Property Reservations – General Terms and Conditions
Just as each of our member hotels, resorts and spas is unique and distinguished, their respective rates, packages, special promotions and policies may vary. We always recommend our guests verify these details when making or confirming a reservation at a member hotel.
Reservation confirmations are provided to you solely for your convenience. The Leading Hotels of the World, Ltd., with an address at 99 Park Avenue, New York, NY 10016 and/or its affiliates or subsidiaries (collectively “LHW”) retain official records of reservation transactions, including details of dates of stay and room rates. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, our official records shall control. Tampering with this confirmation to alter the room rate or any other reservation information is strictly prohibited and will have legal consequences.
Some hotels, resorts and other transient stay properties (a “Property”) have an early departure penalty fee. Some rates may also require a minimum stay. You may change your departure date without a penalty only if your rate plan and the applicable cancellation/revisions policy permit. Please contact your nearest LHW Reservations Office if you have any questions.
For non-USA Properties, rates quoted and confirmed in non-local currencies will be converted to local currency by the Property at your time of payment, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions and fees by banks or credit card companies at the time of processing of monthly statements, which are not within the Property’s or LHW’s control and may impact the amount charged to your credit card. Please contact your nearest LHW Reservations Office if you have any questions. A refund of a deposit or prepayment, if any, will be subject to the exchange rate at the time of any such refund and may differ from the exchange rate at the time such deposit or prepayment was made.
A maximum of 4 rooms may be booked online. Reservations for 5 to 9 individual rooms require prior approval from the Property, so please contact your local Leading Hotels of the World Reservations Office for assistance. For 10 or more rooms please contact the sales department email@example.com.
As some rates have special requirements at check-in, you should verify that you qualify for the rate that you have reserved. Properties are not obligated to honor this rate if you do not qualify or do not have proof of qualification.
Some rate plans require prepayment in full and are non-cancelable, non-refundable, non-changeable and non-transferable. This will be identified in the rate description. For these rate plans, once you make a reservation, your credit card will be charged for the full amount. Credit will not be given for any unused reservation and the amount paid by you for such reservation cannot be used toward any other/future reservation.
For reservations guaranteed with a credit card at the time of making your reservation, rooms are held until the Property check-out time the day following the day of arrival on the reservation. The Property may authorize the room rate for the first night, including taxes on the credit card to determine the validity of the credit card. Rooms booked with an invalid credit card are subject to immediate cancellation.
For reservations not guaranteed with a form of payment at the time of making your reservation, rooms are held until the set cancellation time per the rules of the reservation. In the event a guest cannot be accommodated due to the Property overbooking or an unforeseen circumstance, and the Property is unable to hold rooms consistent with this room hold policy, the Property will attempt to accommodate guests, at its expense, at a comparable property in the area for the night(s) for which the Property is unable to accommodate such guests, and will pay for transportation to that property.
Travel to certain destinations may involve greater risk than others. LHW urges guests to review travel prohibitions, warnings, announcements and advisories issued by a guest’s country of residence, as well as those of any destination country, prior to booking travel. Please contact the appropriate government office in your locale for information on conditions in various countries and the level of risk associated with travel to particular destinations. LHW does not represent or warrant that travel to, or accommodations in, destinations where services are offered is advisable or without risk, and is not liable for damages or losses that may result from travel to, or staying in, such destinations.
Although some Properties will confirm specific room types or bed types at the time you make your reservation, normally requests for specific features such as bedding type or non-smoking rooms are simply that. While most Properties will strive to honor your request, neither LHW nor the Property can guarantee that your request will be honored.
If you plan to travel with your pet, we recommend that you confirm directly with your nearest LHW Reservations Office that the Property does, indeed, accept pets. LHW accepts no responsibility for the pet policy at any individual Property. Specific pet policies may require a damage/cleaning deposit at the time of check-in which may be non-refundable.
Cancellation policies and other information about specific room reservations and Properties may vary by Property and by the type of reservation and may entail a cancellation penalty or processing fee. To cancel or modify a reservation made online, please visit lhw.com. Reservations made through a travel agent must be cancelled through that agent, as the agency controls the record. For assistance with all other reservations, please contact LHW at 1-800-223-6800 if you are calling from the United States, Canada, Puerto Rico and the U.S. Virgin Islands. Otherwise, please contact your nearest LHW Reservations Office. For all cancellations made through LHW, a cancellation number will be provided to you. A cancellation number is required as proof of cancellation, but will have no effect on any cancellation penalty or fee that may be due pursuant to the applicable cancellation policy. Please note that reservations cannot be canceled via e-mail.
Limitation of Liability
LHW is acting hereunder solely for the purpose of processing reservations.LHW does not own or manage any Property. Information regarding rooms, facilities and services offered at the Property contained in this website has been provided by the Property. LHW does not make any representation or warranty, express or implied, of any kind with respect thereto. Such information may be inaccurate as a result of renovation or repair. This website may also contain typographical errors or omissions. LHW shall not be liable for any discrepancy in the rooms, facilities or services available at a Property from those described in this website or for any other errors or omissions, and shall not be liable for any damages that may result therefrom.
Neither LHW nor any Property will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events, occurrences, or causes beyond the control of LHW or any such Property. Such events, occurrences, or causes include, without limitation, acts of God, terrorist activities, weather, strikes, lockouts, riots, acts of war, earthquake, fire and explosions.
Terms and Conditions for Use of this Site
This web site and the related web sites contained herein (collectively, the “Site”) make available information on the Properties and other travel-related or consumer goods and services. This Site is offered exclusively by LHW and/or its various third party providers and distributors. The offer of goods and/or services is conditioned on the user’s (“User(‘s)” or “You(r)”) acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the “Terms”).
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of this Site
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself and/or for any other person for whom You are acting.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of LHW or any third party that provides services related to this Site. Any reservation made that does not comply with these Terms is subject to cancellation at LHW’s sole and absolute discretion.
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with this Site. If You participate in a Chat Area, You agree that, in addition to complying with these Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for Your use of the Chat Area. LHW reserves the right to remove or edit content from any forum at any time and for any reason in its sole and absolute discretion, however, LHW has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein, unless You obtain LHW’s prior express written consent. You agree that You will not, through any means, interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to LHW and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for LHW or cause LHW to lose (in whole or in part) the services of our suppliers.
Terms Incorporated by Reference
In addition to these Terms, You agree to the terms, conditions, and notices specified at the following links, which are hereby incorporated into this Agreement:
2. LHW’s Leaders Club program and related web site found at the following link: http://www.lhw.com/LeadersClub/lchome.aspx
Proprietary Rights Information
This Site contains trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of LHW and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of LHW and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any LHW trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
The trademarks, logos, service marks and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of LHW, its affiliates and various third parties. The Leading Hotels of the World, Leaders Club, Leading Vacations, Leading Spas, Leading Golf and other LHW logos and product and service names are trademarks of LHW. Any reproduction or use of any of the Trademarks without the prior, express written consent of LHW is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written consent of LHW or such other party as may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of LHW and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written consent of LHW, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
Any software that is made available to download from this Site (“Software”) is the copyrighted work of LHW and/or its various third party licensors. 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 terms and conditions of said License Agreement. Copyright laws and international treaty provisions protect all of the Software. Any reproduction or redistribution of the Software, including, without limitation, copying or reproduction of the Software for further reproduction or redistribution, is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Any warranty applicable to the Software will be specified in 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 U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any country that is subject to U.S.A. export restrictions.
We welcome your comments and feedback, as your opinions are important to us. You may submit any ideas, comments, suggestions or other information to LHW related to improvements to the Site, services related to the Site, Properties or your experiences (“Feedback”). Feedback includes, without limitation, hotel reviews, hotel recommendations and ratings, questions, comments, photographs, videos, suggestions, ideas and the like. LHW shall own all rights related to the Feedback submitted by You (including, without limitation, intellectual property rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including, without limitation, the right to , reproduce, translate, distribute, publish, derive other content from, and publicly display such Feedback and grant the right to use the Feedback to any Property. You agree that LHW shall have the right to modify or adapt such Feedback or use such Feedback in part, provided such modification, adaptation or use does not result in a material alteration of the Feedback. You further agree that LHW and the Properties have the right to attribute your Feedback to You by using your first name and last initial or your initials only, should LHW choose to do so. Distribution of Feedback may take the form of web publishing, web logs (blogs), and/or social media placement anywhere in the world in any form of media that currently exists or that has yet to be developed. You warrant that the holder of any rights in the Feedback has completely and effectively waived any and all such rights and has validly and irrevocably granted to You the right to provide the proprietary rights to LHW stated above.
None of the Feedback shall be subject to any obligation of confidentiality on the part of LHW or a Property, and neither LHW nor any Property shall be liable or responsible for any disclosure of the Feedback or its use of any Feedback. In addition, LHW assumes no liability nor takes any responsibility for any Feedback posted, stored or uploaded by You or any third party or for any loss or damage as a result thereof. You are responsible for creating back-up copies of any Feedback You post on the Site at your sole cost and expense.
As a provider of interactive services, LHW is not liable for any Feedback, statement, or representation provided by other Users in any forum on the Site, or for your reliance thereon, and LHW is not liable for any mistake, slander, libel, omission, obscenity, defamation or pornography that You may encounter. Although LHW does not have any obligation to remove, screen, monitor or edit the Feedback or submissions distributed or posted by other Users of the Site or stored on the Site, LHW reserves the right to do so in its sole and absolute discretion at any time without notice. LHW may provide a number of resources on LHW.com where You can provide Feedback and/or interact with other customers, such as bulletin boards, discussion forums and review services. You are solely responsible for your use of such areas and must use them at your own risk. By using any of these interactive resources, You expressly agree that You will not post, upload, transmit, distribute, store or create any of the following:
|a.||Any content, including, without limitation, any post, message, photograph or any other material that is fraudulent, inflammatory, libelous, defamatory, abusive, lewd, obscene, pornographic, harassing, threatening, invasive of privacy or other rights, or otherwise unlawful or objectionable. LHW expects You to act in a manner which is decent and respectful.|
|b.||Any content that would be considered illegal or violate any local, state, federal or international law, or the rules and/or regulations of any local, state, federal or international regulatory body or agency;|
|c.||Any content that would infringe upon any trademark, copyright, patent or other intellectual property right of any person;|
|d.||Any content that contains an impersonation of any other person or entity or inaccurately represents your affiliation with a third person or entity;|
|e.||Any advertising, promotion, political campaigning, contest or raffle.|
|f.||Any private information of any of any kind regarding any third party;|
|g.||Any computer virus or other harmful or disruptive files;|
|h.||Any content that is not related to the topic at hand; and|
|i.||Links or content that, in the sole and absolute judgment of LHW, is objectionable, exposes LHW to any risk, harm or liability of any kind, or impacts the enjoyment of other Users of the site.|
If it is determined that, notwithstanding anything contained herein, You retain any moral rights in the Feedback, You hereby agree that (a) LHW need not use any personally identifying information in connection with the Feedback, or any derivative works or for updates thereto; (b) You have no objection to the publication, use, modification, deletion and/or exploitation of the Feedback by LHW or its licensees, successors and assigns as provided for herein; (c) You forever waive, and agree that you will not claim or assert, any entitlement to the moral rights of an author in any of the Feedback; and (d) you forever release LHW, and its licensees, successors and assigns, from any claims that you could otherwise assert by virtue of any such moral rights.
Notice and Procedure for Making Claims of Copyright Infringement
LHW respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please contact LHW at the following address:
The Leading Hotels of the World, Ltd.
99 Park Avenue
New York, NY 10016
Attn: General Counsel
You agree that LHW has no obligation to, but may monitor and review information You transmit over the Site. You agree that LHW may censor, edit, remove or prohibit the transmission or receipt of any information that LHW deems inappropriate or in violation of these Terms, and use any such information as necessary to protect the rights or Properties of LHW, all in its sole and absolute discretion. You agree that LHW may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You acknowledge that LHW will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. LHW takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
Linked Web Sites
This Site includes links to other web sites. LHW provides such links solely as a convenience to You and for informational purposes only. LHW has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates LHW’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither LHW, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the content, materials, products or services on such web sites. If You decide to access other web sites, You do so at Your own risk.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are provided by our suppliers. The Site may contain inaccurate content, typographical errors or omissions. LHW is not responsible for typographical, pricing, product information, advertising or shipping errors, and shall not be liable for any damages that may result therefrom. Advertised prices and available quantities are subject to change without notice. LHW reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
Mis-Communications / Lost Transactions
Neither LHW nor any other providers of products or services related to this Site are responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, neither LHW nor any other providers of products or services related to this Site are responsible for incorrect or inaccurate entry information, whether caused by User(s), by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site, and shall not be liable for damages resulting from any of the foregoing. LHW and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in 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 LHW nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or Property arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER LHW NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
LHW MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESSES OR PHONE NUMBERS), AND NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE LIABLE OR RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers
In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, LHW may use third party suppliers. You acknowledge and agree that the carriers, Properties and other suppliers providing travel or other services for LHW may be independent contractors, and not agents or employees of LHW. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to LHW or the Property at which you may have booked a reservation. YOU AGREE THAT LHW IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSS OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. LHW HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND LHW’S DIRECT CONTROL, AND LHW HAS NO RESPONSIBILITY FOR ANY DAMAGES, LOSS OR ADDITIONAL EXPENSES RESULTING THEREFROM.
Your Additional Obligations
You agree to the terms and conditions of purchase imposed by LHW, each Property, and other suppliers of other travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing, hidden city ticketing and round trip for one-way ticketing. You also agree that you are fully responsible and shall pay for all charges, amounts, fees, duties, taxes, and assessments arising out of Your use of this Site and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted fare. You agree to comply with all rules regarding the availability of fares, products or services, including penalty fees arising from Your failure to comply with said rules. You understand that any violation of any supplier’s conditions of purchase may result in: cancellation of Your reservation(s) or purchase(s); Your being denied access to any flight(s), Property(s), automobile(s), activities, or service; Your forfeiting any monies paid for such reservation(s) or purchase(s); and LHW debiting Your account for any costs LHW incurs as a result of such violation. You also agree to allow LHW and each Property, and other suppliers of other travel services to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules.
Denial of Access
LHW may, at any time and without notice, in its sole and absolute discretion, in addition to any other rights or remedies available to LHW, and without any liability whatsoever to a User, terminate or restrict a User’s access to this Site and any related services.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
The provisions contained in these Terms and Conditions shall be severable. In the event that any provision 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.
No failure on the part of LHW to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. The waiver by LHW of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All rights and remedies of LHW shall be cumulative and not alternative.
If LHW takes any action to enforce this Terms and Conditions, LHW will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which LHW may be entitled.
LHW may at any time modify these Terms and Conditions, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms and Conditions periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of, and agreement to, the changed Terms and Conditions.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. LHW HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. LHW DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR IS THIS SITE GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY LHW WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LHW, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(A) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY LHW OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LHW, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT LHW IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID FOR BY YOU THAT WERE NOT PROVIDED TO YOU.
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.
You agree to indemnify and hold LHW and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of this Terms and Conditions or the documents they incorporate by reference, or Your violation of any law or the rights of a third party. LHW’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York, Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
If you have any questions or concerns regarding these Terms and Conditions or if you need further assistance with respect thereto, you may contact LHW as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
The Leading Hotels of the World, Ltd.
99 Park Ave.
NY 10016 USA
Effective October 15, 2011