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TERMS AND CONDITIONS |
The services of Bluewater Property Services, LLC and Bluewater Vacation Homes and all content and services and the reservation site available are provided by Bluewater Property Services, LLC. (“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, LLC. 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. PRIVACY POLICY: Bluewater respects the privacy of its users. For more details, see our privacy policy which can be found herein this Site. 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. PAYMENT: An advance payment equal to 50% of the rental rate is required within 10 days of receipt of confirmation of reservation. Regardless of date of confirmation, the Security Deposit must be received by Manager no later than 15 days prior to the Check-in Date. FAILURE TO RECEIVE THE SECURITY DEPOSIT WITHIN THE DATES SPECIFIED MAY RESULT IN CANCELLATION OF YOUR RESERVATION. The advance payment will be applied toward the room rent. Please make payments in the form of credit card, traveler's checks, bank money orders, cashiers checks or personal checks payable to Bluewater Vacation Homes. The advance payment is not a damage deposit. The BALANCE OF RENT is due sixty (60) days prior to the check-in date. Reservations made less than 30 days prior to the check-in date will require full payment via credit card, cashier’s check, wire transfer, certified check or money order. If paying by check and check is returned for NSF, there is a $50 service charge per occurrence. Keys or entry code will not be issued until the final payment has posted to Manager’s Client Trust Account. Keys or entry code WILL NOT be issued with a balance owing or without a signed rental agreement in Manager’s, possession. Should Tenant fail to make Final Payment in full by the due date, Manager may in its sole discretion deem the reservation null and void, or charge the Final Payment to the credit card, if any, used by Tenant for the initial rental deposit. Payments for foreign reservations must be made in U.S. funds by money order, wire transfers, or cashier’s checks payable on a U.S. bank. Unless otherwise specified all rates are quoted in US dollars plus any applicable taxes. 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. SECURITY DEPOSIT: The security deposit is due WITHIN 10 DAYS of receipt of confirmation of reservation. The security deposit is fully refundable within 14 business days of termination of occupancy, provided that real and personal property remain on the premises and are in the same condition as when occupancy commenced (other than normal wear and tear) and all other terms of this agreement are met. Tenant agrees to reimburse Manager the amount of all damages and/or fines incurred. Manager requires a valid credit card to be kept on file to be used in the event the security deposit is inadequate to cover damages to unit, property therein or extra cleaning necessary. OCCUPANCY: Tenant understands and agrees that the Property shall be occupied by no more than the number of individuals (including children and infants) indicated in the “Rental Summary” on the Rental Agreement, and day/evening guests are limited to 4 persons. All day/evening guests must vacate the premises by 10:00 p.m. Should Tenant wish to entertain or have more than 4 guests; Tenant must obtain pre-approval by Manager in writing. CHECK IN POLICIES: Check in time is 4:00 PM. Early check-in is allowed only with prior approval. Property must be cleaned and ready for occupancy prior to check-in. Keys or entry code will be available for pick up at property location. Details will be provided once all fees and charges have been collected. CHECK OUT / CLEANING PROCEDURES: Check out time is 10:00 AM. If a Tenant needs a late check-out, PRIOR APPROVAL IS REQUIRED. A $75 hour fee will be charged for each hour (or portion thereof) past the required check out time. A $50 per item fee will be charged for each lost key, garage door opener and remote control that is not returned. Each property will be inspected, sanitized and cleaned prior to tenants arrival and after departure. TENANT IS REQUIRED to leave the property in the same general condition at Check-In. Specific and/or additional cleaning procedures are in the Property Information Binder in the unit. If additional cleaning is required, appropriate charges will be deducted from security deposit at the rate of $50 per hour. CANCELLATION POLICIES: Should Tenant wish to cancel this agreement, notice of cancellation must be in writing and mailed, faxed or e-mailed to Manager. It is Tenants responsibility to verify receipt by Manager. If cancellation is received more than ninety (90) days prior to check-in date, Manager will refund 100% of the sums paid, less a $150 booking/cancellation fee. If cancellation is received more than sixty (60) days prior to check-in date, Manager will refund 100% of the sums paid, less a $300 cancellation fee. If the notice of cancellation is received less than 60 days prior to check-in date, Manager will refund 100% of the sums paid, less a $1000 cancellation fee. If the notice of cancellation is received less than 30 days prior to check-in date, Tenant will forfeit the security deposit and all rent sums paid unless the property is re-rented and confirmed to another tenant at the same rate for the same time period, which will result in a charge of 10% of the total rent for entire duration of stay. There are no refunds for early departures, delayed arrivals, inclement weather or reduction in the number of nights reserved for any reason. Travel insurance is highly recommended. If the subject property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction delays, physical deterioration or loss of utility services, the Managers liability will be limited to the return of all monies paid on account at the time of cancellation. In the unlikely event Manager cancels your reservation; every attempt will be made substitute the rental with a like-kind. Notice shall be given a minimum of 60 days prior to arrival date and all monies received will be refunded to Tenant within 5 business days of cancellation notice. TERMINATION: If Guest or any member of Guest’s party or visitors violates the terms of this Agreement, Manager may terminate this Vacation Rental Agreement with no refunds. Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Occupancy is restricted to the maximum occupancy of the number of guests as set forth in this Rental Summary. Tenant agrees that conduct that disturbs or offends other guests or residents shall be deemed grounds for immediate termination. The Tenant shall vacate the premises no later than the Check-out time and date. Should the Tenant or their guests violate any of the terms of this agreement, or use the unit for any illegal or unlawful purpose or use of common areas in a manner contrary to the provisions of the rental agreement, or the rules of the homeowners association, the rental period shall be terminated immediately with no refunds. Tenant shall waive all rights to due process for failure to vacate the premises upon termination of the rental period. Manager or its agent may enter the premises and remove Tenant, the members of Tenant’s party and their belongings. Tenant is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law. IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY ILLEGAL ACTIVITY OR DISTURBANCES EMANATING FROM THE PREMISES OR GROUNDS, THERE WILL BE A MINIMUM $250 CHARGE TO LESSEE’S SECURITY DEPOSIT OR CREDIT CARD, AND SUCH AN OCCURANCE WILL BE CONSIDERED GROUNDS FOR IMMEDIATE EVICTION. 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 has a trust account issued by Wells Fargo NA. BLUEWATER VACATION HOMES RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS |
