Welcome to
www.coasthotels.com, an
on-line reservation and information service on the World Wide Web
operated by Coast Hotels Limited ("Coast"), doing business as Coast
Hotels & Resorts, a British Columbia corporation with its
principal place of business in Vancouver, B.C. The Site offers
information on hotels and resorts managed, franchised or operated
by Coast and/or its affiliated companies. The following are the
terms and conditions which govern your use of this Web site (the
"Site").
Agreement with Terms and Conditions
This Agreement is between You, the purchaser of the products or
services on this Site ("You"), and Coast. "We" and "Us" means both
You and Coast. The effective date of this Agreement is when You
accept this Agreement in accordance with the procedure set out
below.
BY ACCESSING, BROWSING THROUGH, OR MAKING A RESERVATION USING THE
SITE, YOU EXPRESSLY ACCEPT THE FOLLOWING TERMS AND CONDITIONS,
WITHOUT MODIFICATION, AND INTEND TO BE LEGALLY BOUND BY THEM.
CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET
OUT BELOW BEFORE PROCEEDING. If You do not agree with any part of
this Agreement, please click on the "Exit" button below. If You
violate any of these terms and conditions, your permission to use
the Site automatically terminates, and You must immediately destroy
any copies You have made of its content.
Modification to the Site or this Agreement
Coast reserves the right at any time to change any information
contained in the Site or this Agreement. Any such changes will
appear on the individual pages of the Site and/or in this
Agreement. Such changes shall be effective immediately upon posting
them on the Site. By using the Site, You agree in advance to accept
any such changes.
Coast may make information regarding specific promotions which
Coast is conducting available on the Site. Any such promotion is
subject to the specific terms, conditions and restrictions listed
on the Site in connection with such promotion. Coast reserves the
right to alter or withdraw any promotion at any time. Each
promotion is void where prohibited by law.
Reservation Transactions
Use of the electronic reservation service (the "Reservation
Service") on this Site is provided solely to assist You in
determining availability of hotel accommodation, and to make
legitimate hotel reservations for hotels in the chain operated by
Coast and/or its affiliates. In connection with this Reservation
Service, the following terms and conditions apply:
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You agree only to use the Reservation Service to make
legitimate reservations and not to make speculative, false or
fraudulent reservations, or any reservation in anticipation of
demand.
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You warrant that You possess the requisite authority and
capacity to enter into this Agreement, and to use the
Reservation Service in accordance with all of the terms and
conditions contained herein.
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You agree to be financially responsible for all of your use
of the Reservation Service, as well as any person using your
membership password. If You should lose your password or become
aware that an unauthorized person may have access to your
password, contact Coast immediately.
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You agree to be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of the use of
the Reservation Service.
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You understand and acknowledge that abuse of the Reservation
Service may result in You being denied access to the
Reservation Service.
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You understand and acknowledge that the room availability
and pricing information provided by the Reservation Service
constitutes an invitation to You to make an offer. You further
understand and acknowledge that your use of the booking engine
constitutes an offer by You to make a reservation on the terms
You have indicated. A BINDING CONTRACT IS FORMED ONLY ONCE A
CONFIRMATION NUMBER FOR YOUR RESERVATION HAS BEEN PROVIDED TO
YOU AT THE END OF THE RESERVATION-MAKING PROCESS, INDICATING
THAT YOUR OFFER HAS BEEN ACCEPTED. You agree that all
cancellations must be made in accordance with the established
cancellation policy of the hotel booked (as indicated on the
hotel's pages within the Site), based on local time on the day
of your scheduled arrival.
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You understand and acknowledge that all prices are quoted in
the currency of the country in which the hotel is located.
Disclaimer
Coast is providing the Site, on an "AS IS, AS AVAILABLE" basis to
users. YOU USE THE SITE AT YOUR OWN RISK. Neither Coast nor any of
its officers, directors, employees, owners, agents, third-party
content providers, sponsors, licensors, or the like, makes any
representations or warranties, either express or implied, to You
a. that the Site will be uninterrupted or error-free,
b. as to the results that may be obtained from the use
of the Site,
c. as to the accuracy, timeliness or completeness of
content or services provided through the Site, or
d. as to the receipt, storage, transmission or other
use of your personal information.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON
THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL
AND SECURE. COAST MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE
OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS,
RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY,
MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR
USAGE OF TRADE WITH RESPECT TO THE SITE, ITS CONTENT, ITS
RESERVATION SERVICES, OR ANY OTHER DOCUMENTS, INFORMATION, ITEMS OR
MATERIALS PROVIDED BY COAST IN CONNECTION WITH THE USE OF THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COAST, ITS AFFILIATES, AGENTS,
LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES,
OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL ,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY
TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON
ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULTS FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR
ANY FAILURE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION THOSE THAT
RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO COAST'S RECORDS, PROGRAMS,
OR SERVICES, EVEN IF COAST OR ANY OF ITS LAWFUL AGENTS, OR
EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
CLAIM.
Ownership and Permitted Use
Except where otherwise noted, all of the Site's design, text,
graphics, images, data and other material, arrangement thereof,
programming code, software, names, marks and logos used herein (the
"Content"), is the property of Coast, its third party providers,
licensors, or distributors. You are permitted to view,
electronically copy or download, and print in hard copy, the
Content only for the purposes of making hotel reservations or as an
accommodation resource, provided You retain all copyright and other
proprietary notices contained in the original Content. Any other
use of the Content, including without limitation use on any other
Web site, modification, distribution, reproduction or
republication, without the prior written permission of Coast is
strictly prohibited, and may subject You to liability for violation
of copyright, trademark, or other laws.
Links to Third Party Content
The Site may contain links to other sites operated by parties with
which Coast has no contractual or other relationship. Coast does
not review or monitor such Web sites and assumes no responsibility
for the accuracy or appropriateness of the information contained on
such sites or for any products or services offered through such
sites. COAST DOES NOT RECOMMEND OR ENDORSE ANY HYPER LINKS TO OR
CONTENT FOUND ON OTHER WEB SITES. In addition, You agree not to
link your Web site or any other third party Web site to the Site
without the express prior written consent of Coast.
Governing Law
Coast, this Site and the Content are physically located within the
Province of British Columbia, Canada. This Agreement will be
governed by the laws of the Province of British Columbia and the
federal laws of Canada and shall be treated in all respects as a
British Columbia contract, without reference to the principles of
conflicts of law. In the event of a dispute, We agree to submit to
the non-exclusive jurisdiction of the courts of British Columbia.
We have required that this Agreement and all documents relating
thereto be drawn up in English. Nous avons demandé que
cette convention ainsi que tous les documents qui s'y rattachent
soint rédignés en anglais.
Additional Terms
Additional terms and conditions may apply to reservation
transactions, use of software, and other uses of the Site, and You
agree to abide by such other terms and conditions as they appear on
individual pages within the Site, as well as all applicable laws
and regulations.
Severability
In the event that any provision herein is determined to be
unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and
such determination shall not affect the validity and enforceability
of any other remaining provisions.
Relationship
No joint venture, partnership, employment, consulting, or agency
relationship between You and Coast is intended or created by this
Agreement.
Entire Agreement
These terms and conditions constitute the entire agreement between
You and Coast with respect to the use of the Site and the Content,
and supersede any and all prior or contemporaneous communications,
understandings or agreements (whether oral or written) regarding
the subject matter of this Agreement. No supplement, modification
or amendment to this Agreement and no waiver of any provision of
this Agreement shall be binding on Coast unless executed by Coast
in writing.
Indemnity
YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
COAST, ITS AGENTS, SUPPLIERS, AFFILIATES AND THEIR RESEPCTIVE
DIRECTORS AND EMPLOYEES FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES,
COSTS AND EXPENSES, INCLUDING LEGAL AND OTHER FEES AND
DISBURSEMENTS, WHICH COAST MAY BECOME OBLIGED TO PAY ARISING OUT OF
OR RESULTING FROM YOUR USE OF THE SITE OR YOUR BREACH OF THESE
TERMS.
Termination
This Agreement is effective until terminated by Coast, with or
without cause, in Coast's sole and unfettered discretion. Coast may
terminate this Agreement without notice to You if You fail to
comply with any of its terms. Any such termination by Coast shall
be in addition to and without prejudice to such rights and remedies
as may be available to Coast, including injunction and other
equitable remedies.
The disclaimers, limitations on liability, ownership, termination,
interpretation, and the indemnity provisions of this Agreement
shall survive the termination or expiry of this Agreement.
Enurement
This Agreement shall inure to the benefit of, and by binding upon
each of Us and our respective successors and permitted assigns. You
acknowledge having read this Agreement before accepting it, having
the authority to accept this Agreement, and having received a copy
of this Agreement.
© Coast Hotels Limited, 2003, Vancouver, B.C. Coast
Hotels and Coast Hotels & Resorts are the registered trademarks
of Coast Hotels Limited.