Hercor Hotel | PRIVACY & TERMS OF SERVICES

HERCOR HOTELS
INTERNET PRIVACY POLICY STATEMENT

The people of Hercor Hotels understand that you are concerned about privacy, so we’ve instituted policies intended to ensure that your personal information is handled safely and responsibly. This Privacy Statement outlines the information Hercor Hotels will collect and how that information will be used. This privacy statement applies to all websites owned or operated by Hercor Hotels or its affiliates, including “hercorhotel.com”, “hotelhercor.com” and “hoteleshercor.com”.

INFORMATION WE COLLECT

As appropriate, Hercor Hotels may collect personally identifiable information from you voluntarily to provide you with a particular service. We may ask you for information such as name, address, telephone number and email address

COOKIES

A cookie is a small file stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Cookies also measure usage of various pages on our website to help us make our information more pertinent to your needs and easy for you to access, and they provide functionality that we believe would be of interest and value to you.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our website.

BROWSING

We do not collect personally identifiable information from your computer when you browse this website and request pages from our servers. Unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTP header.

INFORMATION USE
SECURITY AND STORAGE OF INFORMATION

All personal and general information that reaches Hercor Hotels is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Hercor Hotels. Because laws applicable to personal information vary by country, our hotels or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this statement is generally processed and stored in the United States.

Hercor Hotels may share your personal information with our properties, subsidiaries and select third parties as we deem appropriate. Your personal information may also be disclosed if necessary to: (1) enforce our Web Site Agreement; (2) protect and defend the rights or property of the Company; (3) comply with a court order or other legal process or other legal requirements of any governmental authorities, including but not limited to authorities that regulate gaming activities; or (4) governmental authorities, in the sole discretion of the Company, in exceptional circumstances, such as a national emergency, security concern, or other situation in which the Company deems such disclosure prudent.

Hercor Hotel uses the services of third parties, such as e-mail service providers and marketing companies that act as agents on behalf of Hercor Hotels. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Hecor Hotels specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Hercor Hotels family of companies for use without your approval.

E-MAILS ABOUT SPECIAL OFFERS/PROMOTIONS AND OPT-OUT

It is our intention to send you only e-mail communications that will be useful to you and that you want to receive. These communications will relate to Hercor Hotels offers and/or the promotions of select, reputable third parties with whom Hercor Hotels has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We use a third-party e-mail service provider to send e-mails. This service provider is prohibited from using your e-mail address for any purpose other than to send Hercor Hotels related e-mail. When you receive an e-mail, you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail.

USE OF THIRD-PARTY INTERNET SITES

Third-party Internet sites and services accessible through Hercor Hotels have separate privacy and data collection practices, independent of us. Hercor Hotels has no responsibility or liability for these independent policies or actions.

PRIVACY STATEMENT CHANGES

In the future, we may need to change this privacy statement. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

TERMS & CONDITIONS
User Agreement
Please read the following terms and conditions closely before using our website. By accessing, browsing and using this 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 must not use this website.

The terms “we,” “us,” “our” and the “Company” refer collectively to Hercor Hotels and “you” and “your” refer collectively to the customer booking a reservation and/or purchasing goods through us directly through this 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 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.

Your Warranties to Us
As a condition of your using this website, booking a reservation and/or purchasing goods through us, or using any of the information, data or images from this website, you warrant and represent to us that you will not use this 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 this 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 this website in accordance with the terms and conditions of this agreement. You agree to be financially liable for all of your uses of this website as well as for the use of your name and credit card account to pay for any products and services purchased at this 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 this website is true and accurate.

Terms of Service
You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this 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.

Your use of this website, including, but not limited to, purchase of certain goods and services through this website constitutes your agreement with the terms and conditions contained herein. With respect to hotel reservations made directly through this website, they are further subject to the published conditions and rules of the hotel. A reservation and/or purchase made directly through this 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 hotel reservation sold through this 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.

Risk of Loss
All goods purchased from this website other than E-ticket(s) for hotel reservation are made pursuant to a shipment contract. Consequently, the risk of loss and title for such item pass to you upon our delivery to the carrier.

Tax
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.

Electronic Communications
You communicate with us electronically whenever you visit our website or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

Warranty and Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS WEBSITE. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE HOTEL PHOTOGRAPHS, HOTEL PROPERTY DESCRIPTIONS, AND LISTS OF HOTEL PROPERTY AMENITIES DISPLAYED ON THIS WEBSITE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS 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. THE COMPANY, ITS AFFILIATES, 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 NONINFRINGEMENT.

THE COMPANY AND ITS AFFILIATES 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. THE COMPANY AND ITS AFFILIATES 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 THE COMPANY, ITS AFFILIATES, 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 THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 the Company, 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 this website.

General
By using this website, booking a reservation and/or purchasing goods or services through this website, you agree that the internal laws of the State of California, 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 this website, hotel reservations and/or purchasing goods or services made through us may, if not amicably resolved, be resolved only through binding arbitration between you and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in San Diego 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 this 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 this website or information provided to or gathered by the Company and its affiliates with respect to your use of this 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 the Company as a result of this agreement or use of this 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 this 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 this 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.

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 this website is offered and 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 the our website and/or service at any time and for any or no reason, with or without prior notice, and without liability.

Privacy & Terms of Services

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