AGREEMENT BETWEEN CUSTOMER AND ROCKY MOUNTAIN GETAWAYS.
The Rocky Mountain Getaways website, herein referred to as the \”Website\”, is provided solely to assist customers in gathering travel information and for no other purposes. The terms \”we\”, \”us\”, and \”our\” refer to Rocky Mountain Getaways, Inc., a Colorado corporation. The term \”you\” refers to the customer visiting the Website and/or booking a reservation through our sales representatives.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the \”Agreement\”) as well as those listed in the \”Credit Card Authorization\” agreement required to be electronically signed before any reservations can be confirmed and processed by Rocky Mountain Getaways, Inc. By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services through our sales representatives, you agree that this Agreement shall apply to all such transactions. If you do not accept all of the terms and conditions in the Agreement, please do not use this Website or make bookings through our sales representatives. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website and making a booking through our sales representatives, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to gather information for making legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you during the booking process is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier\’s rules and restrictions regarding availability and use of fares, products, or services. Some lodging suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Rocky Mountain Getaways, Inc. for your lodging booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participate in the service and/or activity they offer. You understand that any violation of any such supplier\’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
SUBMISSIONS
Please be aware that by submitting content to Rocky Mountain Getaways, Inc. by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, \”Submissions\”), you grant Rocky Mountain Getaways, Inc., a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Rocky Mountain Getaways, Inc. may choose to provide attribution of your submission at our discretion, and that such submissions may be shared with our supplier partners. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Rocky Mountain Getaways, Inc. may exercise its rights to any content you submit without notice to you.
PREPAID LODGING RESERVATIONS
You acknowledge that Rocky Mountain Getaways, Inc. pre-negotiates certain room rates with lodging suppliers to facilitate the booking of reservations on your behalf. The room rate presented by our sales representatives is a combination of the pre-negotiated room rate for rooms reserved on your behalf and the facilitation fee retained by the Rocky Mountain Getaways, Inc. for our services. You authorize Rocky Mountain Getaways, Inc. to book reservations for the total reservation price, which includes the room rate, plus tax recovery charges, service fees, and where applicable, taxes on Rocky Mountain Getaways, Inc.\’s services. You agree that your credit card will be charged by Rocky Mountain Getaways based on the pricing schedules listed in our \”Credit Card Authorization\” agreement. Upon submitting your electronically signed \”Credit Card Authorization\” agreement you authorize Rocky Mountain Getaways, Inc. to facilitate lodging reservations on your behalf, including making payment arrangements with lodging suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Rocky Mountain Getaways, Inc. does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid lodging transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Rocky Mountain Getaways, Inc. pays to the lodging supplier for taxes due on the rental rate for the room. Lodging suppliers invoice Rocky Mountain Getaways, Inc. for tax amounts. Lodging suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Rocky Mountain Getaways, Inc. does not act as co-vendor with the supplier with whom we book or reserve our customer\’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Rocky Mountain Getaways, Inc. to the lodging suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the lodging by our customers. Service fees retained by Rocky Mountain Getaways, Inc. for our services vary based on the amount of the reservation.
You may cancel or change your prepaid lodging reservation, but you will be charged the cancellation or change fee indicated in the \”Credit Card Authorization\” agreement. If you do not cancel or change your reservation before the cancellation policy period applicable to your specific reservation prior to your date of arrival, you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. No-shows will not be afforded any refund on any amounts collected prior to the travel dates.
You agree to pay any cancellation or change fees that you incur. Most lodging providers do not permit changes to or cancellations of reservations after they are made, as indicated in the \”Credit Card Authorization\” agreement. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
LOSS DISCLAIMER
Rocky Mountain Getaways, Inc. does not represent or warrant that travel to the destinations we represent is advisable or without risk, and is not liable for damages or losses that may result from travel to these destinations. Many of our travel offerings include activities that may result in bodily injury, property loss, or death. You agree to not hold Rocky Mountain Getaways, Inc. responsible in any way, monetarily or otherwise, for bodily injury, property loss, or death resulting in activities arranged by Rocky Mountain Getaways, Inc. or any other entity before, during, or following your travel.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE OR PROVIDED BY OUR SALES REPRESENTATIVES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, ROCKY MOUNTAIN GETAWAYS, INC. DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE LODGING, AIR, CAR AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE OR PROVIDED BY OUR SALES REPRESENTATIVES (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF LODGING AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, ROCKY MOUNTAIN GETAWAYS, INC. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE, PRESENTED BY OUR SALES REPRESENTATIVES VERBALLY OR IN WRITTING, AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
LODGING REVIEWS AND PRICING CATEGORIES THAT ARE DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND ROCKY MOUNTAIN GETAWAYS, INC. DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. ROCKY MOUNTAIN GETAWAYS, INC. AND OUR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. ROCKY MOUNTAIN GETAWAYS, INC. AND OUR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
ROCKY MOUNTAIN GETAWAYS, INC. AND OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ROCKY MOUNTAIN GETAWAYS, INC. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED \”AS IS\” WITHOUT WARRANTY OF ANY KIND. ROCKY MOUNTAIN GETAWAYS, INC. AND OUR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM ROCKY MOUNTAIN GETAWAYS, INC. AND/OR OUR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKY MOUNTAIN GETAWAYS, INC. AND OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, LODGING PROVIDERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ROCKY MOUNTAIN GETAWAYS, INC. ROCKY MOUNTAIN GETAWAYS, INC. IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ROCKY MOUNTAIN GETAWAYS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL ROCKY MOUNTAIN GETAWAYS, INC. AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ROCKY MOUNTAIN GETAWAYS, INC. AND/OR OUR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Rocky Mountain Getaways, Inc. or our respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Rocky Mountain Getaways, Inc. and/or our respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Rocky Mountain Getaways, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Rocky Mountain Getaways, Inc. and/or our respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify Rocky Mountain Getaways, Inc. and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on your billing summary provided by Rocky Mountain Getaways, Inc. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Rocky Mountain Getaways, Inc. may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction.
GENERAL
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website or any interactions with our sales representatives within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Rocky Mountain Getaways, Inc. with respect to this Website or any interactions with our sales representatives and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Rocky Mountain Getaways, Inc. with respect to this Website or any interactions with our sales representatives. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Photos used on this Website are offered as representations of the destinations, lodging, and other products and may not be the actual destination, lodging, or product described in the copy.
Any rights not expressly granted herein are reserved.
