rsonc
TUG Member
- Joined
- Jun 6, 2005
- Messages
- 615
- Reaction score
- 7
- Points
- 378
- Location
- Oregon
- Resorts Owned
- Allegro, Melia, VI Resorts
In Royal Holidays operating agreement they mentionion management terminating the contract and something about null and unenforceable. I am trying to understand what this clause means...
Our last payment was in 2011, the same year we were losing our house and business during the crash. Royal Holiday said they couldn’t take it back and I couldn’t get rid of it. I think in 2012 it went to collections. I recently found out in 2015 they terminated the contract. I am not sure if the statue of limitations renews each year or if this clause will relieve us from collections.
what questions should I ask when I call them back?
OPERATION RULES:
If any member does not comply with the terms and Operating Rules of the Club or does not make the required payments in accordance with the Contract of Purchase and Sale or with the Operational Rules of the Club, the Management Company on behalf of the Club will have full power and authority to cancel the Membership and declare null and unenforceable each and every right the member gets or might receive derived from the Membership(s) and Holiday Credits as guarantee of prompt and timely enforcement of his obligations in accordance with the Operating Rules.
During the contract’s period of non-fulfillment and in case it is not amended during such period, The Club shall suspend permanently all Member rights derived from the membership contract if:
a) The Member does not pay promptly any of the amounts owned to the Management Company on the expiration date, and subsequently fails to pay within the following ninety (90) days via a deposit as indicated and adhere to the payment terms requested to the Member; or
b) If the Member does not comply with his obligations in accordance with the Operating Rules and notwithstanding the possibility to rectify the non-fulfillment contract, or clarification of such is not reached within ninety (90) following from the time an email communications message is sent to the member requesting to proceed this way; or
c) If The Member does not comply with his obligations in accordance with the Operating Rules and non-fulfillment of contract cannot be amended within the period of the aforementioned notice in the subparagraph or if in general terms it is impossible to resolve, or if
d) The Member is a legal person whose debt may be provisionally or definitely dissolved or settled, or placed under judicial administration, or if a legal person seized provisionally or definitely, or if his succession has been opened. Should the above circumstances happen, the Management Company has the right, without prejudice of any other rights to the following:
a) for the Member to declare all the indebted amounts in favor the Management Company, regardless that these are due and must be paid immediately of the Member will be responsible to make the payment of such amounts immediately;
b) Return the Membership(s) and the Holiday Credits based on the terms these were assigned to the person or entity that gained the right to sell the Holiday Credits or cancel, sell or transfer or pay off in any other form as it is established at the sole discretion of the Management Company and which may consider relevant such Membership(s) and Additional Holiday Credits in accordance with the terms of pledged assets under this instrument. Each Member irrevocably appoints the Management Company as its representative and legal proxy so that on the Management Company’s behalf to subscribe the entire document transmission and other instruments that might be requested to give effect to the provisions contained on this Clause. Should the Management Company sell or transfer one or more Member Memberships and to return Additional Holiday Credits in conformity with the requirements of the Mandate’s section b) above mentioned, the profits of that sale, disposition or transfer will be applied primarily to free the amounts owed by the Member or the Management Company and the remaining balance will be credited to the Member’s Account. The references about owed amounts mentioned in this subparagraph which, from time to time the Member may have, will cover interest of such owed amounts, as well as costs incurred by the Management Company, in relation to the recovery of all the amounts due by the Member on a base of total compensation, including attorney fees
Our last payment was in 2011, the same year we were losing our house and business during the crash. Royal Holiday said they couldn’t take it back and I couldn’t get rid of it. I think in 2012 it went to collections. I recently found out in 2015 they terminated the contract. I am not sure if the statue of limitations renews each year or if this clause will relieve us from collections.
what questions should I ask when I call them back?
OPERATION RULES:
If any member does not comply with the terms and Operating Rules of the Club or does not make the required payments in accordance with the Contract of Purchase and Sale or with the Operational Rules of the Club, the Management Company on behalf of the Club will have full power and authority to cancel the Membership and declare null and unenforceable each and every right the member gets or might receive derived from the Membership(s) and Holiday Credits as guarantee of prompt and timely enforcement of his obligations in accordance with the Operating Rules.
During the contract’s period of non-fulfillment and in case it is not amended during such period, The Club shall suspend permanently all Member rights derived from the membership contract if:
a) The Member does not pay promptly any of the amounts owned to the Management Company on the expiration date, and subsequently fails to pay within the following ninety (90) days via a deposit as indicated and adhere to the payment terms requested to the Member; or
b) If the Member does not comply with his obligations in accordance with the Operating Rules and notwithstanding the possibility to rectify the non-fulfillment contract, or clarification of such is not reached within ninety (90) following from the time an email communications message is sent to the member requesting to proceed this way; or
c) If The Member does not comply with his obligations in accordance with the Operating Rules and non-fulfillment of contract cannot be amended within the period of the aforementioned notice in the subparagraph or if in general terms it is impossible to resolve, or if
d) The Member is a legal person whose debt may be provisionally or definitely dissolved or settled, or placed under judicial administration, or if a legal person seized provisionally or definitely, or if his succession has been opened. Should the above circumstances happen, the Management Company has the right, without prejudice of any other rights to the following:
a) for the Member to declare all the indebted amounts in favor the Management Company, regardless that these are due and must be paid immediately of the Member will be responsible to make the payment of such amounts immediately;
b) Return the Membership(s) and the Holiday Credits based on the terms these were assigned to the person or entity that gained the right to sell the Holiday Credits or cancel, sell or transfer or pay off in any other form as it is established at the sole discretion of the Management Company and which may consider relevant such Membership(s) and Additional Holiday Credits in accordance with the terms of pledged assets under this instrument. Each Member irrevocably appoints the Management Company as its representative and legal proxy so that on the Management Company’s behalf to subscribe the entire document transmission and other instruments that might be requested to give effect to the provisions contained on this Clause. Should the Management Company sell or transfer one or more Member Memberships and to return Additional Holiday Credits in conformity with the requirements of the Mandate’s section b) above mentioned, the profits of that sale, disposition or transfer will be applied primarily to free the amounts owed by the Member or the Management Company and the remaining balance will be credited to the Member’s Account. The references about owed amounts mentioned in this subparagraph which, from time to time the Member may have, will cover interest of such owed amounts, as well as costs incurred by the Management Company, in relation to the recovery of all the amounts due by the Member on a base of total compensation, including attorney fees
