and disposition of properties used for Vacations, the rules and regulations applicable to members, and all other aspects of CLUB Gondola’s operations. You understand and agree that no decision by CLUB Gondola to terminate your ability to use any Vacation or otherwise change the terms and conditions to access and use certain Vacations will give you a right to limit or challenge such actions. Your membership is an individual, personal services relationship between CLUB Gondola and you and does not make you a member of a class or any other group entitled to any rights on an aggregate basis.
    2. VACATIONS OFFERED WILL VARY. You understand that CLUB Gondola will, from time to time, add, remove and/or cease operating certain Vacations, and may change, add or eliminate additional services it offers, and you will have no right to limit or challenge such actions by CLUB Gondola or to have any specific Vacation available to you other than pursuant to confirmed Vacation reservations.
    3. NO OWNERSHIP INTEREST. Your membership does not provide you, nor does your membership constitute, any investment, equity or ownership interest, or any real property interest (including, but not limited to, a real or personal property interest or right or a vested or prescriptive right or easement or any rights as a tenant under applicable law), in CLUB Gondola, any Vacation, or any other CLUB Gondola facilities or services. Your access to Vacations is granted pursuant to a temporary and limited non-exclusive license to use accommodations. Under no circumstance will it be deemed a lease or conveyance of an interest in real property by CLUB Gondola.
    4. NO COMMERCIAL USE. Your membership is exclusively for the purpose of permitting you and those using Vacations under your membership to obtain temporary use of available Vacations and other facilities and services. You understand and agree the use of Vacations by you and those using Vacations under your membership is for personal enjoyment only, consistent with the ordinary and customary uses of short term temporary residential accommodations. Vacations may not be used for any commercial purpose whatsoever.
12. TAXES. You are responsible and will pay to CLUB Gondola all applicable taxes associated with your membership and your use of CLUB Gondola Vacations and services.
13. ASSUMPTION OF RISK AND INDEMNIFICATION
    1. RISKS AND DAMAGE
       1. INJURY TO MEMBERS AND GUESTS. You acknowledge that travel to and from Vacations, travel and engagement in activities during Vacations, use of properties during Vacations, and any privilege or service related to your membership is undertaken with knowledge of the risk of possible injury and/or death to you and your guests. You accept all risk of injury and/or death to you and your guests, whether sustained while using Vacations or any related services or amenities, or resulting from any event or activity related to your membership (whether or not CLUB Gondola identifies, recommends or cautions you or your guests against such activities), including but not limited to use of golf carts and other vehicles that may be available for use during Vacations, any hazardous conditions present on or near properties used for Vacations, and any high-risk activities you or your guests engage in during any Vacation where serious injury and/or death may occur. Without limiting the foregoing, you specifically acknowledge that some properties used for Vacations have private swimming pools and/or hot tubs, that these facilities are not staffed with lifeguards or equipped with fences or other child-proof measures, and that by occupying any of these Vacations, serious injury and/or death could result to you or your guests. All services requested by you or your guests and arranged by CLUB Gondola (including but not limited to any travel services, excursion services and/or child care services) that are made available to you or your guests during Vacations are provided and/or operated by independent contractors, as to which CLUB Gondola makes no representation or warranties and assumes no liability or responsibility.
       2. DAMAGE TO MEMBER AND GUEST PERSONAL PROPERTY. You assume sole responsibility for your personal property, and that of your guests, in connection with your travel or your guests’ travel to or from, and stay in, Vacations. CLUB Gondola will not be responsible for any loss or damage to any private property used or stored at, or transported to or from, any Vacation.
       3. DAMAGE TO CLUB GONDOLA PROPERTY AND PERSONAL INJURY TO OTHERS. You assume sole responsibility for your actions and the actions of all guests during a Vacation or while a Vacation is being used under your membership, including any property damage and/or personal injury or death occurring during a Vacation, or at any activity operated, organized or sponsored by CLUB Gondola, caused by you, any guest or any other person you permit on a Vacation. You agree that your credit card on file with CLUB Gondola will be charged for any damage caused to any property used for a Vacation or other property of CLUB Gondola by you or any guest.
       4. INDEMNIFICATION. You agree to indemnify and hold CLUB Gondola, its owners, the property owners, management companies, subsidiary and affiliated entities and each of their members, managers, officers, directors, employees, agents and representatives (the "Indemnified Parties”) harmless from any and all losses, costs, claims, injuries, damages or liabilities ("Claims”) sustained or incurred in connection with use of a Vacation under your membership, including but not limited to Claims arising in connection with (A) any injury or death to you or any guest, (B) any damage to personal property belonging to you or any guest, (C) any damage to a property used for a Vacation or property belonging to CLUB Gondola or any other person, and/or (D) any violation of CLUB Gondola’s standard of conduct by you or any guest.
       5. NO WARRANTIES; LIMITATION OF LIABILITY. CLUB Gondola expressly disclaims any and all warranties, whether express or implied (or statutory), including any warranties of fitness for a particular purpose, title, quiet enjoyment, performance, non-infringement, or otherwise. In no event will CLUB Gondola (or any of CLUB Gondola’s service providers) be liable to you, your guests or any third party for special, incidental, consequential or indirect damages, including, but not limited to, lost profits or revenue, loss or corruption or misappropriation of data, loss of enjoyment or loss of services arising from or in relation to your membership, the Vacations or the CLUB Gondola’s website (whether in contract, tort, negligence, strict liability or by statute). This limitation will apply even if such party has been advised or is aware of the possibility of such damages. CLUB Gondola’s maximum aggregate liability to you, your guests and all third parties for any claim related to, or in connection with, your membership, the Vacations and the CLUB Gondola website (whether in contract, tort, negligence, strict liability or by statute) will be limited to an amount equal to your initiation and annual fees for the membership year during which the liability is incurred.
14. WEBSITE
    1. IMPORTANT INFORMATION POSTED. You understand that important information regarding your membership is posted from time to time on the CLUB Gondola website (www.clubgondola.com)(the "Website”). You agree to check the Website regularly for such information.
    2. WEBSITE ACCESS. You will have access to the Website via a password provided by CLUB Gondola. You agree that (i) you are fully liable for all your activities and omissions (and your Spouse’s) in connection with the Website and (ii) you are fully responsible for all activities on the Website originating from your password, including unauthorized use. You acknowledge that CLUB Gondola may monitor Website use for any reason, and you therefore have no expectation of privacy with respect to use of the Website. CLUB Gondola may suspend or terminate your access to the Website at any time for any reason. Your access to and use of the Website are subject to electronic terms and conditions that may be updated periodically and posted on the Website or made available by other notice from CLUB Gondola.
15. PRIVACY POLICY. Your membership, including any use of the Website and CLUB Gondola’s collection, use, disclosure and other processing of personal information, is governed by the CLUB Gondola Privacy Policy located at the Privacy Policy page (the "Privacy Policy”). You consent to any personal information CLUB Gondola may obtain about you (either via the Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. CLUB Gondola may update the Privacy Policy from time to time, and post an updated version on the Website.
16. GENERAL PROVISIONS
    1. ENTIRE AGREEMENT. Your Membership Documents constitute the entire agreement between you and CLUB Gondola. There are no understandings or agreements other than those incorporated in your Membership Documents. ANY REPRESENTATION NOT CONTAINED IN YOUR MEMBERSHIP DOCUMENTS IS UNAUTHORIZED, AND IF GIVEN OR MADE, SUCH INFORMATION OR REPRESENTATION MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY CLUB GONDOLA.
    2. AMENDMENT. CLUB Gondola may amend the Terms and Conditions upon thirty (30) days’ notice to you by e-mail; provided that Vacations will be governed by the Terms and Conditions in place at the time the reservations are confirmed.
    3. BINDING NATURE; NO ASSIGNMENT. These Terms and Conditions, as amended from time to time, are binding upon and inure to the benefit of you and CLUB Gondola. CLUB Gondola can assign your membership, together with all of its rights and obligations under your membership, to any of its affiliates or as part of a sale, merger, or other transfer of all or substantially all the assets of the business to which your Terms and Conditions relate. Additionally, CLUB Gondola can assign its right to receive payments under your Terms and Conditions to any lender to CLUB Gondola or any of its affiliates. You may not assign, transfer, sell or otherwise dispose of your membership except according to those provisions regarding transfer upon your death. Any purported or attempted assignment, transfer, sale or disposition in violation of this paragraph is void.
    4. ARBITRATION. Any dispute between you and CLUB Gondola shall be submitted to arbitration by a single arbitrator mutually agreed upon by you and CLUB Gondola. The arbitration shall take place in Denver, Colorado. Except as otherwise provided herein, the arbitration shall be conducted in accordance with the American Arbitration Association ("AAA”) commercial rules then in effect and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. The law of Colorado shall apply. You and CLUB Gondola will each bear your own costs and attorneys’ fees associated with the arbitration, and will share equally any AAA, arbitrator, transcription or other proceeding-related expenses unless the arbitrator determines otherwise. You and CLUB Gondola consent to personal jurisdiction for any equitable action sought in the U.S. District Court for the District of Colorado. All negotiations, mediation, arbitration, and expert determinations and awards relating to a dispute (including a settlement resulting from negotiation or mediation) are confidential, individual between you and CLUB Gondola (i.e., may not be joined or consolidated with claims from any other parties) and may not be disclosed by either you or CLUB Gondola, except to the extent necessary to enforce this section or any arbitration award, to enforce other rights of a party, or as required by law.
    5. FORCE MAJEURE. CLUB Gondola, property owners or management companies will not be responsible for you or any guests’ costs resulting from CLUB Gondola’s cancellation of any reservation or failure to deliver any service if the cancellation or failure is due to causes beyond CLUB Gondola’s reasonable control, including but not limited to: acts of war, government instability, terrorist attacks, acts of nature, power outages, systems failures, unavailability of services and amenities, governmental or quasi-governmental restriction on travel or use of Vacations, or any event beyond CLUB Gondola’s reasonable control that makes a Vacation unavailable. While CLUB Gondola reserves the right to propose alternative accommodations, under no circumstances will CLUB Gondola be required to provide alternative accommodations or reimburse or credit you for any expenses in connection with any such cancellation.
    6. GOVERNING LAW. Your Membership Documents shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions.
    7. SEVERABILITY. Any provision of your Membership Documents that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceable without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
    8. NOTICE. You are responsible for notifying CLUB Gondola in writing of any changes to your current postal and e-mail addresses to which all correspondence regarding your membership will be sent. You must submit notices regarding your membership to CLUB Gondola at the following address or e-mail address:

CLUB Gondola
1616 17^th Street, Suite 566
Denver, Colorado 80202
Attn: Member Services

or:

[email protected]

The recipient of any notice will be deemed to have received a notice five days after it has been mailed to the current postal address on file, three days after it has been sent to the current email address on file or on the notice’s stated effective date if it has been posted on the Website by CLUB Gondola.