TERMS OF SERVICE
This is a binding legal agreement (“Agreement”). Please read the Terms of Service carefully before using this website and/or mobile application.
Our Terms of Service (“Terms”) apply to all websites and mobile applications (collectively, the “Applications”) of the hotel brands owned, licensed and operated by Surfbreak Hotel and its affiliates and subsidiaries (“LH,” “we,” and “us”).
By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Applications, the services or functions offered in or by the Applications and/or the contents of the Applications, you have agreed to all of the terms and conditions set forth below. If you do not agree to all of the terms and conditions please do not use the Applications and leave the Applications immediately. We reserve the right to modify or remove portions of the Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately. Please check the Terms periodically for changes. Your continued use of the Applications following the posting of changes to our Terms of Service will mean you accept those changes.
Your submission of information through the Applications is governed by our Privacy Policy, which is herein incorporated by reference and also governs your use of the Applications, to understand our practices, including how we collect, use and disclose personal information from our users. You represent and warrant that any information you provide in connection with the Applications is and will remain accurate and complete, and that you will maintain and update such information as needed.
1. Use of the Applications
The services of the Applications are not intended for and should not be used by minors. You may only use the services of the Applications if you are at least 21 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or other uses that may occur on or through the Applications. You agree to comply with the Terms and any applicable additional terms and conditions.
You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use the Applications to make legitimate reservations or purchases and shall not use the Applications for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent LH or specific hotel policies, terms or conditions.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Applications, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Applications and information contained therein, or any aspect of the Applications, without the prior express consent from LH. Furthermore, you agree that you will not use our Applications for any purpose that is illegal, unlawful, or prohibited by our Terms of Service. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Applications in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use the Applications in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to the Applications, including, without limitation, if you violate any of the provisions of the Terms.
You represent that you have read, understand, agree to, and will comply with all provisions of our Terms of Service and any additional applicable terms and conditions, whether or not referenced herein.
2. Accounts/Passwords
We may enable you to establish an account with a username and password to access and use the certain areas of the Applications, and other related services. You are responsible for preserving the confidentiality of your login, password and account information. You will be financially accountable for all uses of the Applications by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
3. Promotional Information
The Applications may provide or display information relating to specific programs, offers, or promotions (collectively, the “Promotions”). Any such Promotions is subject to its specific terms, conditions and restrictions. Please read carefully and refer to the terms, conditions and restrictions of each Promotion. We reserve the right to alter or withdraw any such Promotions at any time without notice. Each Promotion is void where prohibited by law.
4. Links to Third Party Websites
The Applications may contain links to third party websites/mobile applications which we think may be of interest to you and are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such websites/mobile applications or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other website/mobile application.
Please exercise discretion while browsing the Internet and using the Applications. You should be aware that when you are using the Applications, you could be directed to other websites/mobile applications that are beyond our control. These other websites/mobile applications may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Your use of any such websites/mobile applications is subject to the terms and conditions of those websites and at your own risk. We are not responsible for the practices, services, products, or content of third party websites/mobile applications.
Additionally, you agree not to link your website/mobile application or any other third party website/mobile application to the Applications without express prior written consent of LH. In addition, certain actions within the Applications may result in specific advertising from third parties, including information that may be displayed in other windows or in third party websites/mobile applications. Such advertisers within the Applications may send cookies to users that we do not control.
5. Disclaimers
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE APPLICATION AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THE APPLICATIONS AND/OR INFORMATION CONTAINED THEREIN WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF THE APPLICATIONS, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ANY WEBSITE/MOBILE APPLICATION LINKED TO THE APPLICATIONS. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE APPLICATIONS, OR OTHERWISE CONNECTED WITH YOUR USE OF THE APPLICATIONS.
NO ORAL ADVICE, WRITTEN CORRESPONDENCE, OR INFORMATION PROVIDED BY US WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE MATERIAL CONTAINED IN THE APPLICATIONS IS FOR GENERAL REFERENCE ONLY. WE DO NOT WARRANT THAT THE MATERIALS CONTAINED IN THE APPLICATIONS ARE ACCURATE, CURRENT, COMPLETE, UPDATED, RELIABLE, OR USEFUL, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. WE DO NOT WARRANT THAT THE APPLICATIONS OR THE RELATED INFORMATION, SERVICES, CONTENTS, OR MATERIALS CONTAINED IN THE APPLICATIONS WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
WHILE WE TAKE COMMERCIALLY REASONABLE DATA SECURITY MEASURES AS DESCRIBED IN THE PRIVACY POLICY INCORPORATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE US OR ANY THIRD PARTY, AS NO SECURITY SYSTEM OR SYSTEM OF TRANSMITTING DATA OVER THE INTERNET CAN BE GUARANTEED TO BE ENTIRELY SECURE. YOU HEREBY WAIVE ANY CLAIM AGAINST LH WITH RESPECT TO INFORMATION SECURITY IN OUR APPLICATIONS AND ANY LINKED OR RELATED THIRD PARTY WEBSITES/MOBILE APPLICATIONS.
6. Submissions
We are pleased to hear from our customers and welcome your comments regarding the Applications and the products and services offered in connection therewith. We do not, however, accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings if any projects we undertake appear to be similar to someone else’s creative work. Please do not send us any unsolicited original creative materials of any kind.
If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any such Submissions. By submitting any such materials, you hereby assign us any right, title, and interest in or to the intellectual property rights subsisting in such submission, and in any event, whether or not such assignment is effective under applicable law, you grant us a perpetual right to unrestricted use of such submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.
7. Forums and Public Communication
If you participate in a chat area, messaging service, or e-mail function (collectively, the “Forum”) offered as part of the Applications, you must not: (a) defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to, or solicit others; (g) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Applications; (h) post or distribute any software or other materials which contain a virus or other harmful component; or (i) post material or make statements that do not generally pertain to the designated topic or theme of any chat room, messaging service or other service. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, messaging service, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
8. Indemnification
You will indemnify and hold LH, its subsidiaries, affiliates, officers, directors, agents, partners, employees, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and permitees (collectively, the “Indemnified Parties”) harmless from any allegations, claims, demands, liabilities, damages, fines, penalties, or costs of whatever nature (collectively, the “Claims”), including reasonable attorney's fees, arising out of or in any way connected with this Agreement, the services or products provided to you by the Applications, or any related act or failure to act by you, whether or not occasioned or contributed to by the negligence of the Indemnified Parties or any agent or employee of the Indemnified Parties (except as and to the extent prohibited by applicable law). Such acts or events include, without limitation, any Claims arising from your account or any Claims relating to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATIONS OR THE SERVICES OR FUNCTIONS OF THE APPLICATIONS OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE APPLICATIONS OR YOUR RELIANCE UPON, THE APPLICATIONS OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE APPLICATIONS, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE APPLICATIONS OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATIONS. IF YOU ARE DISSATISFIED WITH THE APPLICATIONS OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE APPLICATIONS.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THESE SITES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
10. Severability
If any part of the Terms is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of the Terms shall remain in full force and effect.
11. Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing use of the Applications and destroying all materials obtained from any and all such Applications and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Your access to the Applications may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Applications and destroy all materials obtained and all copies thereof, whether made under this Agreement or otherwise.
Notwithstanding the termination of this Agreement, you acknowledge and agree that the sections on Use of the Applications, Disclaimers, Limitation of Liability, Indemnification, Severability, Jurisdiction and Choice of Law and Digital Signature Provisions shall survive the termination of the Agreement.
12. Jurisdiction and Choice of Law
The products and services described in and available through the Applications may not be available in your country or state. Those who choose to access the Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Applications or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Applications and must exit immediately.
This Agreement and any dispute arising out of or related to the Agreement or use of the Applications shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of the Applications shall be in state or federal courts located in Delaware, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. Digital Signature Provisions
You represent and warrant that you have the legal right, power and authority to agree to this Agreement on behalf of yourself and the member, buyer or supplier participating in the Applications. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that the Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
14. Flexible Cancellation Policy
Flexible Cancellation - 3 Days
Reservations are confirmed at the time of booking with a valid credit card and a prepayment of the full booking amount (including taxes & fees). Reservations can be cancelled or modified without penalty 3 days or more prior to your scheduled check in date. Cancellations made 3 days prior to arrival or less are subject to a fee of 50% of your booking total. The Flexible Cancellation Option premium is non-cancellable and non-refundable.
Last Updated: 01/21/2022
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