TERMS AND CONDITIONS OF SERVICE
ARTICLE I: GENERAL PROVISIONS AND ACCEPTANCE
Section 1.01. Introduction and Scope of Agreement
This legally binding instrument (the "Agreement") is executed by and between you, the customer or user (hereinafter referred to as the "Customer"), and Reservhotel Inc. (hereinafter referred to as "RH"), its affiliates, and the Hotel (collectively, the "Parties"). The Hotel has engaged RH to host and operate this private, white-label travel booking engine to offer a consolidated source for purchasing travel services, including, but not limited to, hotel accommodations and airline/ferry/cruise tickets (if applicable).
RH functions solely as a fully appointed by the hotel as a qualified, full-service reservation technology service provider. This Agreement delineates the terms and conditions applicable to the services available, outlines the Customer’s responsibilities, and expressly limits the liability of RH and the Hotel.
Section 1.02. Acceptance of Terms
Your use of this website or the purchase of any travel components constitutes your explicit and binding acceptance of all terms, conditions, and notices contained within this Agreement. You must read this Agreement in its entirety before remitting any payment. Should you disagree with any portion of this Agreement, your use of this site is strictly prohibited. All users of this site must be 18 years of age or older and have the legal authority to enter into contracts.
Section 1.03. Mistake rates
RH generally considers "mistake fares"—exceptionally low prices caused by technical glitches or human error—as non-binding contracts, allowing us to cancel tickets/stays and provide full refunds. While RH/Hotel may offer a "gesture of goodwill" (e.g., travel vouchers) it shall not be require
ARTICLE II: BOOKING, MODIFICATIONS, AND CANCELLATIONS
Section 2.01. Review and Accuracy
The Customer is required to carefully review the itinerary for any errors or discrepancies immediately upon receipt. Any and all fees incurred resulting from a reissue of the itinerary due to Customer error or discrepancy shall be the sole responsibility of the Customer. All information supplied by Customer is true, accurate, current and complete.
If you book on behalf of others: you will obtain their authorization prior to acting on their behalf you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms, and you will be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.
Section 2.02. Voluntary Modifications (Changes)
All voluntary changes to a confirmed booking are subject to the rules and penalties imposed by the respective airline, ferry, cruise, rail, hotel, and/or agency as applicable. A non-refundable modification fee of fifty United States Dollars (USD $50) per itinerary may be levied by RH, in addition to any applicable provider penalties or increases in fare/price resulting from a change in reservation due to booking accuracy errors.
Section 2.03. Pricing, Taxes, and Fees
The advertised package price is exclusive of certain third-party fees and charges, which remain the financial obligation of the Customer. These costs include, but are not limited to:
- Airline fees for baggage, seat selection, and ancillary in-flight services (if applicable).
- Ferry fees for baggage, seat selection, and ancillary services (if applicable)
- Cruise fees for baggage, seat selection, and ancillary services (if applicable)
- Resort fees, facility fees, and porterage charges levied directly by the hotel upon check-out.
- Foreign transaction, currency conversion, or exchange rate fees, which the Customer must verify with their financial institution.
Section 2.04. Cancellations and Refunds
- Penalties: Cancellation penalties are subject to the individual rules of the airline/ferry/cruise and the hotel, which may impose stricter conditions during "High Season" (e.g., peak winter, holidays) and special events.
- Notice Requirement: Cancellation notices must be furnished to RH in writing no less than two (2) business days prior to the scheduled departure date. Verbal cancellations shall not be deemed valid or accepted.
- Failure to Appear (No-Show): No refunds will be issued for the Customer’s failure to appear for departure at the designated time and place (a "No-Show") or if denial of boarding or entry to a foreign country results from improper or insufficient documentation.
Section 2.05. Emergency Policy (Force Majeure Event)
In the event a travel element is deemed hazardous to the Customer—such as, but not limited to, a named hurricane within forty-eight (48) hours of the destination, earthquake, or a United States State Department advisory recommending "No Travel"—the Customer is permitted a single, one-time travel plan change without incurring penalties from RH subject to the approval of all reservation component providers. Notwithstanding this provision, any costs imposed by third-party providers, including any increase in the price of airfare or land elements, shall be the sole responsibility of the Customer.
ARTICLE III: PAYMENTS, FRAUD, AND INDEMNIFICATION Section
3.01. Payment Processing
Some charges processed for reservations may appear on the Customer's statement under the descriptor “Reservhotel.” This is part of the stay at the hotel. What was shown on the checkout page will be the final total and this charge is reflective of this. Guests may also receive charges from the airline/ferry/cruise (if applicable) directly, hotel or hotel management company for the remaining balance. This shall be displayed in the confirmation page and all subsequent emails.
Section 3.02. Credit Card Declines
In the event of a credit card payment decline, RH shall attempt to process the payment daily and endeavor to contact the Customer. Failure to obtain payment authorization may result in the immediate cancellation of the booking and the application of standard cancellation penalties.
Section 3.03. Fraud and Verification
- Verification: RH reserves the right to request supplemental documentation (such as a copy of a government-issued identification, passport, or the credit card used) to verify the Customer’s identity and the validity of the payment.
- Security: All such data shall be collected via a secured, encrypted service to ensure privacy and protection.
- Cancellation: Failure to provide a timely response to any verification request within twelve (12) hours may result in the immediate cancellation of the reservation and the application of standard penalties.
- Chargebacks: RH reserves the right to refuse any future service to a Customer who initiates a chargeback for any travel component unless the resulting debt is fully satisfied.
- Fraudulent Activity: If a booking is reasonably suspected by RH to be associated with fraud, abuse, a government-sanctioned entity, or other suspicious activity, RH may cancel the associated bookings, close any associated accounts, and pursue legal action, including seeking to hold the Customer liable for any resulting financial loss.
Section 3.04. Currency Conversion
Any currency conversion rates displayed on our Service are based on public sources and current exchange rates, which may vary between the time a booking is made and the time of travel. Such rates are provided for information purposes only and, while we seek to provide information that is correct, our Group of Companies does not guarantee the accuracy of such conversion rates because they are not within our control.
Section 3.05. Indemnification
The Customer hereby agrees to defend, indemnify, and hold harmless RH, the Hotel, their affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, brought by:
- The Customer or on the Customer's behalf in excess of the liability described in this Agreement; or
- Third parties resulting from:
- The Customer’s breach of these website terms, conditions, and notices.
- The Customer’s violation of any law or the rights of a third party.
- The Customer’s use of this website.
Section 3.06. Maximum Liability Cap
Notwithstanding the foregoing, in no event will the hotel, RH, and their respective affiliates, and/or their respective suppliers be liable for any damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, in excess of aggregate payments made by customer hereunder, even if the hotel, its affiliates, and/or their respective suppliers have been advised of the possibility of damages.
Section 3.07. Exclusion of Consequential Damages
In no event shall the hotel, RH, and their respective affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if the hotel, its affiliates, and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
ARTICLE IV: DOCUMENTATION, INSURANCE, AND LIABILITY
Section 4.01. Travel Documentation
- Passport Requirement: Depending on Customer’s citizenship, origin and destination a passport may be required. Passports and passport currency is the sole responsibility of the Customer. Many countries enforce the 6-month passport rule requiring your passport to be valid for at least six months beyond your planned date of departure.
- Customer Responsibility: The Customer bears full and sole responsibility for obtaining all necessary visas, health documentation, and other required proofs of citizenship or entry. The airline/ferry/cruise (if applicable) reserves the right to deny boarding to any passenger who fails to possess proper documents.
Section 4.02. Health
It is the Customer’s responsibility that you consult your doctor well before departure to discuss any required or recommended inoculations and vaccinations, as health entry requirements are subject to change at any time.
The Customer is solely responsible for ensuring that:
- Meet all health entry requirements for your destination.
- Receive all relevant and required inoculations/vaccinations.
- Take all recommended preventative medication.
- Follow all medical advice pertaining to your travel.
Section 4.03. Travel Insurance
The procurement of travel insurance is strongly recommended for protection against financial loss arising from unforeseen cancellations, changes, or interruptions to the trip. Customers who elect to decline travel insurance assume full responsibility for any potential financial losses that may arise from their travels. Claims, payment issues, or documentation related to travel insurance are contractual matters solely between the Customer and the insurance provider, and neither RH nor the Hotel is responsible for them.
Section 4.04. Limitation of Liability and Agency Status
- Agent Status: The Hotel and RH act strictly as agents for the Customer concerning travel services provided by third-party suppliers (e.g., air carriers, hotels, transfer services).
- Exclusion of Liability: Neither RH nor the Hotel assumes liability for injury, damage, loss, accident, delay, or irregularity which may be caused by defects in any vehicle, Acts of God, war, riots, strikes, force majeure, or other causes beyond their direct control. They are not responsible for any personal injuries, death, property damage, or other damages or expenses resulting from the acts, errors, omissions, breaches, or negligence of any third-party supplier.
- Airline Contracts: The passenger’s issued ticket shall constitute the sole contract between the purchasing party and the respective airline (if applicable).
- Luggage: Neither the Hotel nor RH shall be responsible for lost or damaged luggage before, during, or after travel.
ARTICLE V: INTELLECTUAL PROPERTY AND GOVERNING LAW
Section 5.01. Acceptable Use of Site
This website is provided exclusively for personal, non-commercial use. All content, pricing, underlying infrastructure, and information provided herein are proprietary to RH, the Hotel, or their respective providers. The Customer agrees not to modify, copy, distribute, transmit, publish, perform, reproduce, license, or sell any information, software, products, or services obtained from this site for any commercial or non-personal purpose.
Section 5.02. Intellectual Property Rights
The Customer acknowledges and agrees that all intellectual property rights related to the website, including, but not limited to, copyrights, trademarks, design rights, patents, and all other proprietary rights in or relating to the site content and software, belong exclusively to RH, the Hotel, or their respective suppliers. The Customer is granted a limited, non-exclusive, non-transferable license to use the site only as expressly permitted by this Agreement.
Section 5.03. Prohibited Technological Activity
In addition, whether or not you have a commercial purpose, you expressly agree not to:
- I. Access, monitor, or replicate any content or information of this site using any robot, spider, scraper, or other automated means or any manual process for any purpose without the explicit prior written consent of the hotel and RH
- II. Violate the restrictions in any robot exclusion headers on this site or bypass or circumvent other measures employed to prevent or limit access to this site.
- III. Take any action that imposes, or may impose, in the sole discretion of the hotel (or its successors or assigns), an unreasonable or disproportionately large load on the RH and the hotel infrastructure.
- IV. Deep-link to any portion of this site (including, without limitation, the purchase path for any travel services) for any purpose without the explicit prior written consent of hotel or RH.
Section 5.03. Dispute Resolution
In the event of a dispute arising under or in connection with this Agreement, the Parties shall first engage in good-faith mediation. If mediation fails to resolve the matter, the Parties agree to enter non-binding arbitration before seeking litigation. This mechanism is intended to resolve issues efficiently and mitigate legal costs.
Section 5.04. Governing Law and Jurisdiction
This Agreement and any disputes arising under or incident to the responsibilities of RH or the Hotel shall be construed and governed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. All claims shall be submitted for trial, without a jury, exclusively in the federal courts of Florida.