1. Preamble and Pre-Conditions to Participation
1.1 To better serve members of the exchange program (“DAE Members”), the Dial An Exchange Group (“DAE”) has developed a number of simple terms and conditions that governs the interaction between DAE and its members. Please contact your local DAE office to discuss any questions relating to any of the terms and conditions set out below.
1.2. In order for a resort week owner to participate in the DAE Exchange Program, the following conditions must be met:
1.2.1. the resort week owner must not be in default under their purchase contract or membership agreement with their respective resort or timeshare plan and must be current on all annual maintenance fees, assessments, dues, taxes and other charges in connection with their ownership of or membership in the applicable resort or timeshare plan;
1.2.2. with respect to any holiday property, the holiday or vacation property/apartment must meet all of the DAE requirements for holiday properties as determined by DAE in its sole discretion;
1.2.3. the resort at which an accommodation or holiday property is located must be operated in a commercial fashion as determined by DAE in its sole discretion and any holiday or vacation apartment must qualify as a holiday property; and
1.2.4. the resort week owner must have the sole ownership or use rights in the deposited week at the time the exchange is confirmed.
2. USE OF RESORT WEEKS
2.1. Use by DAE. By depositing a resort week the DAE Member warrants to DAE that: (1) the DAE Member has or will have the legal right to use and assign the use of the deposited resort week and all other resort amenities to which the DAE Member has access; (2) the deposited resort week has not been and will not be assigned, offered or made available by the DAE Member to any third party; and (3) the physical accommodations are in good and usable condition. A DAE Member relinquishes all rights to the use and occupancy of his/her resort week upon depositing it into the DAE Exchange Inventory Pool. DAE reserves the right to use or assign the deposited resort weeks to others, whether or not the depositing DAE Member has requested or received an exchange. Deposited weeks may be used by DAE to satisfy exchange requests, as bonus weeks, as additional benefits, or other purposes as determined by DAE in its sole discretion. Deposited weeks may not be withdrawn from the DAE Exchange Inventory Pool by the depositing DAE Member. DAE reserves the right in its sole discretion to vary the terms of any deposited week transfers.
2.2. Use by DAE Members
2.2.1. Participation in the DAE Exchange Program is for personal, non-commercial purposes only. The commercial use, including without limitation the auction, rental or sale, of resort weeks obtained through DAE (whether by exchange, bonus weeks or additional benefits), exchange requests or confirmed exchanges is strictly prohibited. DAE Members may assign their resort weeks to guests; please see guest names for more details. The only person who may make an exchange request or receive a confirmed exchange for a deposited week is the resort week owner of the resort week, or an authorised account user. A confirmed exchange may only be used by a DAE Member or guest whose name appears on the confirmed reservation.
2.2.2. Accommodations, services and amenities related to inventory vary by location and resort. The total number of people occupying the accommodation or holiday property must not exceed the maximum occupancy of the unit set forth in the exchange confirmation or reservation; otherwise, access may be refused, or an additional charge may be levied against the DAE Member. DAE is not responsible for loss, damage to, or theft of personal property related to a DAE Member's use of accommodations and/or holiday property, nor is DAE liable for personal or bodily injury to a DAE Member or its guests and invitees in connection with such use.
2.3. Gold Advantage Benefit. On payment of the Gold Advantage Benefit fee, additional benefits include priority request, advance notice availability, pricing advantages on selected transactions and other promotional offers when available, as well as the ability to exchange into designated daeOptions properties as advertised from time to time.
2.4. North and South America Gold Advantage Benefit. Select DAE offices offer additional benefit tiers which include additional benefit packages. These benefit packages include a loyalty program and lifestyle product offering. Loyalty Program terms and conditions can be found at https://daelive.com/legal/terms/daerewards
3. The Terms of DAE Member’s Deposit
3.1. DAE reserves the right, in its sole discretion, to refuse, deny or cancel a deposit.
3.2. The maintenance fees on the week being deposited must be paid in full prior to final confirmation of an exchange being accepted by DAE.
3.3. The week deposited for the exchange must be exclusively relinquished to DAE, and neither the DAE Member nor any other party (other than DAE) may use the deposited week or assign such week to another party or company (including by placing the week into a rental pool). The DAE Member must not deposit the week with more than one exchange company at a time in any one entitlement period, as this will cause an overbooking of the unit at the home resort. The DAE Member shall be responsible for any expenses to an inbound guest or DAE because the inbound guest is denied access to the deposited week because such deposited week with another exchange company.
3.4. A number of resorts like to bank the weeks on their owner's behalf. Please check with the resort if you are unsure of the resort banking procedure. Alternatively, a local DAE office may advise which resorts operate on this basis.
3.5. DAE will accept a DAE Members deposit week up to eight (8) weeks prior to the expiration date (or check-in date) of the week. DAE, in its sole discretion may accept deposits with less than 8 weeks and may charge a late deposit fee to be determined by DAE. In addition, DAE may cancel a confirmed exchange or a deposit in the event that, in DAE’s sole discretion:
3.5.1. the resort is not operated in a manner that enables it to meet its obligations or is otherwise not in compliance with applicable laws, rules, regulations, policies or procedures;
3.5.2. the resort is destroyed, condemned, uninhabitable or otherwise not suitable for use; or
3.5.3. the resort is the subject of a foreclosure suit, or the subject of a motion or other proceeding to place it under the control of a receiver, mortgagee in possession or bankruptcy trustee. In the event that a resort becomes uninhabitable due to a natural disaster, DAE is not liable for the resulting cancellations.
4. Deposit Credit - (Bank & Save option)
4.1. When a week is banked with DAE, the DAE Member will be issued with a "Deposit Credit". A booking must be confirmed against the Deposit Credit within three (3) years from the date of deposit. The travel date of the confirmed exchange may be after the Deposit Credit expiration date so long as the exchange is confirmed prior to such date.
5. Miscellaneous Fees & Taxes
5.1. DAE Members are solely responsible for the payment of any and all bed taxes, transient occupancy taxes or similar tax that may be imposed in connection with the use and occupancy of the accommodations or holiday property pursuant to an exchange, whether such are included in the exchange fee or otherwise imposed.
5.2. DAE Members are solely responsible for payment of any applicable port charges, gratuities, personal expenses, utility charges, security deposits and other fees or charges properly levied by a resort or other party for the use of amenities and facilities. DAE Members are solely responsible for all damage and loss to the accommodations or holiday property at the host resort as a result of DAE Member's conduct (and the conduct of family, friends, invitees and guests), as well as all personal charges incurred at the host resort including, without limitation, telephone calls, internet service, meals and beverages and any other applicable and permissible charges imposed by the host resort.
5.3. Some resort stays require or make available as an option, All-Inclusive (AI) fees which are due prior to, or upon check in, and pay for the guest's meals and beverages. These All- Inclusive (AI) programs may differ from resort to resort but are purely at the discretion of the resort. DAE has identified these resorts and labelled them accordingly in the displayable resort profile online. DAE Members are solely responsible for All-Inclusive (AI) fee payments to the Resort.
6. Bonus Weeks
6.1. Bonus weeks are comprised of deposited weeks that have not been booked in connection with a confirmed exchange. DAE makes bonus weeks available to all DAE Members. Bonus weeks can be reserved via email, facsimile, online (at the DAE Website) and telephone. DAE Members may reserve bonus weeks upon payment of the bonus week price if the week is offered as a bonus week and the DAE Member wants to use it for a vacation. The DAE Member has the choice of either (i) exchanging the resort week and paying the exchange fee, or (ii) reserving the week as bonus and paying the bonus week price. Reservations of bonus weeks are not complete until DAE receives the applicable bonus week payment, (or exchange fee if the DAE Member choses to take the week up as an exchange), and the applicable confirmation documentation is issued to the DAE Member.
6.2. Guests may use bonus weeks the DAE Member has reserved provided (i) all bonus week reservations must be made by the DAE Member, or an authorised account user on behalf of their guests, (ii) the DAE Member is solely responsible for all damage and loss to the accommodations or holiday property as a result of the conduct of guests and their invitees, as well as all personal charges incurred in connection with the bonus time including, without limitation, telephone calls, internet service, meals and beverages, and any other applicable and permissible charges.
7. CANCELLATION POLICY
7.1. Cancellations by DAE. DAE reserves the right, in its sole discretion (without refund or credit), to cancel a confirmed exchange, cancel an exchange request or otherwise deny the Exchange privileges of any DAE Member whose exchange fee is rejected by the DAE Member’s bank or credit card company or who has not fully prepaid all annual maintenance fees, assessments, dues, taxes, and other charges relating to ownership or membership in the applicable resort or timeshare plan. DAE may cancel or suspend confirmed exchanges, membership privileges of any DAE Member failing to comply with the Terms and Conditions of DAE Membership.
7.3. Accepted CPO. If a DAE Member has purchased CPO and needs to cancel the exchange which has CPO, the member may do so no later than 72 hours prior to check in date by contacting their DAE office to request cancellation. The DAE Member will then have until the expiration of the original Deposit Credit used for the transaction in which to confirm another exchange. The exchange fee will be credited to the DAE Member’s account to use against a future transaction provided that such future transaction must be within 2 years of the cancellation date. At the end of the 2-year period, any unused credit will expire and shall be forfeited. The DAE Member will have the option of electing to purchase CPO on any replacement exchange upon payment of the current CPO costs. No monetary refunds are allowed on cancellations regardless of whether CPO has been obtained. CPO cannot be used to cancel a confirmed exchange and then re-book the same resort week as either bonus weeks or additional benefit. DAE asks that all DAE Members be fair and use CPO for its intended purposes and not to misuse it.
7.4. Declining CPO: CPO is completely optional and DAE Members are not required to obtain CPO. DAE Members who decline CPO in connection with a confirmed exchange will forfeit their exchange fee upon cancellation of a confirmed exchange, which includes any change in dates, vacation destination or resorts (guest name change allowed). Additionally, the deposit credit (including the ability to make an exchange) will be forfeited if the DAE Member cancels any exchange reservation confirmation within 30 days of the scheduled check-in date and time.
7.5. Cancellations of Bonus & Additional Benefits & Natural Disasters. CPO is not available for bonus weeks or additional benefits including, without limitation, "special" or "promotional" offers. Cancellation of any of these types of reservations results in forfeiture of the entire fee paid in connection therewith. In the event a resort becomes uninhabitable due to a natural disaster, DAE is not liable for the resulting cancellations.
7.6. Cancellations of Rental confirmations. CPO is not available for Rental transactions (“Rental” being accommodation for a fee and not exchanged in return for a deposit credit by member). Cancellation of rental reservations are subject to the terms and conditions of the rental property which may include forfeiture of the entire fee paid in connection therewith.
7.7. No Refund, Credit or Transfer. All purchases of CPO is non-refundable at the time of purchase, whether for money or money’s worth. In addition, CPO is non-exchangeable for credits, and may not be applied towards another exchange. In the event of any exchange cancellation, any CPO purchased in connection with such cancelled exchange shall be forfeited in its entirety, and DAE shall have no further obligation to DAE Member.
7.8. Resort/Unit Change. Due to unforeseen circumstances beyond DAE’s control, should the resort need to change a unit allocation or move a reservation to a different resort, DAE shall have the right to modify the reservation. Any change should be reasonably equivalent in unit size and standard of accommodation to that of the original reservation. DAE shall not be responsible for any additional costs or compensation to the DAE Member or guest.
8. Split week Exchange Option (Selected DAE Territories only)
8.1. This allows DAE Members to bank a week and take a vacation in 2 different destinations. Split Week exchanges must be booked as one 3-night and one 4-night stay. A special split week exchange fee and possible unit upgrade fee is applicable for each portion of the spilt week transaction and is payable at time of confirmation. Split Week exchanges are offered only in DAE’s sole discretion.
9. Unit Size Upgrade (Selected DAE Territories only)
9.1. If the unit size of the banked week is smaller than the unit size of the exchange week confirmed, a unit size upgrade fee may be payable at time of confirmation. If this amount is due, it will be advised at time of confirmation of the exchange week. Unit size upgrades are offered only in DAE’s sole discretion.
10. Guest Names
10.1. All bookings must be confirmed with the proper guest details at the time the confirmation is issued. Multiple bookings confirmed with the same guest name for similar check in dates will be considered duplicates and invalid and may be cancelled by DAE without notice unless prior arrangement has been made with DAE. If DAE Members are allowing guests to use their timeshare, the DAE Member is the responsible party for any damage to unit.
11. Exchanging Member Responsibilities
11.1. When a DAE Member exchanges their timeshare week at another resort or accepts a bonus week or any other promotional offer at a resort booked through DAE, the DAE Member is still responsible (as with their home resort), to abide by the rules and regulations of the host exchange resort.
11.2. If DAE Members are allowing guests to use their time, the DAE Member is the responsible party for any damage to unit. Any host resort may, in its sole discretion, impose additional fees, terms, conditions and restrictions to any accommodation, activity or service, and such additional fees, terms, conditions and restrictions are subject to change at the sole discretion of the host resort. It is the responsibility of the DAE Member to determine if any such additional fees, terms, conditions and restrictions apply to their transaction.
11.3. All transactions are between DAE and its members; (not the member's guest). The third-party rental for profit of confirmed accommodation space provided by DAE to the DAE Member is not permitted or allowed under any circumstances. All confirmations are noted with the name of the person to check-in at the destination resort. If for any reason this is to change the DAE Member (not the DAE Member's guest), must contact DAE and advise the change to the original confirmation details before check in. A new confirmation will be issued by DAE and the destination resort will be notified accordingly.
11.4. The accommodation or timeshare unit must be left in a clean and tidy condition as when the guest first arrived.
11.5. Any breakages/damages must be reported immediately to resort staff and the exchanging member is responsible for the cost of repairs or replacement of items damaged.
11.6. The DAE Member or guest is responsible for any charges incurred at the resort during the holiday - telephone, tours and any other incidentals which are charged to the room.
12. Accommodation Standards and Services
12.1. DAE has access to a variety of resorts in different countries with varying levels of accommodation types, building standards and services. DAE cannot be held responsible for any resort that may not meet the expected standard of accommodation, service, operation, facilities or amenities.
12.2. DAE does not own or operate the resorts and is not liable for their description, services, state of their property or presentation. Complaints about accommodations or services provided at a resort should be made at the earliest opportunity to a person of authority at the resort.
12.3. DAE does not warrant the suitability, safety or security of resort activities, guides, vendors or service providers described herein. DAE Members are given the opportunity to research the suitability of any offered exchange resort prior to confirming the exchange transaction. It is the DAE Member’s responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any guide, vendor or service provider, and DAE Members participate at their own risk.
12.4. Each DAE Member acknowledges that host resort is subject to change in the host resort’s sole discretion and is not subject to DAE’s control and may differ in assignment, unit size, design, furnishings, amenities, facilities and accessibility for individuals with disabilities from the accommodations of the DAE Member’s resort.
12.5. Each DAE Member acknowledges that it is the sole responsibility of the owner, lessor, lessee or operator of any resort, and not the responsibility of DAE, to ensure that its accommodations, facilities and amenities are accessible to and usable by individuals with disabilities in compliance with all applicable state, federal and local laws.
13. Resort and Service Reviews
13.1. By submitting a review with DAE, DAE Member understand and agree to allow DAE to reproduce, translate, adapt, modify, and publish at their sole discretion on any DAE related material.
14. Force Majeure
14.1. In the event that DAE is prevented, hindered or delayed in the performance of any obligation to a DAE Member (including, but not limited to, providing lodging or other accommodations) due to an Event of Force Majeure, DAE shall be excused from further performance upon notice to DAE Member stating the reason for such nonperformance, without obligation to refund or return any amounts that were paid by DAE Member before or after such notice. Upon such notification, DAE shall owe no further duty or obligation to DAE Member.
14.2. The term “Event of Force Majeure” shall mean:
14.2.1. an act of God or of a public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic or quarantine;
14.2.2. action by a governmental authority, a court, appointment of a receiver or mortgagee in possession, or an assignment for the benefit of creditors;
14.2.3. a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within DAE’s power to concede; or
14.2.4. any other cause or circumstance beyond DAE’s reasonable control.
15. Privacy Notice
15.1. Personal Information collected about DAE Member through DAE Member’s use of this website is subject to our Privacy Notice. For more information about our use and protection of DAE Member’s information, please review DAE's Privacy Notice at https://daelive.com/legals/privacy.
Updated March 2020