Terms and Conditions for Net Rate Travel
By purchasing a membership you agree to:
Net Rate Travel is a technology product of Breakout Enterprises Llc. which is owned and operated by Breakout Corporate, (Provider). This license agreement is for a license to access both the Net Rate Travel (NRT) technology product, as well as any other services or products available located at https://netratetravel.com for travel. You will be able to access your travel booking engines from https://netratetravel.com website once you have paid, and accepted the terms and conditions. By checking the “ I accept terms and conditions” box, you are agreeing to the terms of service for all of our travel providers listed on the above listed site. Licensees understand that each provider has their own terms and conditions for each vacation booked.
This Agreement is made with reference to the following facts:
A. The Licensee desires to license software from the Licensor to obtain access to vacation packages, nightly stays, bonus weeks, fantasy getaways, activities and excursions, cruises, car rentals, golf discounts, dining discounts, hotels and luxury condominium and villa rentals. The Licensee acknowledges that the network benefits may be changed from time to time.
B. The Licensee hereby represents and warrants that he/she has the financial capability to afford to enter into this agreement and that he/she has evaluated their income, assets, and financial obligations prior to executing the Agreement.
C. The Licensee hereby represents and warrants that he/she is, as of the date of this agreement, of sound enough health to travel and is not under the influence of any intoxicants or prescription medication that may impair his/her ability to understand this Agreements terms and to execute this Agreement.
D. The Licensor warrants that it is fully authorized to license said software to the Licensee. If for any reason NetRateTrave.com is no longer in business, any Member who purchased a license will still own the License to access all travel benefits directly through the Service provider Breakout Enterprises.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the Licensor and the licensee do hereby agree as follows:
- The statements contained in this agreement are true and correct, and are by this reference made a part of this Agreement; and the abbreviation set forth in the preamble and recitals shall be used for purposes in this Agreement.
Contact and Personal Identification Information. The Licensee does hereby represent and warrant that his/her personal identification and contact information is as follows:
1. The Licensor and Licensee do hereby agree that the Licensee shall pay to the Licensor a non-exclusive License Fee in the amount of $299 per year for the term of the agreed upon membership purchased which grants the Licensee the nonexclusive right to gain access to the Net Rate Travel Technology network via the internet website:
Members shall use the username/password that was determined upon signing up to login.
Members will also have access on the website to go to a members section and upon logging in, shall see special member pricing.
In accordance with the Annual Software Renewal Fee in the amount of agreed upon on your printed and signed document given at the time of purchase, this annual renewable access shall include the non-exclusive and unrestricted right to use the licensed NRT technology network and software, subject to the terms and conditions of this agreement. The right of the licensee does hereby represent and warrant that he/she is executing this agreement on his or her own and not for the benefit of third parties. Third parties for the purpose of this agreement shall not be defined to include immediate family members of the licensee. The licensee does hereby agree that all rights conveyed by this agreement are solely for their own individual benefit. The licensor and the licensee do hereby agree that the licensee may transfer license rights under this agreement to any third party subsequent to the execution of this agreement, but that any third party transferee shall be bound by the terms of this agreement and may be responsible for a transfer fee.
2. Price Negotiations and License Customization.
The licensor hereby warrants that all licensing fees are negotiable and that the prices are subject to change, including offering of discounts to prospective licensees at future dates. The reservations software licensing agreements are customized for each licensee with regard to price, licensing characteristics and time of execution of agreements.
3. Payment Terms.
The Licensee hereby agrees to pay to the Licensor a Licensing Fee pursuant to one of the following payment options:
- A. Cash/Personal Check Option.
By choosing this option and executing this Agreement by signature, the Licensee does hereby agree to pay the Licensing Fee in cash or by personal check upon signing this agreement.
- B. Credit/Card Option.
By choosing this option and executing this Agreement by signature, the Licensee does hereby agree to pay the Licensing Fee by credit card or debit card and does hereby authorize the Licensor to charge the entire Licensing Fee to said credit or debit card identified on the credit card authorization form.
4. Annual Software Renewal Fee
In addition to the purchase price. Licensee does hereby agree to pay an Annual Software Renewal Fee of $299 to Breakawaycation owned by Breakout Corporate Inc. (Provider) with the first payment to be paid on today’s purchase date and then every 12 months thereafter of the date of this Licensing Agreement. The Licensor may assign the Annual Renewal Fee to a third party for billing purposes. The Annual Renewal Fee will not increase in the lifetime of the original Licensee’s membership as long as their account remains active.
5. Weekly stays per Year
The execution of this Agreement and the consequent grant of the Software License by the Licensor shall entitle the Licensee to the following:
6. Discount Variation
All benefits and discounts conferred through this Agreement vary greatly based on the characteristics of the vacation unit or type, the time of year, space availability, and/or the rates charged by those parties listing the accommodations for rent. The Licensee acknowledges that he/she has been advised that while some discounts may be significant, these same accommodations may not enjoy deep discounts at other times and that deep discounts are not available for some vacation units or types at any time. The Licensee acknowledges that although most discounts are received up front, other discounts are provided in the form of rebate. The Licensee acknowledges that the value in this License is expected to be realized over time and that the License Fee is not guaranteed to be recovered on a single vacation.
7. Website Access
The licensee shall be provided a login and access to the Internet website https://netratetravel.com/my-account/ and may book travel arrangements through this website 24 hours a day, 7 days a week.
8. Reservations and Third Party Vendors
All reservations are satisfied on a first come, first service, space availability basis and must be reserved to confirm dates and pricing. All reservations must be reserved and paid for by credit card. Reservations are for the Licensee’s (including Family Members) personal use only and may not be rented, sold, given away or otherwise transferred to any third party. The person named on the confirmation must be present in order to obtain the reserved product or accommodations.
The Licensee acknowledges that some reservations may require additional fees to be paid directly to the establishment at the time of arrival. The Licensee acknowledges that the network may contract with third party vendors, providers and suppliers to provide any or all network benefits available to the Licensee in connection with the License. All coupons, receipts and tickets are issued subject to the conditions specified by each of the various suppliers. By signing this agreement you are also agreeing to abide by all 3rd party vendor terms of service.
9. Online Software Tutorial Video
The Licensee acknowledges that he/she understands they have access to a video demonstration online, and/or a complete in person tutorial covering usage of the software program operation. The Licensee acknowledges that they are comfortable using a computer and booking travel online.
The Licensor will provide the Licensee access to the Software licensed through this Agreement the day of the purchase. Licensee will immediately be given access via a username and password.
11. Referrals for Timeshare Transfers Not Inducement
The Licensor may refer the Licensee to a title company or other entity who may offer services to transfer the Licensee’s timeshare at the sole discretion of the Licensee and the Third Party. Any timeshare transfer referral shall not be considered a material term to this agreement, as inducement to execute this agreement, as any form of consideration constituting a term of this agreement, or create any duty to perform on the part of the Licensor but rather as an accommodation for the benefit of the Licensee at the Licensee’s request. In some cases, the Third Party may be a related party in terms of common ownership or management, but this shall not create a duty to perform for the Licensor.
12. Right of Cancellation
The Licensor hereby grants to the Licensee a right to cancel his/her Licensing rights granted by this Agreement within 3 business days of executing this Agreement. Cancellation shall immediately revoke the Licensee’s rights to access the discounts and membership benefits offered by the software license referred to herein and shall immediately terminate any passwords or access to said software upon cancellation.
Cancellation is effective only if delivered to the Licensor at the address listed below in writing within 3 business days by certified mail postmarked on or before the third business day following the execution date of this Agreement.
- Mail cancellation request to:
1201 Orange St Wilmington DE 19801
ATT: Net Rate Travel
- And eMail notification of cancellation request to: firstname.lastname@example.org
Verbal cancellation that is not accompanied by written cancellation as noted above, shallnot constitute a valid cancellation of the Licensing Agreement.
All rights of cancellation immediately expire after the third business day following the execution of this Agreement. The Right of Cancellation is also revoked if the Licensee uses the software licensed by this Agreement or any temporary license rights granted by the Licensor to the Licensee to obtain reservations. In the event that the Licensee exercises his/her right of cancellation in accordance with the terms of this agreement, he/she shall be entitled to a full refund less 10% of the payment paid towards the Licensing/Membership fee paid to the Licensor within 30 days from the date the Licensor receives the certified cancellation letter.
13. Notice to Licensee
Any holder of this Agreement, to the extent that it constitutes a Consumer Credit Contract, is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the Debtor shall not exceed amounts paid by the Debtor hereunder.
The rights and obligations of the Licensor under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Licensor.
15. Breach of Terms and Conditions of Agreement
Should the Licensor waive a breach of any provision of this Agreement by the Licensee, such waiver shall not be construed a waiver of later breach by Licensee. Should the Licensee breach any provision of this Agreement, the Licensor shall be entitled to suspend and/or terminate the License and retain, as liquidated damages, all sums received from the Licensee.
16. Resort Condo Cards
Resort Condo Cards may be purchased at the discounted rate of $39 for a single use. This will allow friends and family members to purchase at a discounted 50% or more off Resort condo weeks, without requiring the member to travel with them. If resort cards are purchased, Net Rate Travel retains the right to use their email to contact them for future services offered.
RESORT CONDO WEEKS and BONUS WEEKS are NON-CANCELABLE!!!!
Members are instructed to carefully select dates as these weeks are sold at a highly discounted rate on a first come basis, similar to a SALE item. No refunds can be given if you cancel these weeks.
17. Member Representations and Acknowledgements
The member represents and acknowledges that he/she is at least eighteen (18) years of age, and has the capacity to acquire the membership that is the subject of this Agreement and to receive the benefits conveyed by the Licensee. The member further represents that he/she has entered into this Agreement solely for the purpose of aiding in vacation planning and/or obtaining access to vacation discounts and not for the purposes of acquiring an investment of any kind, including an appreciating investment or with an expectation that any part of the membership may be used to financially profit. No representations have been made by Net Rate Travel (Breakout Corporate) to the member concerning rental pools, rates of return, tax advantages, depreciation, or investment potential. The member represents and warrants that he/she is not under the influence of any medications, alcoholic beverages, or other substances that may impair their ability to properly evaluate and execute a contract of this or any nature.
19. Agreement not to Copy or Modify Software
The member hereby agrees that they may not copy or reproduce any inventory, service, or offering, and offer for sale to the public any of the aforementioned acquired from https://netratetravel.com.
20. Choice of Forums and Choice of Law
All disputes, differences and controversies arising in connection with the determination of whether the Licensor has adequately discharged its duties hereunder, shall be settled and finally determined by a court of law with jurisdiction in Wilmington, Delaware under the laws of the State of Delaware. Breakout Corporate and Member hereby agree that in all matters of controversy surrounding this agreement, each respective party shall be responsible for their own respective attorney fees.
21. Enforceability of Contract Provisions
This agreement is to be effective and valid under applicable law, but if any provision hereof shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity only, without invalidating the remainder of such provision or the remaining provisions of this Agreement.