Terms and Conditions
ResortPass, Inc. and/or its affiliates (“ResortPass”) provides its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
2. About the Site The Site is a platform through which certain third-party hotels (“Hotels”) sell to Site users (“Day Guests”) various day passes giving them access to specific Hotel facilities and promotions (“Inventory”). Hotels are the sellers and issuers of the Inventory and are solely responsible to you for the condition of the Hotels’ facilities, their employees, staff, and personnel and the care, quality, and delivery of the goods and services provided.
Day Passes and other available programs and pricing on the Site may change at any time in ResortPass’ sole discretion, without notice.
3. Electronic Communication The communications between you and ResortPass are electronic. You consent to receive communications from ResortPass in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
5. Use of the Sites and Services Your permission to use the Sites and/or Services is conditioned upon your agreement that you: are 18 years of age or older to use the Site; will comply with these Terms; are able to form a binding contract with us; are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us; are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us; will not impersonate another user of the Sites and/or Services.
6. Access to the Sites and Services Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from: any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon; any collection and use of any descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to ResortPass, the Hotels or any other merchants featured hereunder or any commercial purpose, including marketing; any downloading or copying of Site or account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; deep-linking to any portion of the Site; framing or utilizing framing techniques to enclose any portion of the Site without express written consent; using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights; using the Site and/or Services to generate unsolicited email advertisements or spam; or using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms.
7. Your Account You may register to use the Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify ResortPass immediately of any unauthorized use of your account.
You understand and agree that ResortPass shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. Upon termination, the provisions of these Terms that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
8. Terms of Sale ResortPass provides consumers with opportunities to book Inventory from certain third-party Hotels. By purchasing, printing, accepting, using or attempting to use any Inventory, you agree to these Terms, the Fine Print (defined below) identified on the Inventory details page and/or any additional specific terms related to the Inventory at the time of purchase. These Terms apply to all Inventory, unless the Fine Print on a particular Inventory states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Inventory, the Fine Print will control, except to the extent prohibited by applicable law.
How it Works By booking Inventory, you are agreeing to purchase the Inventory you have selected on the terms, restrictions and conditions associated with the Inventory. Once you have made your booking , your credit card or other payment mechanism will be charged for the amount of the Inventory and you will receive confirmation of your booking of the Inventory.
In addition to the terms set forth herein, each Inventory may come with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Inventory). You acknowledge that Hotels may also require you to sign their liability waiver prior to granting you access to their facilities.
Unless otherwise stated on the Inventory or required by law, the following additional terms apply to all Inventory: The Day Guest must check-in at the Hotel as specified in the instructions of the Inventory by presenting a valid ID or their booking ID. Day Guests may not redeem Inventory for cash at the Hotel. Inventory cannot be used for taxes, tips or redemption of prior balances.
If you have disability needs (for example only, you need a wheelchair accessible pool or require the use of a service animal) you must call the Hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the Hotel, please contact ResortPass for further assistance
Inventory bookings can be changed or cancelled in accordance with the cancellation window set forth by the Hotel as stated on the Hotel Page. You can cancel or reschedule your booking for ResortPass Credit by logging into your account online. Alternatively, you can contact ResortPass with any cancellation or refund requsts. Cancellation windows are subject to change without notice. If for some reason the Inventory is cancelled or rescheduled by us or the Hotel, we will send you an email notifying you prior to such cancellation or rescheduling. If the Inventory is rescheduled, our email to you will include the new date for your selected Inventory. If you cannot make the new date for the Inventory, you will be entitled to a refund of the amount paid upon request. If, however, the Inventory is cancelled and will not be rescheduled, we will automatically refund you the amount paid.
Hotel is the Issuer. The Hotel is the issuer of the Inventory and is solely responsible for receiving Day Guests. The Hotel is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of Inventory or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Inventory. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS RELATED TO, AND RELEASE RESORTPASS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM, ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF A HOTEL IN CONNECTION WITH YOUR USE OF INVENTORY OR THE PRODUCTS AND/OR SERVICES IT PROVIDES IN CONNECTION WITH IT.
Pricing Information. The price of Inventory (or other products and services) will be as displayed in the booking calendar for each Hotel, except in cases of obvious error. ResortPass strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. ResortPass reserves the right, at its sole discretion, to not process or to cancel any bookings made for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, ResortPass will notify you by email.
9. Other Services In addition to Inventory, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase.
10. Ownership of the Sites and Copyright/Trademarks The Sites (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites (collectively, the “Content”) are owned, controlled or licensed by ResortPass.
The Content is protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. All trademarks, service marks and logos (the “Trademarks”) displayed on the Site are exclusive property of ResortPass or the respective owners of the Trademarks. You shall not use the Trademarks in any manner without ResortPass’, or the respective owner’s, prior written consent.
The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of ResortPass, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
12. No Agency Relationship ResortPass does not agree to act as your agent or fiduciary in providing services through the Site.
13. Information and Content Submitted by You The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. ResortPass reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of ResortPass.
If you do post User Content or submit material, and unless we indicate otherwise, you grant ResortPass a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant ResortPass and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify ResortPass for all claims resulting from User Content you supply. ResortPass takes no responsibility and assumes no liability for any User Content posted by you or any third party.
14. Product Submissions ResortPass does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of ResortPass (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to ResortPass through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to ResortPass the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
15. Termination If you want to terminate your legal Agreement with ResortPass, you may do so by: (A) notifying ResortPass at [email protected] or (B) closing your accounts for all of the Services that you use.
ResortPass may, at any time, terminate this Agreement with you if: (i) you have breached any provision of this Agreement or you do not comply with the Agreement; (ii) ResortPass is required by law to do so; (iii) the partner with whom ResortPass has offered the Services to you has terminated its relationship with ResortPass or ceased to offer the Services to you; (iv) ResortPass no longer provides Services in the country in which you reside; or (v) ResortPass determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, ResortPass reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, ResortPass may immediately terminate or suspend any User IDs, accounts or passwords in the event of any conduct by you which ResortPass, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Inventory issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Inventory. These Terms will survive termination of this Agreement.
16. Exclusion of Warranties WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT RESORTPASS’ WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RESORTPASS REPRESENTATIVE SHALL CREATE A WARRANTY.
17. Limitation of Liability SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESORTPASS, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH HOTELS AND OTHER THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE RESORTPASS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A HOTEL OR OTHER THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A HOTEL OR OTHER THIRD-PARTY MERCHANT.
ANY HOTEL RATINGS OR REVIEWS DISPLAYED ON THE SITES ARE INTENDED ONLY AS GENERAL GUIDELINES AND RESORTPASS DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in San Diego, California.
19. Indemnification/Release You agree to defend, indemnify and hold harmless ResortPass, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Inventory, products or services purchased by you through the Site or any additional products or services purchased or obtained by you from Hotels or other merchants; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
You are solely responsible for your interactions with Hotels, other merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release ResortPass from any and all claims or liability related to any product or service of a Hotel or other merchant, regardless of whether such product or service is Inventory available through the Site, any action or inaction by a Hotel, including, without limitation, but not limited to any harm caused to you by action or inaction of a Hotel, a Hotel’s failure to comply with applicable law and/or failure to abide by the terms of Inventory or any other product or service purchased or obtained by you from the Hotel, and any conduct, speech or User Content, whether online or offline, of any other third-party. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
20. Applicable Law By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and ResortPass that arises out of this Agreement shall be governed by the laws of the state of California without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
22. General Terms You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND RESORTPASS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO RESORTPASS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
Last Updated: August 10, 2018