AGREEMENT BETWEEN CUSTOMER AND SANTAFEHOTELS.COM,
LLC.
This Web site is offered to you, the customer,
conditioned on your acceptance without modification
of the terms, conditions, and notices contained
herein. Your use of this Web site constitutes
your agreement to all such terms, conditions,
and notices.
PERSONAL
AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial
use. The content and information on this Web
site (including, without limitation, price
and availability of travel services), as well
as the infrastructure used to provide such
content and information, is proprietary to
SantaFeHotels.com, LLC. or its suppliers and
providers. Accordingly, as a condition of
using this Web site, you agree not to use
this Web site or its contents or information
for any commercial or non-personal purpose
(direct or indirect). While you may make limited
copies of your travel itinerary (and related
documents) for travel or services purchased
through this Web site, you agree not to modify,
copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any
information, software, products, or services
obtained from this Web site. In addition,
whether or not you have a commercial purpose,
you agree not to:
(i) access, monitor or copy any content or
information of this Web site using any robot,
spider, scraper or other automated means or
any manual process for any purpose without
express written permission of SantaFeHotels.com,
LLC;
(ii) violate the restrictions in any robot
exclusion headers on this Web site or bypass
or circumvent other measures employed to prevent
or limit access to this Web site;
(iii) take any action that imposes, or may
impose, in the discretion of SantaFeHotels.com,
LLC, an unreasonable or disproportionately
large load on the SantaFeHotels.com, LLC infrastructure;
or
(iv) deep-link to any portion of this Web
site (including, without limitation, the purchase
path for any travel services) for any purpose
without express written permission of SantaFeHotels.com,
LLC.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of this Web site are: ©2004 SantaFeHotels.com,
LLC, 320 Artist Road, Santa Fe, New Mexico,
87501, USA. All rights reserved. SantaFeHotels.com,
santafecentralreservations.com, Everything
you want when coming to Santa Fe, and all
included typefaces or logos are either registered
trademarks or trademarks of SantaFeHotels.com,
LLC. Other product and company names mentioned
herein may be the trademarks of their respective
owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, SANTAFEHOTELS.COM,
LLC AND ITS AFFILIATES DO NOT GUARANTEE THE
ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES
RELATING TO THE INFORMATION AND DESCRIPTION
OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL
PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING,
WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL
AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.),
MUCH OF WHICH INFORMATION IS PROVIDED BY THE
RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED
ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL
GUIDELINES, AND SANTAFEHOTELS.COM, LLC AND
ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY
OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. SANTAFEHOTELS.COM,
LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
ON THIS WEB SITE AT ANY TIME.
SANTAFEHOTELS.COM, LLC, ITS AFFILIATES, AND/OR
THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE, AND THE
INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS
OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE
ANY ENDORSEMENT OR RECOMMENDATION OF SUCH
PRODUCTS OR SERVICES BY SANTAFEHOTELS.COM,
LLC OR ITS AFFILIATES.. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. SANTAFEHOTELS.COM,
LLC, ITS AFFILIATES, AND/OR THEIR 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, HOTELS AND OTHER SUPPLIERS PROVIDING
TRAVEL OR OTHER SERVICES FOR SANTAFEHOTELS.COM,
LLC ARE INDEPENDENT CONTRACTORS AND NOT AGENTS
OR EMPLOYEES OF SANTAFEHOTELS.COM, LLC OR
ITS AFFILIATES. SANTAFEHOTELS.COM, LLC AND
ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS,
ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS
OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY
DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. SANTAFEHOTELS.COM, LLC AND ITS
AFFILIATES HAVE NO LIABILITY AND WILL MAKE
NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER
CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY
HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL
EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR
ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL SANTAFEHOTELS.COM, LLC,
ITS 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 SANTAFEHOTELS.COM, LLC,
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.
INDEMNIFICATION
You agree to defend and indemnify SantaFeHotels.com,
LLC, its affiliates, 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
(i) you or on your behalf in excess of the
liability described above; or
(ii) by third parties as a result of
(a) your breach
of these Web Site Terms, Conditions and
Notices or the documents referenced herein;
(b) your violation of any law or the rights
of a third party; or
(c) your use of this Web site.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site,
you warrant that you will not use this Web
site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
LINKS
TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web
sites operated by parties other than SantaFeHotels.com,
LLC. Such hyperlinks are provided for your
reference only. SantaFeHotels.com, LLC does
not control such Web sites and is not responsible
for their contents or your use of them. SantaFeHotels.com,
LLC's inclusion of hyperlinks to such Web
sites does not imply any endorsement of the
material on such Web sites or any association
with their operators.
SOFTWARE
AVAILABLE ON THIS WEB SITE
Any software that is made available to download
from this Web site ("Software") is the copyrighted
work of SantaFeHotels.com, LLC., its affiliates,
and/or their suppliers. Your use of the Software
is governed by the terms of the end user license
agreement, if any, which accompanies, or is
included with, the Software ("License Agreement").
You may not install or use any Software that
is accompanied by or includes a License Agreement
unless you first agree to the License Agreement
terms.
For any Software not accompanied by a License
Agreement, SantaFeHotels.com, LLC hereby grants
to you, the user, a personal, nontransferable
license to use the Software for viewing and
otherwise using this Web site in accordance
with these terms and conditions and for no
other purpose.
Please note that all Software, including,
without limitation, all HTML code and Active
X controls contained on this Web site, is
owned by SantaFeHotels.com, LLC, its affiliates,
and/or their suppliers, and is protected by
copyright laws and international treaty provisions.
Any reproduction or redistribution of the
Software is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any
accompanying documentation and/or technical
information are subject to applicable export
control laws and regulations of the USA. You
agree not to export or reexport the Software,
directly or indirectly, to any countries that
are subject to USA export restrictions.
TERMS,
CONDITIONS AND WARRANTIES
Tax Recovery Charge
The tax charge on SantaFeHotels.com, LLC hotel
transactions is a recovery of all applicable
transaction taxes (e.g. sales and use, occupancy,
room tax, excise tax, value added tax, etc)
that SantaFeHotels.com, LLC pays to the vendors
(e.g. hotels, etc.) in connection with your
travel arrangements.
SantaFeHotels.com, LLC is not the vendor collecting
and remitting said tax to the applicable tax
authorities. The vendors bill all applicable
taxes to SantaFeHotels.com, LLC and SantaFeHotels.com,
LLC remits such tax directly to the vendor.
SantaFeHotels.com, LLC is not a co-vendor
associated with the vendor with whom we book
or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary
greatly by location. SantaFeHotels.com, LLC
actual tax cost paid to the vendor may vary
from the tax recovery charge, depending upon
the rates, taxability, etc. in effect at the
time of the actual use of the hotel, automobile,
etc. by our customer.
SantaFeHotels.com, LLC does not incur the
cost of sales tax from vendors located in
Alaska, Delaware, Montana, New Hampshire and
Oregon as these states do not impose a sales
tax. Also, certain jurisdictions impose a
hotel occupancy tax or other type of transaction
tax upon the renting of a hotel room, an automobile,
etc. The type of tax charged by the vendor
will vary by service and location.
Service Fee
These fees cover the costs incurred by SantaFeHotels.com,
LLC in servicing your travel reservation.
Travel Destinations
Although most travel, including travel to
international destinations, is completed without
incident, travel to certain destinations may
involve greater risk than others. SantaFeHotels.com,
LLC urges passengers to review travel prohibitions,
warnings, announcements and advisories issued
by the United States Government prior to booking
travel to international destinations. Information
on conditions in various countries and the
level of risk associated with travel to particular
international destinations can be found at
http://www.state.gov/, http://www.tsa.gov/, http://www.dot.gov/, http://www.faa.gov/, http://www.cdc.gov/, www.treas.gov/ofac and http://www.customs.gov/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR
INTERNATIONAL DESTINATIONS, SANTAFEHOTELS.COM,
LLC DOES NOT REPRESENT OR WARRANT THAT TRAVEL
TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK,
AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT
MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
MODIFICATION
OF THESE TERMS AND CONDITIONS
SantaFeHotels.com, LLC reserves the right
to change the terms, conditions, and notices
under which this Web site is offered and you
agree to accept and be bound by those terms,
conditions, and notices that are in effect
at the time of your use of SantaFeHotels.com,
LLC's Website and facilities.
GENERAL
This agreement is governed by the laws of
the State of New Mexico, USA. You hereby consent
to the exclusive jurisdiction and venue of
courts in Santa Fe County, New Mexico, USA,
in all disputes arising out of or relating
to the use of this Web site. Use of this Web
site is unauthorized in any jurisdiction that
does not give effect to all provisions of
these terms and conditions, including, without
limitation, this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between you and SantaFeHotels.com, LLC as
a result of this agreement or use of this
Web site.
SantaFeHotels.com, LLC's performance of this
agreement is subject to existing laws and
legal process, and nothing contained in this
agreement is in derogation of SantaFeHotels.com,
LLC's right to comply with law enforcement
requests or requirements relating to your
use of this Web site or information provided
to or gathered by SantaFeHotels.com, LLC with
respect to such use.
If any part of this agreement is determined
to be invalid or unenforceable pursuant to
applicable law including, but not limited
to, the warranty disclaimers and liability
limitations set forth above, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent of the
original provision and agreement shall continue
in effect.
This agreement (and any other terms and conditions
referenced herein) constitutes the entire
agreement between the customer and SantaFeHotels.com,
LLC with respect to this Web site and it supersedes
all prior or contemporaneous communications
and proposals, whether electronic, oral, or
written, between the customer and SantaFeHotels.com,
LLC, Inc. with respect to this Web site. 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 herein are
not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are
reserved.
©2004 SantaFeHotels.com, LLC All rights reserved.
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