2014 BNP Paribas Open
Terms and Conditions
Pertaining to Hotel Packages
Indian Wells Tennis Garden, Indian Wells, California
March 3 - 16, 2014
A. Terms and Conditions for Hotels, Hotel Packages and Services:
Provision of Hotels and Services
The listed prices for Hotel Packages are based upon rates available as of July 1, 2013 and are subject to change without notice. However, once a Hotel Package is booked, the price quoted for that Hotel Package is guaranteed.
DC acts solely as an intermediary or agent for suppliers in selling hotel accommodations and services not directly supplied by it in connection with events held at the Indian Wells Tennis Garden. The suppliers providing hotel accommodations and other services are independent contractors and not employees or agents of DC or any of its members, subsidiaries or affiliates or their respective officers, directors, employees and agents, successors and assigns (collectively, the “DC Related Parties”). DC and the DC Related Parties are not liable for the acts, errors, omissions, representations, warranties or negligence of any such supplier or for any personal injury, death, property damage or loss, or other damage or expense, resulting therefrom to you, your traveling companions or group members, or any third party. DC and the DC Related Parties are not liable for any personal injury, death, property damage or loss, or other damage or expense, or delay to you, your traveling companions or group members or any third party resulting directly or indirectly from any occurrence or condition, including but not limited to acts of God, acts of war, terrorism, hostilities or civil disturbances, weather, delays, cancellations, travel overbooking, strikes, defects in vehicles or equipment, acts of government or other authorities, thefts, quarantines, epidemics or other force majeure events.
Only authorized representatives of DC may vary, add or waive any terms or conditions set forth in the brochure or on the website. Your acceptance of tickets, reservations or bookings shall signify your consent to the above and an agreement on your part to convey the contents hereof to your travel companions or group members. DC reserves the right to reject any booking request, deposit or payment.
Reservations and Deposits
All rates are quoted in U.S. dollars. A non-refundable deposit is required at the time of booking in the amount of 50% of the total cost for the hotel/ticket package, per person. The remaining balance is due no later than January 20, 2014. Payment can be made by American Express, VISA, MasterCard or by check in United States dollars made payable to “Desert Champions LLC”.
Included and Excluded Features
Hotel Packages include only those services and benefits specified in the brochure or the website at the time of booking.
DC is responsible for making arrangements for the hotel accommodations and services offered in the Hotel Packages specified in the brochure and/or on the website. If the hotel accommodations and/or services included in your Hotel Package cannot be supplied for any reason, or if there are changes in the itinerary, DC will use commercially reasonable efforts to substitute comparable hotel accommodations and/or services.
All cancellations made on or prior to February 1, 2014 will result in a cancellation fee equal to 50% of the full hotel/ticket package price per person. In addition, any unrecoverable expenses and/or cancellation charges imposed by the suppliers will be separately assessed and are payable by you. Cancellations made after February 1, 2014 will result in a cancellation fee equal to 100% of the full hotel/ticket package price per person. Cancellations shall be deemed made when DC receives notice of cancellation via telephone at 800-999-1585, e-mail to firstname.lastname@example.org, voice mail message, postal or courier service. A DC Travel Department representative will confirm your cancellation within forty-eight hours.
No refund, credit, exchange or substitution will be made for any missed, unused, canceled or delayed hotel accommodation, service, meal, event session or activity that is included in the Hotel Package, whatever the cause.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and DC as a result of your use of DC’s services arranging the Hotel Packages or for your use of the website.
Software and Copyrights
Certain software, data, logos and marks on the website or in the brochure is copyrighted or exclusive property of DC and/or the service providers and may not be used by you for any commercial purpose or in an improper manner.
Use of Website
You may only use the website to make legitimate inquiries and/or bookings and may not use the website for any other purpose. You will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the website.
You agree to indemnify, defend and hold harmless DC and the DC Related Parties, and the service providers and their respective parents, members, subsidiaries, affiliates and each of theirs officers, directors, employees and agents, successors and assigns, from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the website.
Compliance with Service Providers
Please note that separate terms and conditions dictated by the applicable service provider will apply to your booking and purchase of the Hotel Package.
You acknowledge and agree that by providing personal information through the website or directly to DC for the purpose of booking and/or purchasing a Hotel Package you consent to DC (a) sharing certain of that information with the service providers solely as necessary to complete the transaction you have requested and (b) using that information in the promotion of events held at the Indian Wells Tennis Garden.
DC and/or the service providers may at any time modify (a) the brochure and/or the website, including eliminating or discontinuing any content on or of the brochure and/or the website, (b) any fees or charges for use of the website and (c) these Terms and Conditions. Your continued use of the website and our services will be conditioned upon the Terms and Conditions in force at the time of your use.
Governing Law; Venue
These Terms and Conditions and their validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of Riverside County, state of California, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.