1) Omnihotels.com offers information on hotels and resorts owned, managed, or franchised by Omni Hotels® and its affiliates. Access to and use of this Web site is subject to the following terms and conditions, and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THIS WEB SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS AND CONDITIONS, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY. We reserve the right, at our discretion, to change and or modify portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.
2) The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act.
3) The content and information used and displayed on this Web site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, are the property of Omni Hotels or its affiliates, and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. The modification, reproduction, transmission, distribution, dissemination, selling, publication, broadcasting or circulation this material is strictly prohibited.
4) Omni Hotels’ Internet sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Omni Hotels and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Omni Hotels and/or other parties is granted to or conferred upon you.
5) You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Omni Hotels representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
6) You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. In its sole discretion, in addition to any other rights or remedies available to Omni Hotels, and without any liability whatsoever to you, Omni Hotels, at any time and without notice, may terminate or restrict your access to this Site and any related services.
7) To the maximum extent permitted by law, Omni Hotels, its affiliates, and third parties connected to Omni Hotels hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Omni Hotels’ Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect Omni Hotels’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OMNI HOTELS, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT OMNI HOTELS IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
8) You agree to indemnify and hold Omni Hotels and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Omni Hotel's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
10) Omni Hotels Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Omni Hotels shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Omni Hotels reserves the right to make changes, corrections, cancellations and/or improvements to Omni Hotels Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
11) Omni Hotels does not review or monitor any Web sites linked to omnihotels.com and is not responsible for the content of such Web sites. Your linking to these Web sites is at your own risk. Omni Hotels is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Omni Hotels has no control over such sites and resources, you acknowledge and agree that Omni Hotels is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available on or available from such sites or resources. Omni Hotels reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a Web site to omnihotels.com.
12) This Web site contains information on Omni Hotels’ products and services, not all of which are available in every location. A reference to an Omni Hotels product or service on this Web site does not imply that such product or service is or will be available in your location. Omni Hotels reserves the right to alter or withdraw any program, offer or promotion at any time. Requests for specific features such as bedding type or non-smoking rooms are simply that, and while Omni Hotels will strive to honor your requests, Omni Hotels does not guarantee that your request will be honored.
13) Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that you qualify for the rate that you have booked. Omni Hotels is not obligated to honor this rate if you do not qualify or are unable to provide the requisite proof of qualification.
14) For non-US Properties, rates confirmed in USD may be converted to local currency by the Property at your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Omni Hotels’ control and may impact the amount charged to your credit card.
15) YOU AGREE THAT NEITHER OMNI HOTELS NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE. OMNI HOTELS MAKES NO WARRANTY OR REPRESENTATION REGARDING CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER OMNI HOTELS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER OMNI HOTELS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
16) TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY OMNI HOTELS WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
17) If Omni Hotels takes any action to enforce this Agreement, Omni Hotels will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Omni Hotels may be entitled.
18) This is a United States website and is subject to United States law. Omni Hotels will disclose any information regarding the use of this site including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Omni Hotels, guests, visitors, associates, or property (including this site), or to others. These Terms and Conditions of Use and any disputes arising out of or related to the Web Sites or use of the Web Sites, shall be governed by, construed and enforced in accordance with, the laws of the State of Texas, without regard to its conflict of laws rules. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
19) These Terms apply to your use of the Web Sites, including all transactions you effect through the Web Sites. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.