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Terms and Conditions


Agreement between customer and Federated Travel, LLC DBA/

BoutiqueHotels.com

Welcome to the BoutiqueHotels.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.

The terms "we", "us", "our", “Boutique Hotels” refer to Federated Travel, LLC DBA Boutique Hotels a Florida corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"). Please read the Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents. Boutique Hotels may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

Use of the Website

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Terms of Service

These Websites provides assistance to customers in determining the availability of certain goods and services and/or purchasing such goods and services. In certain instances you will be purchasing goods and services directly from third party suppliers and in other instances you will be purchasing goods and services directly from the Company.

If goods or services are purchased or reservations are made directly from suppliers, separate terms and conditions of such suppliers will apply to your reservations or purchases of goods or services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of any products or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, in your forfeiting any monies paid for such reservations or purchases, and in the Company debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of these Websites, 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.

As stated above, these Websites also accommodates the sale of certain goods and or services to you directly. Your use of these Websites, including, but not limited to, purchase of certain goods and services through these Websites constitutes your agreement with the terms and conditions contained herein. With respect to hotel reservations made directly through these Websites, they are further subject to the published conditions and rules of the applicable hotel. A reservation and/or purchase made directly through these Websites 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 these Websites, 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. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Submission of Websites Content

BoutiqueHotels aims to display on its Websites high quality travel content submitted by editors and clients of BoutiqueHotels.com. You understand that all journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials, including Member Content, as such term is hereinafter defined (collectively, "Websites Content") appearing on the Websites or submitted to the Websites is the responsibility of the person or entity originating such Websites Content, and BoutiqueHotels disclaims any liability with respect to such Websites Content (see Disclaimer below). By submitting hotel reviews, BoutiqueHotels Guides recommendations, comments and opinions, news articles, directories, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials to the Websites ("Member Content"), you warrant that: (a) you are the owner of such Member Content, or have been granted all the rights necessary from the owner thereof to submit such Member Content to the Websites and for the use by BoutiqueHotels as stated herein, and (b) the use of such Member Content by BoutiqueHotels will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting Member Content to the Websites: (a) you automatically grant to BoutiqueHotels (or warrant that the owner thereof has granted to BoutiqueHotels), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such Member Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Member Content to or on any other commercial travel-related websites or on line service without BoutiqueHotels's prior written consent, which consent may be withheld by BoutiqueHotels in its discretion. Consent may be requested by sending an e-mail to info@BoutiqueHotels.com. You understand that BoutiqueHotels will have the right (but under no circumstances will BoutiqueHotels have any obligation) to screen, edit, refuse to post or remove any Member Content, in whole or in part, from any portion of the Websites, in its sole discretion, including, but not limited to, Member Content that violates these terms and conditions or is otherwise objectionable. BoutiqueHotels reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Websites.

You agree that you will not use the Websites to:

You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Websites.

All goods purchased from these Websites 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

A tax recovery charge may be assessed to you to recover any amounts we pay to the hotel in connection with your reservation for sales and use, occupancy, room excise tax, value added and other similar taxes, and the balance of the additional amount, if any, is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation.

In certain circumstances, we are not the vendor collecting and remitting such taxes to the applicable taxing authorities. The vendors bill all applicable taxes to us and we remit such taxes directly to the vendor. In such instances, we are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel by the customer.

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 Websites and delivery, in accordance with applicable laws.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by all relevant governmental authorities and agencies prior to booking travel to international destinations.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Links to Third Party Websites

Our Website contains links to Websites operated by parties other than the Company. Those links are provided to you for your reference and convenience only. These third-party Websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send or serve the advertisements that appear on our Websites directly to your browser. We do not own or control the content of those Websites and are not responsible for their content or your use of them. We do not endorse the content of any of those Websites.

Electronic Communications

You communicate with us electronically whenever you visit our Websites 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 THESE WEBSITES 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 THESE WEBSITES. 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 THESE WEBSITES, MOST OF WHICH IS PROVIDED TO US BY THE HOTEL PROPERTIES. HOTEL RATINGS DISPLAYED ON THESE WEBSITES ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THESE WEBSITES AT ANY TIME. ALTHOUGH THE WEBSITES CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEBSITES MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BOUTIQUEHOTELS DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEBSITES CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.

THE WEBSITES CONTAIN OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. BOUTIQUEHOTELS DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH WEBSITES CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEBSITES

CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEBSITES AND MAY BE MADE AT ANY TIME.

BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THESE WEBSITES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THESE WEBSITES 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. BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS, 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 HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE COMPANY ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS 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. BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS 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 BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS 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 THESE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THESE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THESE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THESE WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BOUTIQUEHOTELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITES.

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 BoutiqueHotels, 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 these Websites.

General

By using the Websites, submitting Member Content, booking a reservation and/or purchasing goods or services through these Websites, you agree that the internal laws of the State of Florida, USA, 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 these Websites, 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 Miami, Fl 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 these Websites 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 these Websites or information provided to or gathered by the Company and its affiliates with respect to your use of these Websites. 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 BoutiqueHotels as a result of this agreement or use of the Websites.

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 these Websites 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 these Websites. 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.

BoutiqueHotels may assign its rights under these terms and conditions to any party without your consent. These terms and conditions shall inure to the benefit of BoutiqueHotels, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 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 these Websites are offered with or without notice. 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 Websites 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 our Websites and/or service at any time and for any or no reason, with or without prior notice, and without liability.

Termination by You

BoutiqueHotels.com, is a trademark and/or service mark of Federated Travel,LLC DBA BoutiqueHotels.com. You agree not to display or use in any manner any marks of BoutiqueHotels without BoutiqueHotelss prior permission.

Currency Converter

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but we, our affiliates and/or our suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise the customer to consult a qualified professional to verify the accuracy of the currency rates. We, our affiliates and/or our suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.