Terms and Conditions1. VacationClix.com Reservation Program. VacationClix.com is a booking agent for recreational accommodation occupancy.
2. Registration: To complete a booking in the VacationClix Program, a completed Registration form, along with these Terms and Conditions (collectively "Registration"), must be submitted to VacationClix. VacationClix reserves the right, in its sole discretion, to reject any prospective customer ("Applicant") for any reason. Upon VacationClix advising an Applicant in writing that they have been accepted as a Registered User of VacationClix, the Applicant becomes a Registered User and the Registration Form constitutes a legally binding contract between VacationClix and Registered User ("Contract"). Notwithstanding the terms of this Application and the Contract into which VacationClix and Registered User will be deemed to have entered, VacationClix reserves the right to modify any of the terms, conditions and benefits set forth therein or otherwise afforded to Registered User at any time without prior notice.
a. Registered User Re-confirmation of Reservation. Registered User is responsible for reconfirming Registered Users reservation directly with the operator of the confirmed Resort Unit at least 48 hours in advance of Registered User?s and/or Guest's arrival date.
b. Cancellation of Reservation
By VacationClix. VacationClix may, in its sole discretion, cancel a reservation (i) if a confirmation to a Registered User/Guest by VacationClix becomes unavailable due to natural disaster, act of God, civil unrest, war, insurrection, over booking or any other reason beyond VacationClix?s control, and/or (ii) a Registered User becomes a Suspended Registered User following confirmation, but prior to completion, of a reservation. In such instance, the Registered User and/or Registered User's guest(s) ("Guest(s)") hereby waive(s), hold(s) VacationClix harmless for, and indemnify(ies) VacationClix against, any and all claims against VacationClix for damages and/or any and all losses, including but not limited to, special, consequential, general and/or punitive damages. In the event VacationClix, cancels a confirmation, there will be no refund of transaction fees, however, VacationClix may, in its sole discretion, provide a credit to the Registered User for alternative accommodations, subject to availability.
By Registered User. If Registered User and/or Guest(s) seek(s) to cancel a confirmed reservation more than 20 days in advance of the arrival date, Registered User will be given a credit by VacationClix for an alternative reservation, provided Registered User and/or Guest(s) pay another transaction fee for any subsequently confirmed reservation. Cancellation of a reservation 20 days or less prior to the arrival date, will result in a Registered User?s and/or Guest(s) forfeiture of the time confirmed.
c. Prohibitions. Among the other prohibitions set forth in this Application, and as otherwise may be adopted from time to time by VacationClix, in its sole discretion and without prior notice to Registered Users, the following prohibitions shall apply:
Lack of Due Care. Registered Users and their Guests at a Resort Unit are prohibited from conducting themselves or permitting the conduct of any other party in any manner which is in any regard not responsible, careful, respectful or securing of a Resort Unit.
Pets. Under no circumstances shall pets of Registered User and/or Guest(s) be permitted at Resort Unit(s).
Minors. Persons under 21 years of age are not entitled to the use of a VacationClix reservation or occupancy of a Resort Unit, unless accompanied by a person of at least 21 years of age.
Commercial Purpose. Neither VacationClix Registered User nor reservations may be used for any commercial purpose whatsoever, including but not limited to sale and/or rental income.
Occupancy Maximums. The total number of people occupying a Resort Unit must not exceed the maximum occupancy of the unit set forth in the reservation confirmation or guest certificate; otherwise, VacationClix, the Resort Unit and/or other appropriate party may refuse access and/or levy an additional charge. Registered User and/or Guest(s) agree(s) to pay for any such additionally levied charges.
d. Fees. All then-in-effect VacationClix fees for reservations, confirmations, accommodation bookings, and all other VacationClix fees if any, shall be paid when due by Registered User. Payment of all such fees are final, and no refunds, regardless of circumstances, shall be permitted, unless otherwise expressly stated in this Application.
e. Suspension of Reservation Privileges and Registered User. Should VacationClix deem, in its sole discretion, that (i) a Registered User and/or their Guest(s) damaged and/or otherwise caused losses to an accommodation, and/or (ii) Registered User and/or their Guest(s) have violated the terms of this Contract with VacationClix, then VacationClix shall be entitled at any time to, in its sole discretion, suspend a Registered User?s Registered User(s) and/or their Guest's participation in VacationClix, without credit to the Suspended Registered User(s) and/or Guest(s) for any Registered User and/or transaction fee(s) paid.
4. Assignment. A Registered User may assign a reservation confirmation as a gift to anyone of Registered User?s choice, provided: (i) Registered User advises VacationClix of such assignment (including relevant name, address and telephone numbers) and pays the then-applicable fee(s); (ii) it is understood that VacationClix reserves the right, in it?s sole discretion, to disapprove of such assignment, but such approval shall not be unreasonably withheld.
5. Registered User and Assignee's Liability. In addition to the liability provided for elsewhere in this Application, Registered User expressly agrees that they shall be liable, and bear all responsibility, for payment of any applicable taxes, personal expenses, utility charges, security deposits, damages, theft, losses and/or all other charges of any and all entities and other parties, incurred in connection with Registered User?s travels to and from, and stays at, the confirmed Resort Unit. When a Registered User has assigned a reservation confirmation and such assignment is approved by VacationClix, then Registered User further agrees that Registered User and his/her assignee(s) shall be jointly and severely liable, and bear all responsibility, for payment of all the same aforementioned taxes, expenses, charges, deposits, damages, theft, losses and/or other charges. Further, Registered User agrees that they and/or their assignees shall be responsible and liable for any and all damages, losses and/or theft caused, directly or indirectly, during their occupancy of, or while they have been afforded access to, a Resort Unit.
6. Limit of Liability, Indemnification and Defense.
a. The liability of VacationClix to Registered User and/or Registered User's Guests for actual damages and/or any other losses of any nature which appear to VacationClix, in its sole discretion, to be potentially (but not necessarily actually) meritorious and arise out of a reservation arranged by VacationClix for Registered User and/or Registered User's Guests shall be limited to, and not exceed, the single transaction fee paid for the accommodation giving rise to the alleged damages or other losses. Registered User?s and/or Registered User's Guest's entitlement to such refund of transaction fee shall be subject to Registered User and/or Registered User's Guests providing VacationClix with notice of Registered User?s and/or Registered User's Guest's damages and/or other losses within 30 days of Registered User?s and/or Guests actual or previously confirmed return date (whether Registered User and/or Guests utilize(s) an accommodation or not), whichever date is sooner. In no event shall VacationClix be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages. Any refund of the single transaction fee to a Registered User and/or Registered User's Guest shall not be construed as an admission by VacationClix of any liability of any kind to the Registered User and/or Guest(s). Acceptance of the refunded transaction fee by the Registered User and/or Registered User's Guest(s) shall constitute a full and complete accord and satisfaction, and release and hold harmless, in favor of VacationClix, as to all claims, demands, causes of actions and lawsuits against VacationClix.
b. Further, Registered User agrees that VacationClix shall have no liability whatsoever, and shall be held harmless, to Registered User and/or Guests of Registered User for any damages and/or any other losses of any nature which arise out of a reservation arranged by VacationClix including but not limited to, special, consequential, general or punitive damages. The sole recourse, if any, of Registered User and the other owners of Registered User's Resort Unit, for any such damages and/or any losses shall be against parties other than VacationClix. To the extent that any portion of a Registered User?s same damages and/or other losses are due to the actions or conduct of another Registered User or that other Registered User's Guest(s), Registered User and/or Registered User's Guest(s) hereby agrees to indemnify, hold harmless and defend VacationClix against any claims for such damages and/or any other losses, and Registered User and/or Registered User's Guest(s) further agree(s)to be responsible for and pay to any other Registered User all such damages and/or other losses. In no event shall VacationClix be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages.
c. Notice to VacationClix of Claims. Notwithstanding VacationClix?s limited liability as set forth herein, a condition of Registered User?s Registered User is that VacationClix receive written notice from Registered User or Guests of any and all claims within 30 days of the date such claims arise. The deadline for requesting and being entitled to a refund of a single transaction fee, however, is governed by the other provisions of this Application.
7. Attorneys' Fees and Costs. In any lawsuit, arbitration or other legal proceeding to enforce the terms of this Application and/or Contract created thereby, or otherwise recover damages and/or losses due VacationClix, VacationClix shall be entitled to recover against Registered User, Guest or otherwise any and all damages and/or losses, including but not limited to, reasonable attorneys? fees and other costs, whether incurred in connection with litigation or otherwise, provided VacationClix is the prevailing party in connection with any such matter. The ?prevailing party? for purpose of the foregoing shall be either (i) VacationClix or (ii) Registered User and/or Guest and/or otherwise, and shall be the party receiving the more favorable determination as to the disputed matter.
In any lawsuit, arbitration or other legal proceeding into which VacationClix is brought as a direct or indirect result of the acts and/or omissions of Registered User, Registered User's Guest(s) or otherwise, Registered User and/or Registered User's Guest(s) or other party shall indemnify and hold harmless VacationClix for any and all damages and/or losses, and defend VacationClix in connection with any such proceeding.
8. Binding Effect. Any and all references to ?VacationClix? in this Application shall include VacationClix?s parent companies, affiliated companies, subsidiaries, shareholders, directors, agents and employees. References to ?Registered User? and/or ?Guest(s)" in this Application shall include the respective VacationClix Registered User, his/her guests and/or assignees and/or all other related agents and parties.
9. Severability and Construction. If any one or more of the provisions herein is determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative. Moreover, this Application and resulting Contract shall be deemed to have been created by both VacationClix and the Registered User.
10. Governing Law. This Application and resulting Contract shall be deemed made and entered into in the State of California and shall in all respects be interpreted, enforced and governed in accordance with the laws of the State of California. VacationClix and Registered User consent to personal jurisdiction before the courts of San Francisco County, California, and the United States District Court for the Northern District of California. Registered User waives any objection which it may now or hereafter have to exclusive venue in San Francisco County, California of any suit, action or proceeding arising out of or in any way relating to this agreement and the obligations created hereunder, and Registered User further waives any claim that San Francisco county, California is not a convenient forum for any such suit, action or proceeding.
11. Waiver. The failure of VacationClix to insist in any one or more respects upon strict performance of any terms and conditions of this Application and the Contract created thereby shall not be deemed a waiver or relinquishment of any right or of the future performance of any such term or condition, but the obligations of each party shall continue in full force and effect.
12. Headings. The paragraph headings in this Application and resulting Contract are for reference purposes only and shall not have any substantive effect.
13. Quality Control. In the interest of quality control, and otherwise, telephone conversations may be recorded from time to time, and Registered User hereby consents to such recording.
14. Confidentiality. Any and all communications, including email, written, oral or otherwise, between VacationClix and Registered User(s) is privileged and confidential information intended only for the use of the individual(s) or entity named on the communication. Dissemination of this information without the written consent of VacationClix is strictly prohibited and shall be deemed a breach of confidentiality and is subject to legal action.
15. VacationClix reserves the right to modify or change any of the Terms and Conditions at any time without prior notification to Registered Users and/or Guest(s).