Resale Terms & Conditions
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
20% profit margin onto the net price. 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. a. The company undertakes to market the Timeshare in any
method allowing for market place trends until the point of sale
in respect of which no time is guaranteed.
b. All advertising on the Internet and in the National press
is free of charge.
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 overleaf 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.
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