Terms and Conditions
This is your sole guarantee. Except as stated below, upon your payment, we (the persons who own and operate the website where you found and purchased your lodging) guarantee to provide you accommodations at the resort you selected, for the dates you selected, and sleeping the number of persons stated on the confirmation we send you.
ALL PAID AND CONFIRMED RESERVATIONS ARE NON-REFUNDABLE, NON-CHANGEABLE, AND NON-CANCELLABLE.
For an additional fee, we may offer you a cancellation waiver, which would allow you to cancel and receive a refund of your lodging payment. Waivers are not available on many confirmed reservations, and are only available for your purchase if offered to you by us in writing .
EVENT OF FORCE MAJEURE: IF YOUR CONFIRMED LODGING BECOMES UNAVAILABLE DUE TO AN EVENT OF FORCE MAJEURE, THEN WE SHALL BE EXCUSED FROM FURTHER PERFORMANCE, UPON NOTICE (WHICH MAY BE PROVIDED BY ANY REASONABLE MEANS, INCLUDING TEXT OR EMAIL) TO YOU STATING THE REASON FOR SUCH NONPERFORMANCE, AND WITHOUT OBLIGATION TO REFUND ANY AMOUNTS THAT YOU PAID PRIOR TO SUCH NOTICE.
The term “Event of Force Majeure” shall mean:
i. an act of God or of a public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, nuclear disaster, declared or undeclared war, revolution, insurrection, riot, act of piracy, act of terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or quarantine; or
ii. action by a governmental authority, a court, appointment of a receiver or mortgagee in possession, or an assignment for the benefit of creditors; or
iii. a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within our power to concede; or
iv. any other cause or circumstance beyond our reasonable control.
If, under Force Majeure circumstances, we are able to obtain any refund or concession from the resort, we will pass that refund or concession through to you, minus any costs we incur in the process.
IF YOU PURCHASE LODGING FROM US, YOU ACKNOWLEDGE AND UNDERSTAND THAT “WE ARE NOT THE RESORT”. WE DO NOT OWN OR MANAGE ANY RESORT. WE ARE NOT RESPONSIBLE FOR THE QUALITY OR AVAILABILITY OF THE RESORT’S ACCOMMODATIONS, FACILITIES, AMENITIES, MANAGEMENT, OR SERVICES. THE INFORMATION WE PROVIDE ABOUT RESORTS IS BASED ON INFORMATION WE OBTAIN FROM THE RESORT OR ITS AGENTS. WE DISCLAIM LIABILITY RESULTING FROM INACCURATE, INCOMPLETE OR MISLEADING INFORMATION CONCERNING ANY RESORT. IF YOU PURCHASE LODGING FROM US, YOU ALSO ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF ANY LOSS, DAMAGE OR INJURY, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED ON OR BY US, OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW, OR ANY OTHER ALLEGED FAULT ON OUR PART.
Complaints about a resort’s accommodations or services should be made at the earliest opportunity to a person of authority (Front Desk staff or manager) at the resort. If this does not produce a satisfactory result, you may contact us by calling 520-761-1412 or emailing us at [email protected]. We will make a reasonable effort to assist you with any issues.
Governing Law. These Terms and Conditions are governed by and construed under the laws of the State of Arizona, without regard to its conflicts of law principles. You consent and waive any objection to the exclusive personal jurisdiction of and venue in the Arizona state courts situated in Pima County, Arizona, and the United States District Court for the District of Arizona, for all disputes arising out of or relating to your relationship with us.
WAIVER OF JURY TRIAL. THE PARTIES, FOR THEMSELVES AND FOR THEIR SUCCESSORS AND ASSIGNS, WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION ARISING OUT OF OR RELATING TO YOUR RELATIONSHIP WITH US. If any legal action is initiated by you or by us, and we prevail, you agree that you shall, without limitation, pay all costs incurred by us in defending or pursuing such action, including reasonable attorneys’ fees and costs.
Partial Invalidity. If all or any part of a provision of these Terms and Conditions is declared invalid or unenforceable for any reason, the remainder of the Terms and Conditions shall be enforced to the fullest extent permitted by law. Any such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties as set forth herein.