1. Vacationclix.com Reservation Program. Vacationclix.com hereinafter referred to as "The Company" is a booking agent for recreational accommodation occupancy. The Company Reservation Program is owned and operated by “The San Francisco Exchange Company aka SFX Preferred Resorts”.
2. Customer: By booking a unit of accommodations, “Customer” agrees to be bound by the following Terms & Conditions. The Company reserves the right, in its sole discretion, to reject any prospective “Customer” for any reason. Upon “Customer” booking a The Company accommodation, the “Customer” and the “Terms & Conditions” constitutes a legally binding contract between The Company and Customer (“Contract”). Notwithstanding the terms of this Contract and the Contract into which The Company and Customer will be deemed to have entered, The Company reserves the right to modify any of the terms, conditions and benefits set forth therein or otherwise afforded to Customer at any time without prior notice.
a. Customer Re-confirmation of Reservation. Customer is responsible for reconfirming Customer’s reservation directly with the confirmed Resort Unit at least 48 hours in advance of Customer’s and/or Guest’s arrival date.
b. Cancellation of Reservation
By The Company. The Company may, in its sole discretion, cancel a reservation (i) if a confirmation to a Customer/Guest by The Company becomes unavailable due to natural disaster, act of God, civil unrest, war, insurrection, over booking or any other reason beyond The Company’s control, and/or (ii) a Customer becomes a Suspended Customer following confirmation, but prior to completion, of a reservation. In such instance, the Customer and/or Customer’s guest(s) (“Guest(s)”) hereby waive(s), hold(s) The Company harmless for, and indemnifies The Company against, any and all claims against The Company for damages and/or any and all losses, including but not limited to, special, consequential, general and/or punitive damages. In the event The Company, cancels a confirmation, there will be no refund of transaction fees, however, The Company may, in its sole discretion, provide a credit to the Customer for alternative accommodations, subject to availability.
By Customer. Customer and/or Guests may cancel their reservation up to 30 days prior to arrival date. All transactions are final, and there are no refunds. “Customer” will receive a credit towards a future booking for comparable accommodations, which must be redeemed and occupied within six months from the date of cancellation. Unless stated otherwise in offer.
c. Prohibitions. Among the other prohibitions set forth in these “Terms & Conditions”, and as otherwise may be adopted from time to time by The Company, in its sole discretion and without prior notice to Customers, the following prohibitions shall apply:
Lack of Due Care. Customers 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 Customer 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 The Company reservation or occupancy of a Resort Unit, unless accompanied by a person of at least 21 years of age.
Commercial Purpose. Neither The Company Customer nor reservations may be used for any commercial purpose whatsoever, including but not limited to sale and/or rental income without prior written consent from The Company.
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, The Company, the Resort Unit and/or other appropriate party may refuse access and/or levy an additional charge. Customer and/or Guest(s) agree(s) to pay for any such additionally levied charges.
d. Fees. All then-in-effect The Company fees for reservations, confirmations, accommodation bookings, and all other The Company fees if any, shall be paid when due by Customer. Payment of all such fees is final, and no refunds, regardless of circumstances, shall be permitted, unless otherwise expressly stated in this Contract.
e. Suspension of Reservation Privileges and Customer. Should The Company deem, in its sole discretion, that (i) a Customer and/or their Guest(s) damaged and/or otherwise caused losses to an accommodation, and/or (ii) Customer and/or their Guest(s) have violated the terms of this Contract with The Company, then The Company shall be entitled at any time to, in its sole discretion, suspend a Customer’s Customer(s) and/or their Guest’s participation in The Company, without credit to the Suspended Customer(s) and/or Guest(s) for any Customer and/or transaction fee(s) paid.
f. Your credit card is safe and secure. We do not store your payment information. We use an industry-leading billing agency to handle all credit card transactions. All credit card data is encrypted by an SSL/TLS1.2 connection when transmitting to their PCI-compliant network.
4. Assignment. A Customer may assign a reservation confirmation as a gift to anyone of Customer’s choice, provided: (i) Customer advises The Company of such assignment (including relevant name, address and telephone numbers) and pays the then-applicable fee(s); (ii) it is understood that The Company reserves the right, in its sole discretion, to disapprove of such assignment, but such approval shall not be unreasonably withheld.
5. Customer and Assignee’s Liability. In addition to the liability provided for elsewhere in this Contract, Customer 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 Customer’s travels to and from, and stays at, the confirmed Resort Unit. When a Customer has assigned a reservation confirmation and such assignment is approved by The Company, then Customer further agrees that Customer 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, Customer 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 The Company to Customer and/or Customer’s Guests for actual damages and/or any other losses of any nature which appear to The Company, in its sole discretion, to be potentially (but not necessarily actually) meritorious and arise out of a reservation arranged by The Company for Customer and/or Customer’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. Customer’s and/or Customer’s Guest’s entitlement to such refund of transaction fee shall be subject to Customer and/or Customer’s Guests providing The Company with notice of Customer’s and/or Customer’s Guest’s damages and/or other losses within 30 days of Customer’s and/or Guests actual or previously confirmed return date (whether Customer and/or Guests utilize(s) an accommodation or not), whichever date is sooner. In no event shall The Company 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 Customer and/or Customer’s Guest shall not be construed as an admission by The Company of any liability of any kind to the Customer and/or Guest(s). Acceptance of the refunded transaction fee by the Customer and/or Customer’s Guest(s) shall constitute a full and complete accord and satisfaction, and release and hold harmless, in favor of The Company, as to all claims, demands, causes of actions and lawsuits against The Company.
b. Further, Customer agrees that The Company shall have no liability whatsoever, and shall be held harmless, to Customer and/or Guests of Customer for any damages and/or any other losses of any nature which arise out of a reservation arranged by The Company including but not limited to, special, consequential, general or punitive damages. The sole recourse, if any, of Customer and the other owners of Customer’s Resort Unit, for any such damages and/or any losses shall be against parties other than The Company. To the extent that any portion of a Customer’s same damages and/or other losses are due to the actions or conduct of another Customer or that other Customer’s Guest(s), Customer and/or Customer’s Guest(s) hereby agrees to indemnify, hold harmless and defend The Company against any claims for such damages and/or any other losses, and Customer and/or Customer’s Guest(s) further agree(s) to be responsible for and pay to any other Customer all such damages and/or other losses. In no event shall The Company be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages.
c. Notice to The Company of Claims. Notwithstanding The Company’s limited liability as set forth herein, a condition of Customer’s Customer is that The Company receive written notice from Customer 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 Contract.
7. Attorneys’ Fees and Costs. In any lawsuit, arbitration or other legal proceeding to enforce the terms of this Contract and/or Contract created thereby, or otherwise recover damages and/or losses due The Company, The Company shall be entitled to recover against Customer, 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 The Company is the prevailing party in connection with any such matter. The prevailing party for purpose of the foregoing shall be either (i) The Company or (ii) Customer 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 The Company is brought as a direct or indirect result of the acts and/or omissions of Customer, Customer’s Guest(s) or otherwise, Customer and/or Customer’s Guest(s) or other party shall indemnify and hold harmless The Company for any and all damages and/or losses, and defend The Company in connection with any such proceeding.
8. Binding Effect. Any and all references to The Company in this Contract shall include The Company’s parent companies, affiliated companies, subsidiaries, shareholders, directors, agents and employees. References to Customer and/or Guest(s) in this Contract shall include the respective The Company Customer, 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 Contract and resulting Contract shall be deemed to have been created by both The Company and the Customer.
10. Governing Law. This 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. The Company and Customer consent to personal jurisdiction before the courts of San Francisco County, California, and the United States District Court for the Northern District of California. Customer 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 Customer 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 The Company to insist in any one or more respects upon strict performance of any terms and conditions of this Contract 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 Contract 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 Customer hereby consents to such recording.
14. Confidentiality. Any and all communications, including email, written, oral or otherwise, between The Company and Customer(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 The Company is strictly prohibited and shall be deemed a breach of confidentiality and is subject to legal action.
15. The Company reserves the right to modify or change any of the Terms and Conditions at any time without prior notification to Customers and/or Guest(s).