User Agreement
The web-site located at www.CasaSanMiguelito.com and the services available from the Website are subject to the following terms and conditions. Please read the following terms and conditions closely before using our Website. By accessing, browsing and using the Website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree with any part of these terms and conditions, you are explicitly directed not to use the Website.
The Website and its contents are owned and operated by Casa San Miguelito, a licensed Vacation Rental business.
The terms "we," "us," "our" "CSM" and the "Company" refer collectively to Casa San Miguelito, and "you" and "your" refer collectively to the customer booking a reservation through us directly through the Website, or indirectly through any of our affiliates through whom we provide services and/or goods. All reservations and/or purchases you make through us are subject to the terms, conditions and notices as they exist at the time the reservation is made. We, and third-party suppliers, reserve the right to change these terms, conditions and notices, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of our Website and facilities.
CSM Terms and Conditions
Your Warranties To Us
As a condition of your using the Website, booking a reservation and/or purchasing goods through us, or using any of the information, data or images from these Website, you warrant and represent to us that you will not use the Website or the information, images or data contained on the Website, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Website. You further warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use the Website in accordance with the terms and conditions of this agreement. You agree to be financially liable for all of your uses of the Website as well as for the use of your name and credit card account to pay for any products and services purchased at the Website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household while using the Website is true and accurate.
Terms Of Service
The Website provides assistance to customers in determining the availability of certain goods and services and/or purchasing such goods and services. In certain instances, it is possible that you will be purchasing goods and services directly from third party suppliers and in other instances you will be purchasing goods and services directly from the Company.
If goods or services are purchased or reservations are made directly from suppliers, separate terms and conditions of such suppliers will apply to your reservations or purchases of goods or services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of any products or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any Vacation Rentals, in your forfeiting any monies paid for such reservations or purchases, and in the Company debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Website, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. You further agree that any claims that you may have arising out of such purchases will only be against such suppliers and not the Company.
As stated above, the Website may accommodate the sale of certain goods and/or services to you directly. Your use of the Website, including, but not limited to, purchase of certain goods and services through the Website constitutes your agreement with the terms and conditions contained herein. With respect to reservations made directly through the Website, they are further subject to the published conditions and rules of the Vacation Rental Agreement. A reservation and/or purchase made directly through the Website will be subject to the cancellation and return policy that is applicable to that particular reservation and/or purchase which will be made known to you prior to your making such reservation and/or purchase. You further agree and acknowledge that your credit card may be charged for the full cost of your reservation upon submitting your reservation request regardless of whether the reservation is used.
With respect to items other than a Vacation Rental reservation sold through the Website, we cannot confirm the price of an item until you complete your order. Separate and more detailed terms and conditions may apply to your purchase order of goods with respect to the sale, delivery, return or exchange of the goods you select.
Despite our best efforts, sometimes published prices may be incorrect, especially when viewing third-party sites. If an item's correct price is higher or lower than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Submission Of Website Content
CSM aims to display on its Website high quality travel content that originates from CSM or is by clients of CSM Vacation Rentals (such as reviews). You understand that all recommendations, opinions, articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials, as such term is hereinafter defined (collectively, "Website Content") appearing on the Website or submitted to the Website is the responsibility of the person or entity originating such Website Content, and CSM disclaims any liability with respect to such Website Content (see Disclaimer below). By submitting Vacation Rental reviews, CSM Guides recommendations, comments and opinions, news articles, directories, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials to the Website ("Content"), you warrant that: (a) you are the owner of such Content, or have been granted all the rights necessary from the owner thereof to submit such Content to the Website and for the use by CSM as stated herein, and (b) the use of such Content by CSM will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting Content to the Website or third party, publicly available websites (including, but not limited to, websites such as VRBO, TripKey and AirBnB): (a) you automatically grant to CSM (or warrant that the owner thereof has granted to CSM), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Content to or on any other commercial travel-related Website or on-line service without CSM's prior written consent, which consent may be withheld by CSM in its discretion. Consent may be requested by sending an e-mail to Relax@CasaSanMiguelito.com. You understand that CSM will have the right (but under no circumstances will CSM have any obligation) to screen, edit, refuse to post or remove any Content, in whole or in part, from any portion of the Website, in its sole discretion, including, but not limited to, Content that violates these terms and conditions or is otherwise objectionable. CSM reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Website.
You agree that you will not use the Website to:
- Submit, post, upload or otherwise transmit any Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- Submit, post, upload, or otherwise transmit any Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- Submit, post, upload or otherwise transmit any Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
- Submit, post, upload or otherwise transmit any Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of the CSM editors;
- Advertise or offer to sell any goods or services for any commercial purpose;
- Conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
- Impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
- Falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Website Content appearing on the Website or contained in a file that is uploaded; harm minors;
- Stalk or harass another individual;
- Collect or store personal data about other members;
- Violate any applicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Website.
CSM RESERVES THE RIGHT TO REMOVE OR BLOCK ANY VISITOR FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON IN CSM'S SOLE DISCRETION.
Risk Of Loss
All goods purchased from the Website for Vacation Rental reservation are made pursuant to a shipment contract, particularly as related to contracts and monetary instruments. Consequently, the risk of loss for such item(s) pass to you upon our delivery to the carrier.
Tax
A tax recovery charge may be assessed to you to recover any amounts we pay to the Vacation Rental in connection with your reservation for sales and use, occupancy, room excise tax, value added and other similar taxes, and the balance of the additional amount, if any, is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and timing of your reservation.
In certain circumstances, we are not the vendor collecting and remitting such taxes to the applicable taxing authorities. The vendors bill all applicable taxes to us and we remit such taxes directly to the vendor. In such instances, we are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly. Our actual tax cost paid to a vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc., in effect at the time of the actual use of the Vacation Rental by the customer.
With respect to the purchase(s) of certain goods, such purchase may be subject to state and local sales tax, depending on the location to which the goods are being shipped. We reserve the right to charge any applicable tax that will be applied to the items you purchase through our Website and delivery, in accordance with applicable laws.
Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by all relevant governmental authorities and agencies prior to booking travel to international destinations.
BY OFFERING RENTAL OF THE PROPERTY, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL.
Links To Third Party Website
Our Website contains links to Websites operated by parties other than the Company. Those links are provided to you for your reference and convenience only. These third-party Websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send or serve the advertisements that may appear on our Website directly to your browser. We do not own or control the content of those Websites and are not responsible for their content or your use of them. We do not endorse the content of any of those Websites.
Electronic Communications
You communicate with us electronically whenever you visit our Website or send emails to us. You consent to receive communications from us by any means. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or fax satisfy any legal requirements that communications be in writing.
Warranty And Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE VACATION RENTAL PHOTOGRAPHS, VACATION RENTAL PROPERTY DESCRIPTIONS, AND LISTS OF VACATION RENTAL PROPERTY AMENITIES DISPLAYED ON THE WEBSITE. VACATION RENTAL RATINGS DISPLAYED ON THE WEBSITE ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE COMPANY AND THIRD-PARTY WEBSITES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME. ALTHOUGH THE WEBSITE CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEBSITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CSM DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEBSITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
THE WEBSITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. CSM DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH WEBSITE CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEBSITE CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.
CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME. CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SUPPLIERS PROVIDING SERVICES FOR THE COMPANY ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CSM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend and indemnify CSM, its affiliates, 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: (i) you or on your behalf in excess of the liability described above; or (ii) 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 the Website.
General
By using the Website, submitting content, booking a reservation and/or purchasing goods or services through the Website, you agree that the internal laws of the State of California, USA, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of the Website, Vacation Rental reservations and/or purchasing goods or services made through us may, if not amicably resolved, be resolved only through arbitration between you and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in Avila Beach, CA, before neutral arbitrators, shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company and its affiliates with respect to your use of the Website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CSM as a result of this agreement or use of the Website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company and its affiliates with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company and its affiliates with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CSM may assign its rights under these terms and conditions to any party without your consent. These terms and conditions shall inure to the benefit of CSM, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Any rights not expressly granted herein are reserved.
Modification Of These Terms And Conditions
We reserve the right to change the terms, conditions, and notices under which the Website are offered with or without notice. You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our Website and facilities.
Termination
We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our Website and/or service at any time and for any or no reason, with or without prior notice, and without liability.
Termination By You
You may discontinue your participation in and access to the Website at any time. These terms and conditions will continue to apply to all past use of the Website by you, even if you are no longer using them. In the event of Termination by you, you acknowledge that CSM may retain copies of your content.
Copyright And Trademark Notices
Casa San Miguelito and CSM, are trademarks and/or service marks of CSM. You agree not to display or use in any manner any marks of CSM without CSM's prior permission. All contents of the Website are copyrighted by Casa San Miguelito, 2017-2018. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
PRIVACY
Casa San Miguelito understands the importance of your privacy, which is why we are the sole owner of the information collected on this site. In fact, we only collect and have access to information that you voluntarily provide via email, over the phone, letter, text or through our website and we guard that vigilantly. Casa San Miguelito will not sell or rent your information to anyone.