Gift Certificates and Gift Cards
These Terms and Conditions (this “Agreement”) form a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietor, or other business entity (“you” or “your”) and bnbfinder, LLC and its successors and assigns (collectively, the “Company”) governing your use of physical and electronic gift certificates and gift cards (collectively, “Redemption Products”) accessible through (i) the Company’s website accessible via http://www.bnbfinder.com or another web site or IP address designated by the Company, and (ii) any mobile application operated by the Company (collectively, the “Site”). If you have entered into a written and signed agreement with the Company regarding the acceptance or redemption of Redemption Products, that agreement supersedes, governs, and controls with respect to any conflicting term or provision in this Agreement.
BY ACCEPTING OR REDEEMING ANY REDEMPTION PRODUCT, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS AND REGULATIONS, DO NOT ACCEPT OR REDEEM ANY REDEMPTION PRODUCT.
Redemption Products sold by the Company may be redeemed at properties who have elected to participate in the Company’s program (each a “Participating Property”) in accordance with the terms of this Agreement. The Company designates Participating Properties on the Site with a special gift certificate icon next to the Participating Property’s listing.
When a user of the Site who has purchased a Redemption Product (a “Guest”) presents the Redemption Product for redemption at the Participating Property, the Participating Property must submit the Redemption Product to the Company for payment. Redemption Products have redemption instructions printed on them. A Participating Property that receives a redemption Product from a Guest simply needs to submit the required information from the Redemption Product to the Company online and select whether to receive payment by check.
The Company will make payment to the Participating Property at 85 percent of the face amount of the Redemption Product actually redeemed by the user the Participating Property via check sent by mail within 10 days after the Company’s receipt of the Redemption Product from the Participating Property. The Company will retain 15 percent of the face value of the Redemption Product for the Company’s use, among other things, in the marketing and promotion of the Company’s Redemption Product program.
If a Redemption Product is presented to a Participating Property for fees that total less than the face value of the Redemption Product, the unused amount will remain on the Redemption Product and can be used for future reservations.
The following terms also apply to the Company’s Redemption Product program:
- Only one Redemption Product may be redeemed per stay at each Participating Property.
- Redemption Products may not be used at the same Participating Property for back-to-back reservations.
- Advance reservations are required.
- Each Participating Property agrees not to impose blackout dates on any Redemption Product, however all rooms are subject to availability at time of booking.
- Redemption Products may only be redeemed on reservations booked directly with the Participating Property or for reservations made directly on bnbfinder.com. Redemption Products are not valid for bookings made on any other third party sites.
- Redemption Products may not be used in combination with special offers or discounts, third-party promotions, group bookings, wedding, or other group functions.
- A Participating Property has no obligation to accept Redemption Products for group services or dining.
- Each Participating Property must (i) collect the order and Redemption Product numbers from the Redemption Product when making the reservation and (ii) verify the Guest has the Redemption Product at check-in.
- When redeeming a Redemption Product, Participating Property agrees to request photo ID and credit card along with their valid Redemption Product.
- ALL POLICIES APPLICABLE TO ANY PARTICIPATING PROPERTY, INCLUDING DEPOSIT, MINIMUM STAY AND CANCELLATION POLICIES APPLY.
- Each Participating Property is responsible for collecting all taxes, duties, fees, gratuities and assessments arising out of the use of the Redemption Product from the Guest directly.
- Redemption Products are not redeemable for cash and Participating Property is not responsible to refund any unused portion to the Guest directly.
- Participating Property is not responsible for lost or stolen Redemption Products.
The Company warrants that Redemption Products may be redeemed in accordance with the terms set forth above and makes no other warranty or representation. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE REDEMPTION PRODUCTS ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE REDEMPTION PRODUCTS, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) THE COMPANY AND THE COMPANY PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM USE OF THE REDEMPTION PRODUCTS OR OTHERWISE RELATING TO THIS AGREEMENT, AND (c) USE OF THE REDEMPTION PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND NEITHER THE COMPANY NOR ANY OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF THE COMPANY IN CONNECTION WITH THE REDEMPTION PRODUCTS AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FACE VALUE OF THE REDEMPTION PRODUCT IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE REDEMPTION PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR PARTICIPATING IN THE REDEMPTION PRODUCT PROGRAM. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
All issues and disputes regarding the Redemption Products, or the rights and obligations of the parties under this Agreement, shall be governed by the substantive laws of the State of Texas without reference to conflicts principles, and shall be resolved through binding arbitration under the commercial rules of the American Arbitration Association (“AAA”) in Austin, Texas. If any term of this Agreement is held to be void and unenforceable, it shall be severed herefrom and the remainder of this Agreement shall remain in full force and effect.