PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. The documents, data, information, and other materials (collectively the “Material(s)”) contained on the Web Site (the “Site”) are provided by The Winterset Hotel, a company within North Beach Village Resort (NBVR), exclusively for non-commercial, individual use by prospective and confirmed NBVR guests to inquire about or make travel reservations and related services and for no other purpose (collectively, “Authorized Users”).
We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes.
AGREEMENT FOR USE. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.
For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. Note that in most cases NBVR-branded hotels are independently owned and your transaction may not be a direct transaction with NBVR, but with the franchisor/licensor of a hotel. By using this Site, you agree to be bound to the owner of the hotel and NBVR, if applicable, and to abide by the booking terms and conditions.
WIRELESS RESERVATIONS. Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
CURRENCY CONVERSION. Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in the hotel’s local currency.
MONITORING. You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our Sites and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, scrape, or copy our Sites or the NBVR information contained therein, or any aspect of the Sites or the NBVR Information, without the prior express consent from an authorized NBVR representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that NBVR has no obligation to but may monitor and review the information you transmit over the Sites. You agree that NBVR may censor, edit, remove or prohibit the transmission or receipt of any information that NBVR deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Sites or to protect the rights or properties of NBVR. You agree that NBVR may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false, or fraudulent reservations, or any reservation in anticipation of demand.
LIMITATION OF LIABILITY. To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT NBVR IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend us against any demands, claims, or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs, and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND NBVR INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT OUR SITES AND/OR NBVR INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE, OR ERROR-FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF OUR SITES AND/OR NBVR INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
INACCURACIES AND ERRORS. NBVR Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. NBVR does not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. NBVR reserves the right to make changes, corrections, cancellations, and/or improvements to NBVR Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
MIS-COMMUNICATIONS / LOST TRANSACTIONS. NBVR and any other providers of products or services related to the Sites 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. Further, NBVR and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. NBVR and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in a 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 NBVR nor any other providers of products or services related to the Sites 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 the Sites which are not processed or accepted for any reason.
COPYRIGHT AND TRADEMARK NOTICES. All contents of this Web site are the copyrighted property of one of the NBVR companies, or their subsidiaries, affiliates, or an NBVR licensor, as applicable. All contents of this Web site are protected by the United States and international copyright laws.
OWNERSHIP OF MATERIALS. The Materials are the confidential and proprietary information of NBVR or its licensors, as applicable.
TERMINATION/ACCESS RESTRICTION. NBVR reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail, or, if by NBVR, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of NBVR in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in the interpretation of this Agreement.
HOTEL/RESORT (“PROPERTY” or “PROPERTIES”) RESERVATION GENERAL TERMs.
Check-In Time: 3:00 PM
Check-Out Time: 11:00 AM
24-Hour check-in service is available for late travelers via call box upon arrival. Call or Text us 24 hours a day at (954) 565-5790.
Early Check-In: Early check-in is subject to availability upon arrival. If your room is not ready upon arrival, we would be happy to store your luggage until the room is ready.
Late Check-Out: Subject to availability and can be arranged at the front desk on the day of your departure. If a late check-out is granted you will be subject to the Late Check-Out Fee. Please ask the front desk for more details.
Smoking Policy: ALL ROOMS ARE NON-SMOKING.
Cancellation Policy: If you must cancel, please contact us 24 hours prior to your check-in date. Any cancellations within this 24-hour time frame are subject to the penalty of a one-night stay + tax.
Security Box: An in-room safe is provided for your valuables. North Beach Village Resorts is not responsible for any lost or stolen items.
LINKED WEBSITES. This Site includes links to other websites. NBVR provides such links solely as a convenience to you and for informational purposes only. NBVR has not reviewed all the information on these other websites. The inclusion of these links in no way indicates NBVR’s endorsement, support, or approval of the content, advertising, products, services, policies, or other materials on or available from such websites. Neither NBVR nor any other providers of products or services related to this Site, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the Site. The inclusion of such links does not indicate the other website’s endorsement, support, or approval of the content, advertising, products, services, policies, or other materials on or available from the Site.
GOVERNING LAW. These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision outlined in these Terms and Conditions may be filed only in the state or federal courts located in the State of Florida, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction and this cannot be excluded by contract.