Agreement between customer Harmony Motel.
Welcome to the HARMONY MOTEL.com website (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of lodging-related goods and services, making legitimate reservations or otherwise transacting business with accommodation suppliers, and for no other purposes.
These pages, the content and infrastructure of these pages, and the online motel reservation service provided on these pages and through this website (the “service”) are owned, operated and provided by Harmony Motel (“Harmony Motel “, “us”, “we” or “our”) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. The term “you” refers to the customer visiting and searching for accommodations via the Website and/or booking a reservation through us on this Website, or through our customer service agents.
These terms and conditions as may be amended from time to time apply to all our services directly or indirectly (through distributors) made available online, by email or by telephone. By accessing, browsing and using our website and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Statement). If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. The Harmony Motel reserves the right to refuse service to a guest/customer. No pets allowed, no smoking in the rooms of any substance. No lighting flammable objects, candles, incense sticks on the ground rooms or patios of the Harmony Motel.
1. Scope of our Service
Through this website we (HARMONY MOTEL.com) provides an online platform through which HARMONY MOTEL or ‘places to stay’ (including all types of temporary accommodations including hotels, motels, lodges, cabins, RV Parks and vacation homes, rentals, and condos) can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through HARMONY MOTEL.com, you enter into a direct and legally binding contractual relationship with the HARMONY MOTEL at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the HARMONY MOTEL, transmitting the details of your reservation to the relevant HARMONY MOTEL and sending you a confirmation email for and on behalf of the HARMONY MOTEL. Your confirmation email is your contract between the HARMONY MOTEL and yourself.
When rendering our services, the information that we disclose is based on the information provided to us by the HARMONY MOTEL. As such, the HARMONY MOTEL are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our website or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each HARMONY MOTEL remains responsible at all times for the accuracy, completeness and correctness of the descriptive information including the rates and availability displayed on our website based on a contractual agreement between the HARMONY MOTEL and HARMONY MOTEL.com. HARMONY MOTEL.com does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any HARMONY MOTEL made available.
Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
2. Use of the Website
As a condition of your use of this Website, you warrant that:
1. you are at least 18 years of age,
2. you possess the legal authority to create a binding legal obligation,
3. you will use this Website in accordance with this Agreement,
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to
5. all information supplied by you on this Website is true, accurate, current and complete, and
6. if you have an HARMONY MOTEL.com account, you will safeguard your account information and will supervise and be completely
responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose. Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
The prices or rates on our site are highly competitive. All rates on the HARMONY MOTEL.com platform/website are per room for your entire stay and are displayed including transient or lodging tax and all other taxes per the property, unless stated otherwise on our website or in the confirmation email.
Sometimes cheaper rates are available at our website for a specific stay at an HARMONY MOTEL, however, these rates made by HARMONY MOTEL may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
In the event of a strike-thru rate, where we have struck through the original price and offered a discounted rate, we have simply relayed a deal that the HARMONY MOTEL keeper has set up in the extranet based on their parameters of deal length, duration, and discount percentage or amount savings.
By making a reservation with an HARMONY MOTEL, you accept and agree to the relevant cancellation and no-show policy of that HARMONY MOTEL, and to any additional (delivery) terms and conditions of the property that may apply to your reservation or during your stay, including for services rendered and/or products offered by the HARMONY MOTEL (the delivery terms and conditions of a HARMONY MOTEL can be obtained with the relevant HARMONY MOTEL). The general cancellation and no-show policy of each HARMONY MOTEL is made available on our website at the HARMONY MOTEL information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the HARMONY MOTEL’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the HARMONY MOTEL carefully prior to making your reservation.
6. Currency Converter
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but HARMONY MOTEL.com does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use.
7. Copyright and Trademark Notices
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, or that you otherwise provide to us in connection with any of our products or services, and you grant the Site and the members of the HARMONY MOTEL Hospitality Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist usat our expense and controlto protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of the HARMONY MOTEL against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
All contents of this website are copyrighted © 2016 HARMONY MOTEL.com, Inc. HARMONY MOTEL.com is not responsible for content on websites operated by parties other than HARMONY MOTEL.com. The HARMONY MOTEL.com logo and the term HARMONY MOTEL are registered trademarks in the U.S. and/or other countries of HARMONY MOTEL.com, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at info@HarmonyMotel.com.
8. Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. HARMONY MOTEL.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
9. Limited Liability Disclaimer
IN NO EVENT WILL THE SITE, any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the motel as made available on our website,
(iii) the services rendered or the products offered by the Harmony Motel,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
(v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to Harmony Motel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
10. Software Available On This Website
Any software that is made available to download from this Website (“Software”) is the copyrighted work of HARMONY MOTEL.com. Your use of such 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 License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the HARMONY MOTEL.com, Inc. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You agree to defend and indemnify Harmony Motel and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) Your breach of this Agreement or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Website.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE Harmony Motel HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by HARMONY MOTEL.com, Inc., its suppliers or providers.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with United States of America law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of California, United States of America.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
13. Service Help
For quick answers to your questions or ways to contact us, visit FAQ. Or, you can write to us at:
Attn: Harmony Motel
71161 29 Palms
Twentynine Palms, California 92277 USA
Revised and Effective as of December 20, 2010
© 2016 Harmony Motel.