The website located under the domain www.hiddenbeachresort.com (the "Website") is operated by Karisma Hotels and Resorts Corporation ("we," "our," "us"), a British Virgin Islands business company. We provide business management services for certain hotels and resorts in Mexico that are owned and operated by third party hotel owners and hotel asset managers, including Hidden Beach Resort ("Karisma Hotels and Resorts"). Karisma Hotels and Resorts, our and their affiliates, and our and their third party service providers and suppliers are referred to herein as "Affiliated Parties."
YOUR USE OF THE WEBSITE: By accessing the Website, you (i) agree to provide true, accurate, and current information about yourself as prompted on the Website and (ii) agree to comply with all applicable laws in connection with your use of the Website. The services of this Website are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Website, you represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. 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 agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any content included therein without our prior written permission. You further agree that you will not (i) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, (ii) interfere or attempt to interfere with the proper functioning of the Website or take any action intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information, or (iii) make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
USER CONTRIBUTED CONTENT: You may not post, submit, or transmit any content that violates any applicable law, regulation, or rule. You are solely responsible for any content that you post. We may elect to monitor areas of the Website by electronic or other means, but we are not responsible for screening, policing, editing, or monitoring user-contributed content.
By posting any content on the Website, you hereby grant us and our Affiliated Parties a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world. You warrant and represent that you own or otherwise control all of the rights in and to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.
We respect the intellectual property rights of others and expect our Website users to do the same. We may remove content that in our sole discretion appears to infringe the intellectual property rights of others. If you believe that any content on the Website infringes your copyrights, please notify our Copyright Agent, as identified below, and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (2) an identification of the work claimed to have been infringed; (3) a detailed description of the material that you claim is infringing, including identification of the URL or other specific location on the Website where the material is located, so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the copyright owner.
PASSWORDS:You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your user information and passwords, and accept responsibility for all activities that occur under your account or password. Without limiting the foregoing, neither we nor our Affiliated Parties take any responsibility or assume any liability for any content posted or submitted by you or any users of your account.
LINKS TO THIS WEBSITE: Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy as follows: (i) any link to this Website must be a text only link clearly marked "Karisma Hotels and Resorts"; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our or our Affiliated Parties´ names and trademarks; (iii) the link must "point" to this Website´s homepage and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; (v) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking Website; and (vi) we reserve the right to revoke consent to the link at any time and in our sole discretion.
MIS-COMMUNICATIONS / LOST TRANSACTIONS: We and our Affiliated Parties are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications, or any incorrect or inaccurate information you provide to us.
We and our Affiliated Parties may cancel or modify reservations where it appears that a user 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.
You agree that neither us nor any Affiliated Party are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on this Website that are not processed or accepted for any reason.
PERSONAL INFORMATION, CREDIT CARD INFORMATION:
YOU AGREE THAT NEITHER US NOR ANY AFFILIATED PARTIES ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE. YOU AGREE THAT NEITHER US NOR ANY AFFILIATED PARTIES ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER US NOR ANY AFFILIATED PARTIES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
TRAVEL DESTINATIONS: Travel to certain destinations may involve greater risk than others and may require certain documents. We urge passengers to review travel requirements, prohibitions, warnings, announcements and advisories issued by the United States Government or governmental agencies of other countries prior to booking travel to international destinations. Information on travel requirements, conditions in various countries, as applicable, and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS WEBSITE IS ADVISABLE OR WITHOUT RISK, AND NEITHER US NOR ANY AFFILIATED PARTY SHALL BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
You agree to pay all amounts, duties, taxes, and related charges arising out of your use of this Website and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted fee. You agree to comply with all policies and rules set forth by our Affiliated Parties, including penalty fees arising from your failure to comply with such policies rules. You understand that any violation of any Affiliated Party´s policies or rules may result: in cancellation of your reservation(s) or purchase(s); in your being denied access to any flight(s), hotel(s), automobile(s), activities, or service(s); in your forfeiting any monies paid for such reservation(s) or purchase(s); and in us or our Affiliated Parties debiting your account for any costs we or such Affiliated Parties incur as a result of such violation. You also agree to allow us to charge the credit card on file with us for the payment of penalties arising from your failure to comply with such rules. Such payment will be collected without additional notice.
YOU AGREE THAT KARISMA HOTELS AND RESORTS CORPORATION IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY AFFILIATED PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SERVICES OR PRODUCTS PROVIDED BY AFFILIATED PARTIES. KARISMA HOTELS AND RESORTS CORPORATION HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
DENIAL OF ACCESS: In our sole discretion, in addition to any other rights or remedies available to us, and without any liability whatsoever to you, we, at any time and without notice, may terminate or restrict your access to this Website and any related services. If asked to do so, you agree that you will not attempt to access this Website.
Guests have the right to cancel a reservation at any time, but there may be penalties from the resort, plus other travel suppliers like the transport company, airline and travel insurance company that may have been contracted at the time of the room booking.
When you cancel a reservation, Hidden Beach may charge up to a $75 administrative fee per person. In addition, the following compensatory fees apply:
• If you cancel your booking seven to 30 days before your scheduled arrival date, you’ll be charged the cost of your first night.
• Cancellations made six days or less before your arrival date will be charged twice the first-night cost.
These fees are not refundable, redeemable, transferable or exchangeable. Higher fees may apply for holidays or special events.
ADDITIONAL TERMS: Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Website, and you agree to abide by such other terms and conditions.
The offering of any product or service on this Website does not imply or warrant that such product or service will be available at any time. We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. We may also impose limits on certain features of the Website or restrict access to any part or all of the Website without notice or penalty.
EXCLUSION OF WARRANTY, DISCLAIMER: YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. KARISMA HOTELS AND RESORTS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. KARISMA HOTELS AND RESORTS CORPORATION AND ITS AFFILIATED PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY KARISMA HOTELS AND RESORTS CORPORATION WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY:TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KARISMA HOTELS AND RESORTS CORPORATION, ITS AFFILIATED PARTIES, OR ANY OF THEIR AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS WEBSITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY KARISMA HOTELS AND RESORTS CORPORATION OR ITS AFFILIATED PARTIES OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KARISMA HOTELS AND RESORTS CORPORATION, ITS AFFILIATED PARTIES, OR ANY OF THEIR AGENTS, REPRESENTATIVES, OR LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT KARISMA HOTELS AND RESORTS CORPORATION IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU, IF ANY, THAT WERE NOT PROVIDED TO YOU.
JURISDICTION: We make no representation that the information in this Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website or use of the products offered herein may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.