Terms & Conditions:
Welcome to www.hbhcr.com, an on-line reservation and information service
on the World Wide Web operated by Hermosa Beach House("Coast"),
doing business as Hermosa Beach House, a Costa Rican corporation with
its principal place of business in Playa Hermosa, Costa Rica. The Site
offers information on hotels and resorts managed, franchised or operated
by Coast and/or its affiliated companies. The following are the terms
and conditions which govern your use of this Web site (the "Site").
Agreement with Terms and Conditions
This Agreement is between You, the purchaser of the products or services
on this Site ("You"), and Coast. "We" and "Us"
means both You and Coast. The effective date of this Agreement is when
You accept this Agreement in accordance with the procedure set out below.
BY ACCESSING, BROWSING THROUGH, OR MAKING A RESERVATION USING THE SITE,
YOU EXPRESSLY ACCEPT THE FOLLOWING TERMS AND CONDITIONS, WITHOUT MODIFICATION,
AND INTEND TO BE LEGALLY BOUND BY THEM. CAREFULLY READ ALL OF THE APPLICABLE
TERMS AND CONDITIONS AS SET OUT BELOW BEFORE PROCEEDING. If You do not
agree with any part of this Agreement, please click on the "Exit"
button below. If You violate any of these terms and conditions, your
permission to use the Site automatically terminates, and You must immediately
destroy any copies You have made of its content.
Modification to the Site or this Agreement
Coast reserves the right at any time to change any information contained
in the Site or this Agreement. Any such changes will appear on the individual
pages of the Site and/or in this Agreement. Such changes shall be effective
immediately upon posting them on the Site. By using the Site, You agree
in advance to accept any such changes.
Coast may make information regarding specific promotions which Coast
is conducting available on the Site. Any such promotion is subject to
the specific terms, conditions and restrictions listed on the Site in
connection with such promotion. Coast reserves the right to alter or
withdraw any promotion at any time. Each promotion is void where prohibited
by law.
Reservation Transactions
Use of the electronic reservation service (the "Reservation Service")
on this Site is provided solely to assist You in determining availability
of hotel accommodation, and to make legitimate hotel reservations for
hotels in the chain operated by Coast and/or its affiliates. In connection
with this Reservation Service, the following terms and conditions apply:
You agree only to use the Reservation Service to make legitimate reservations
and not to make speculative, false or fraudulent reservations, or any
reservation in anticipation of demand.
You warrant that You possess the requisite authority and capacity to
enter into this Agreement, and to use the Reservation Service in accordance
with all of the terms and conditions contained herein.
You agree to be financially responsible for all of your use of the Reservation
Service, as well as any person using your membership password. If You
should lose your password or become aware that an unauthorized person
may have access to your password, contact Coast immediately.
You agree to be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of the Reservation Service.
You understand and acknowledge that abuse of the Reservation Service
may result in You being denied access to the Reservation Service.
You understand and acknowledge that the room availability and pricing
information provided by the Reservation Service constitutes an invitation
to You to make an offer. You further understand and acknowledge that
your use of the booking engine constitutes an offer by You to make a
reservation on the terms You have indicated. A BINDING CONTRACT IS FORMED
ONLY ONCE A CONFIRMATION NUMBER FOR YOUR RESERVATION HAS BEEN PROVIDED
TO YOU AT THE END OF THE RESERVATION-MAKING PROCESS, INDICATING THAT
YOUR OFFER HAS BEEN ACCEPTED. You agree that all cancellations must
be made in accordance with the established cancellation policy of the
hotel booked (as indicated on the hotel's pages within the Site), based
on local time on the day of your scheduled arrival.
You understand and acknowledge that all prices are quoted in the currency
of the country in which the hotel is located.
Disclaimer
Coast is providing the Site, on an "AS IS, AS AVAILABLE" basis
to users. YOU USE THE SITE AT YOUR OWN RISK. Neither Coast nor any of
its officers, directors, employees, owners, agents, third-party content
providers, sponsors, licensors, or the like, makes any representations
or warranties, either express or implied, to You
a. that the Site will be uninterrupted or error-free,
b. as to the results that may be obtained from the use of the Site,
c. as to the accuracy, timeliness or completeness of content or services
provided through the Site, or
d. as to the receipt, storage, transmission or other use of your personal
information.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON
THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND
SECURE. COAST MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES
AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY,
COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY,
PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE
OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SITE, ITS CONTENT,
ITS RESERVATION SERVICES, OR ANY OTHER DOCUMENTS, INFORMATION, ITEMS
OR MATERIALS PROVIDED BY COAST IN CONNECTION WITH THE USE OF THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COAST, ITS AFFILIATES, AGENTS, LICENSORS,
SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL , OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING
BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM
THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION
THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO COAST'S RECORDS, PROGRAMS, OR SERVICES, EVEN
IF COAST OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Ownership and Permitted Use
Except where otherwise noted, all of the Site's design, text, graphics,
images, data and other material, arrangement thereof, programming code,
software, names, marks and logos used herein (the "Content"),
is the property of Coast, its third party providers, licensors, or distributors.
You are permitted to view, electronically copy or download, and print
in hard copy, the Content only for the purposes of making hotel reservations
or as an accommodation resource, provided You retain all copyright and
other proprietary notices contained in the original Content. Any other
use of the Content, including without limitation use on any other Web
site, modification, distribution, reproduction or republication, without
the prior written permission of Coast is strictly prohibited, and may
subject You to liability for violation of copyright, trademark, or other
laws.
Links to Third Party Content
The Site may contain links to other sites operated by parties with which
Coast has no contractual or other relationship. Coast does not review
or monitor such Web sites and assumes no responsibility for the accuracy
or appropriateness of the information contained on such sites or for
any products or services offered through such sites. COAST DOES NOT
RECOMMEND OR ENDORSE ANY HYPER LINKS TO OR CONTENT FOUND ON OTHER WEB
SITES. In addition, You agree not to link your Web site or any other
third party Web site to the Site without the express prior written consent
of Coast.
Governing Law
Coast, this Site and the Content are physically located within the Province
of British Columbia, Canada. This Agreement will be governed by the
laws of the Province of British Columbia and the federal laws of Canada
and shall be treated in all respects as a British Columbia contract,
without reference to the principles of conflicts of law. In the event
of a dispute, We agree to submit to the non-exclusive jurisdiction of
the courts of British Columbia. We have required that this Agreement
and all documents relating thereto be drawn up in English. Nous avons
demandé que cette convention ainsi que tous les documents qui
s'y rattachent soint rédignés en anglais.
Additional Terms
Additional terms and conditions may apply to reservation transactions,
use of software, and other uses of the Site, and You agree to abide
by such other terms and conditions as they appear on individual pages
within the Site, as well as all applicable laws and regulations.
Severability
In the event that any provision herein is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
Relationship
No joint venture, partnership, employment, consulting, or agency relationship
between You and Coast is intended or created by this Agreement.
Entire Agreement
These terms and conditions constitute the entire agreement between You
and Coast with respect to the use of the Site and the Content, and supersede
any and all prior or contemporaneous communications, understandings
or agreements (whether oral or written) regarding the subject matter
of this Agreement. No supplement, modification or amendment to this
Agreement and no waiver of any provision of this Agreement shall be
binding on Coast unless executed by Coast in writing.
Indemnity
YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COAST,
ITS AGENTS, SUPPLIERS, AFFILIATES AND THEIR RESEPCTIVE DIRECTORS AND
EMPLOYEES FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS AND EXPENSES,
INCLUDING LEGAL AND OTHER FEES AND DISBURSEMENTS, WHICH COAST MAY BECOME
OBLIGED TO PAY ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE
OR YOUR BREACH OF THESE TERMS.
Termination
This Agreement is effective until terminated by Coast, with or without
cause, in Coast's sole and unfettered discretion. Coast may terminate
this Agreement without notice to You if You fail to comply with any
of its terms. Any such termination by Coast shall be in addition to
and without prejudice to such rights and remedies as may be available
to Coast, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination,
interpretation, and the indemnity provisions of this Agreement shall
survive the termination or expiry of this Agreement.
Enurement
This Agreement shall inure to the benefit of, and by binding upon each
of Us and our respective successors and permitted assigns. You acknowledge
having read this Agreement before accepting it, having the authority
to accept this Agreement, and having received a copy of this Agreement.
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