Nombre del contrato: Contrato de tiempo compartido de hospedaje

Category: Civil

Description

Timeshare accommodation contract; statements, clauses

STATEMENTS

A. The Seller is a company legally established in the Mexican Republic, as a

Public Limited Company with Variable Capital that was established by - Public Deed number
________________ dated __________________ of the month of _____________ of _____________,
past before the faith of the Licenciado ____________, Notary Public number _____________ and that is
legally registered at the Offices of the Public Registry of Property and Commerce
under commercial record number ______, being its main address at
________________, located in the ___________________, with Federal Taxpayers Registry:
______________, phone __________.

B. By entering into this Contract, and under its terms, the Member will have
right to use the timeshare services that include, among others, the services of
["accommodation","doorman","telephone","guest services","bellboy","mail","use of common areas"]
security, cleaning and garbage collection, reception, in an unspecified unit ("Unit")
corresponding to a certain Type of Unit (as defined later) in any
of the following developments: ___________________ and in any other existing development or that
exists in the future as indicated in Annex 'B' of this Contract (the 'Developments'). The Member
will have the right to use a Unit in any of the Developments, for a period of
(Number) _______ unspecified calendar days each year (each a "Week"), starting
these at ____:00 p.m. on the first day according to the specified reservation procedures
in the Regulation attached to this Contract as Annex "__" (the "Regulation"), and
ending at (specify time) of the seventh (7th) calendar day counted from the day of
record, until the termination of this Contract. Each (period of days belonging to the Member
The owner of the Membership may change from year to year, but it will be within the season.
specified in this Contract. The types of seasons (the "Season") are those mentioned
next:

• "Winter Season", which runs from Week ___ to Week ____ (please indicate the weeks)
to be considered) and from the ____ to the ___ of each calendar year.

• Summer Season, which runs from week _____ to week _____ of each year
calendar.
• Winter Holiday Season, which includes the Weeks _____ and the ___ of
each calendar year.

The use of these services is subject to obtaining the relevant reservation, in accordance with
the reservation procedures specified in the regulations. The terms used here
entre comillas o con mayúscula inicial y que no se encuentren definidos en el presente tendrán el
the same meaning attributed to them in the Regulation.

C. The Seller is authorized to enter into this Contract in its capacity as the owner of certain
housing and occupancy rights (the "Accommodation Rights") derived from a certain contract
leasing agreement entered into with the owner of the Development mentioned in subsection 1) of the
Previous statement A and as a beneficiary under exchange agreements for enjoyment and use
of lodging and occupancy rights in the Developments described in the sections ______________
from that same Declaration (the “Exchange Rights” and, together with the Rights of
Accommodation will be referred to as "Lodging Rights". For the purposes of this Contract, the
Lodging Rights will refer jointly or separately to Accommodation Rights.
to the Exchange Rights, as applicable or as the context requires.

D. Linking of Lodging Rights to Memberships. The Parties hereby

they acknowledge, agree and accept the following:

a. The Accommodation Rights shall be at all times and moments, irrevocable and automatic
subjects and subordinates regarding their use, possession, administration, sale, transfer, transmission,
the gravamen and existence of the Memberships issued by (Company Name) (the "Club")
through the corresponding certificate (the "Membership Certificate"), which will in turn provide
right of the Member to use the Exchange Rights.

b. The Rights of Hospitality, as applicable, will be governed, in addition to what is established in this
Contract, by the Regulation, the respective Membership Certificate and the other documents that
It is mentioned in the Membership Certificate itself. The Member, simply by celebrating
this Contract automatically and irrevocably accepts without reservation and voluntarily: (i)
to become a Member of The Club with all the rights and obligations that it grants and imposes
Membership, according to the provisions of the corresponding Membership Certificate and the documents
there referred to, and (ii) appoint El Club as the administrator of that Membership and of the Rights of
Accommodation associated with it. The term of the Membership will correspond to the term of the Rights.
of Accommodation associated with that Membership, and vice versa.
c. The Accommodation Rights and the associated Memberships are automatic and irrevocable.
linked, so they cannot be directly or indirectly, in whole or in part, separated,
bifurcated, individually or independently owned, used, occupied, sold, transferred,
transmitted, transferred, recorded or separated.

d. All restrictions, conditions, norms, and rules associated with the Memberships are
irrevocably associated with the Rights of Accommodation, and will be mandatory for all
Present or future members, assignees, buyers, successors, and heirs of the Membership
and the associated Hospitality Rights.

E. The Units located in (Name of the tourist development) where services are provided
what the Membership entitles one to is subject to the provision of time services
shared, in the terms of the public deed number ________ dated _____________,
granted before the _______________- public notary number ________ of ____________, whose
the first testimony is duly registered in the Public Property Registry and of
Trade of ___________. The units of the other Developments in which the Member can
exercising their Exchange Rights are duly subject to the provision of the service of
timeshare, in terms of the applicable legislation. The Seller declares that he is the legitimate
holder of the memberships and who has full capacity to provide the services that are incorporated
in them. In the terms of the Regulation, any substantial modification that is intended
make the facilities, recreational areas or common areas of ______________________ in which they
Providing the service regarding Accommodation Rights must be previously notified to the
Members for their approval. In order to guarantee the Housing Rights acquired by
the Members, the Seller and the owner of the ______________________ have affected a
trust the Rights of Accommodation and the corresponding rights to the Units of
Development (Name of the development), in such a way that such Housing Rights are always
at the disposal of the Members, during the term of this Contract, intended for
provision of timeshare services in accordance with the Regulation. The Rights of
Accommodation and the use of the Units cannot be modified without the approval of the Members,
as established in the Regulations. This impact is noted in the public deed referred to
this Declaration.

The Member may exercise their voting rights concerning the Accommodation Rights
regarding the ______________________ in accordance with and subject to the established guidelines
in the Regulations.

G. The Seller and the Member wish to enter into this Agreement in such a way that the Member can
acquire from the Seller the Membership here identified, thus being subject to the terms
and conditions set forth in this Contract. Annex 'A' of this Contract outlines the terms
Membership General Terms.
H.-There are the following types of Units ("Unit Type"):

(example)

• Type ___ Room. Studio consisting of: (number) beds (type of beds), kitchenette
equipped with mini refrigerator, microwave, TV (type) with cable service (if available), air conditioning
air conditioning, ceiling fan, terrace and bathroom with tub. Maximum occupancy of ____ adults with
an area of ______ square meters.

I.- The Club has entered into a certain contract with the Seller whereby the Seller agreed
authorized to market the Memberships and The Club agreed with the Seller to issue,
manage and handle the Memberships (including Accommodation Rights), being empowered to
enforce the rights and obligations of the Members towards third parties, including the Seller.

THEREFORE, IN CONSIDERATION OF THE STATEMENTS ABOVE, THE PARTIES

AGREE TO OBLIGATE THEMSELVES UNDER THE TERMS OF THE FOLLOWING:

CLAUSES

1. PURCHASE AND SALE: Subject to the terms and conditions set forth in this Agreement, the Seller
by means of this act sells to the Member and the Member acquires the Memberships through this
that are identified in this Contract, as well as the use of the goods and furniture located in the
______________________ in the terms of the Regulation, for the period of (determine days) each
year during the Season and in the Type of Unit described below, as well as the non-exclusive use of the
common areas of said Development, as appropriate, including Exchange Rights in
the other Developments, with all the services described in the Regulations and in the
documents mentioned there. As a consequence of the sale subject to this Contract, the
Member in this act becomes and adheres as a member of The Club regarding Rights of
Accommodation, the nature of which will be documented in the Membership Certificate that will be given to you.
delivered by the Seller within thirty (30) calendar days thereafter. The Certificate of
Membership covers the Accommodation Rights provided herein. In the event that the Seller
acquire Rights of Accommodation and services in other additional Development(s), the Member
will have the right to lodging and services in said development in accordance with the terms and
conditions established in this Contract and/or any other related document. The
The benefits of the current Membership are described in Annex 'D' of this Contract and such
benefits may change from time to time subject to what is established in the Regulations.
The following describes the number of Weeks, Type of Unit, and other related information.
with the Membership subject to this Contract:

Total weeks acquired: _______________________.

Tipo de Unidad: _________________.

Maintenance Fee Amount (as described in the Regulations) initial $___________ (no
included in the Acquisition Price and subject to change

Payment of the Maintenance Fee for the 1st year: ___________ (subject to increase in accordance
con lo estipulado en el Reglamento).

Valor en puntos (“Puntos”) para el caso de Miembros en el sistema (Nombre del sistema):
_______________________.

2. PERIOD: The validity of this Contract and, consequently, the validity of the Membership
described above, will begin on the date of this Contract ("Start Date") and will expire on the date
when 30 (thirty years) have passed since the Start Date. Renewal does not apply.

3. PAYMENT OF THE ACQUISITION PRICE: The Member agrees to pay for the Membership the
amount of ______________ (the "Acquisition Price"), in accordance with the established terms
in this Contract and in the informative cover, with the understanding that the Acquisition Price
includes closing costs, registration fee for an exchange organization for one year and __%
corresponding to the Value Added Tax applicable.

The down payment will be for an amount of _________________ and will be paid upon the celebration of this agreement.
Contract. The balance of the Purchase Price and the financing costs (the "Total Payments")
which amount to $_____________, will be documented in a promissory note (the "Promissory Note")
subscribed by the Member in favor of the Seller, with interest at the rate of (___%) percent per year
about outstanding balances plus the corresponding Value Added Tax if applicable
and will be payable in ________ monthly payments, each for the amount of $__________________
and under the terms described above. The payment of interest cannot be demanded by
advanced, but only for overdue periods. During the validity of this Contract, the rate
of applicable interest as well as its calculation methodology, cannot be modified except that they
restructure and modify this Contract in writing.

Payments must be made by check, by means of payment orders, or by charging to any

credit card. The Seller is released from any liability for any payments
that are not completed or not carried out properly, leaving the Member as the only one
responsible for said payment. The payment will be considered overdue once (Indicate number) has passed.
days) (put it with a number) calendar days from the established payment date, in which case
The outstanding balance will accrue late interest in an amount equal to: ___________ which
will be added to the overdue payment. All payments to be made under this will be made in (set
currency type), without prejudice to the Member's right to make such payments in pesos,
national currency, at the current exchange rate to meet obligations denominated in dollars
payable within the Mexican Republic published by the Bank of Mexico in the Official Diary of
the Federation on the respective payment date. The same will apply to the payment of the Fees of
Maintenance and any other fees that are payable by the Member in accordance with the Regulations.
In the case of payments for the Membership Acquisition Fee in Mexico, the payment will be made in the
place established in the Promissory Note and in case of payments in the United States of America in the
address indicated in the Promissory Note.

The Total Annual Cost is the annualized percentage of the Acquisition Price that includes interest.
and other accessories and the Value Added Tax, which is calculated for informational and
comparison, equivalent to CAT: ________. The total estimated amount to be paid upon signing this document.
The Acquisition Price contract includes the sum of all and each of the payments that are due.
to be carried out for the principal amount, interest, and any other expenses at their expense that are indicated in the
present.

Además de los pagos ordinarios pactados en este Contrato, el Miembro podrá, en cualquier
moment during the term of this Agreement, make advance payments on the amount of the
funding granted, which will be used to cover your debts in the following order:

Value Added Tax on overdue interest, in case it applies.

b) Late fees, if incurred.

c) Value Added Tax on ordinary interest.

d) Ordinary interests.

e) Capital due.

f) Current capital.

The financed amount, along with the respective accessories, described in the cover page of this document.
Contracts must be fulfilled within the timeframes indicated therein.

For movement inquiries, the Member may visit the Seller's offices located at
(national and/or foreign address of the seller) or contact the phone number