Villa Boheme Terms & Conditions

Welcome to the Terms & Conditions of Use for this website (the “Site”). Your use of the Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on this Site is subject to Villa Boheme’s Privacy Policy for Guests (available at villaboheme.com/privacy), which is hereby incorporated into these Terms & Conditions.

The Site offers information on properties managed, franchised, owned, licensed, or developed by affiliates of Villa Boheme. As used throughout the Site, the terms “Villa Boheme,” “the Company,” “our,” “we,” “us,” “our,” and other similar terms may refer to Villa Boheme, or one or more of their direct or indirect subsidiaries or affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any of particular entity.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.

Use of Site Terms & Conditions

General

You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. The services of the Site are not intended for and should not be used by minors. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through this Site. You agree to comply with these Terms & Conditions and any such applicable additional terms and conditions.

Accounts / Passwords

You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.

Reservations

Villa Boheme provides the Sites solely to permit you to determine the availability of certain goods and services. You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorized in advance to act. Unless you have obtained prior written permission from Villa Boheme, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms). Reservations made in violation of these Terms & Conditions may be cancelled without notice in Villa Boheme’s sole discretion. Villa Boheme further reserves the right to cancel reservations without notice that are transferred in violation of these Terms & Conditions.

Credit Card Information

The storage of credit card information on the site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Villa Boheme may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Villa Boheme with your account information or if you have established a link with such devices.

Villa Boheme’s Right to Cancel / Errors / Mistakes

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Villa Boheme assumes no responsibility or liability for such errors, inaccuracies, or omissions. Villa Boheme shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Villa Boheme shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

Promotional Information

The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Villa Boheme reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

Prohibited Uses

Any commercial use of this Site is expressly prohibited unless you have obtained prior written consent from Villa Boheme. You may not use this Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Villa Boheme’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Villa Boheme’s prior express written consent.

Privacy & Confidentiality

Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to Villa Boheme’s Privacy Policy for Guests  (available at villaboheme.com/privacy),  which is hereby incorporated into these Terms & Conditions. Any communications such as searches, questions, comments, suggestions, requests and similar communications submitted by you to Villa Boheme are not confidential communications, and Villa Boheme shall be free to use, reproduce, publish, distribute, and disclose such communications. Villa Boheme is under no obligation to protect such communications from disclosure. Villa Boheme may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Villa Boheme is also free to use for any purpose whatsoever any ideas, concept, content, techniques, or know-how in such communications without limitation and without any obligations to you.

Browsing Habits

The Site may tailor information, offers, and other content based on your browsing habits on the Site and your geographic location.

Links

The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Villa Boheme provides these links solely as a convenience to you. The inclusion of these links in no way indicates Villa Boheme’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Villa Boheme’s express prior written consent.

Miscommunications / Lost Transactions

Villa Boheme is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Villa Boheme is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.

Availability

The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Villa Boheme’s products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

General Legal Terms

Right to Restrict Access

In addition to any other rights or remedies that may be available to Villa Boheme, Villa Boheme may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Site at any time and without notice.

Warranty Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability

NEITHER Villa Boheme NOR ANY Villa Boheme PARENT NOR ANY Villa Boheme SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE OR LICENSOR SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Villa Boheme HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Villa Boheme’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Villa Boheme, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.

Jurisdiction / Governing Law / Choice of Forum

This Site is controlled and operated by Villa Boheme from its offices within the Commonwealth of Puerto Rico, United States of America. Villa Boheme makes no representation that the content or materials on this Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Puerto, Rico, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

No Waiver

Villa Boheme’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

Forward Looking Statements

Certain statements and assumptions in the Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend,” or similar expressions, we intend to identify forward-looking statements. Such statements are subject to numerous assumptions and uncertainties as described in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of the Site. Forward looking statements made in the Site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.