WEBSITE TERMS AND CONDITIONS
The services of Bluewater Property Services, Inc. and Bluewater Vacation Homes and all content and services and the reservation site available are provided by Bluewater Property Services, Inc. ("Bluewater", or "Manager") under this Terms of Service and any amendments to the Terms that Bluewater may publish from time to time "Site" refers to Bluewatervacationhomes.com or any affiliates of Bluewater and the reservation system. The terms "you", "your", "guest", "Tenant" and "booking group" refer to the users of this website and clients of Bluewater. The terms "Bluewater Vacation Homes" and "Bluewatervacationhomes.com" refer to Bluewater Property Services, Inc. The term "supplier(s)" refers to any applicable or any combination of lodging providers, airline, rental car agencies, bus or other transportation attractions or affiliates. The user hereby agrees to the terms and conditions below, as well as the policies of any and all suppliers for all employees and/or affiliates of the user. BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SERVICES OF BLUEWATER, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.
Notice Bluewater may operate multiple reservation systems as well as affiliates. If you book any portion of your travel via a reservation system or affiliate, you may find separate terms and conditions you must abide by.
If you are staying or traveling under a different contract than provided by this website or Bluewater, the terms of the contract will supplement and in some cases supersede these policies.
AGENCY: It is mutually understood and agreed that Manager is acting as Agent only for the property owner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Tenant understands Manager is being compensated in this transaction by the property owner and is contractually obligated to protect the interest of same. Manager hereby discloses to Tenant should Tenant elect to purchase travel insurance protection or damage insurance through Manager, Manager may be compensated by provider(s) for cooperation in the transaction.
INTELLECTUAL PROPERTY: All graphics, text, photographs, drawings, software, sound, videos or other material available through Bluewater is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Bluewater or the applicable third party from whom the content originated, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on Bluewater. Bluewater authorizes you to view and utilize the content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by Bluewater for use in accessing the Site.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that: You are over the age of 25 and can form a legally binding contract under applicable law. You have provided and will continue to provide only true, accurate, current and complete information about yourself. The billing address you provide to Bluewater, this Site and its affiliates should be the address and phone number your credit card bank has on file for you. You are not using Bluewater for any improper purpose, and you will act in good faith in your relationship with Bluewater. You have sufficient authority, if you are purchasing on behalf of yourself, a company, group or organization to bind yourself, that company, group or organization to the Terms.
RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstance, the Property is not available or becomes unavailable or uninhabitable during your stay, it will be substituted with accommodations with an equal number of bedrooms. If the substituted property rents for more for the same period or remaining period, respectively, there will be no additional charge. However, if the substituted property rents for less for the same period, the difference will be refunded to Tenant.
RATE CHANGES: Rates are subject to change without notice prior to receipt of signed agreement and Security Deposit. If a discrepancy arises between the rate quoted on the Site and on the confirmation, the latter will prevail. In the event a the an incorrect rate is due to a typographical or other error, Bluewater shall have the right to refuse, cancel or limit any reservations listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made.
EMAIL ATTACHMENT POLICY: Email and any attachments sent by employees and officers of Bluewater and its subsidiaries and affiliates is believed to be free of any virus, worm, Trojan horse, and/or malicious code when sent. Each electronic mail message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's business entity is not liable for any loss or damage arising in any way from the message or its attachments.
LIABILITY DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. BLUEWATER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREFOF. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BLUEWATER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF RATE, AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH RATE, AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING, BLUEWATER DOES NOT WARRANT THE SERVICE IS OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET CUSTOMERS REQUIREMENTS. BLUEWATER MAKES NO IMPLIED WARRANTY OF MERCHANTABLITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT, AND NO IMPLIED WARRANTY ARISING BY USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND NO LEGAL THEORY, TORT, CONTRACT, OF OTHERWISE, SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTYOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF BLUE WATER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOLD HARMLESS: Tenant and Tenants' Guests shall hereby indemnify and hold harmless its subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.
ADDITIONAL TERMS AND CONDITIONS: Tenant, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Owner and Manager free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
CHANGES TO THE TERMS: Bluewater reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on the terms and conditions section of the Bluewatervacationhomes.com website. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" link on Bluewater's homepage to view the then current Terms.
CHANGES TO THE SITE: Bluewater may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Bluewater shall not be liable therefore.
TERMINATION: You agree that Bluewater, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to Bluewater or transmitted through the Site. You further agree that Bluewater shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.
DISPUTES: under this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this Agreement shall be filed only in the San Diego County court in California in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Tenant agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Bluwater enforcing this agreement.
WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by Bluewater in advance.
California law requires certain sellers of travel to have a trust account or bond. If any provision of this agreement is determined to invalid or unenforceable, the other provisions of these terms and conditions will remain in effect.
Bluewater maintains a trust account issued by Wells Fargo NA.
BLUEWATER VACATION HOMES RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS