Welcome to the Terms & Conditions of Use for the individual pages within this web site (collectively called the “Site”). Your use of the Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively called, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights.
The Site offers information on properties managed, franchised, owned, licensed, or developed by affiliates of HotelWorks Development. As used throughout the Site, the terms “Malana,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of their direct or indirect subsidiaries or affiliates.
“You,” the “user,” or “users” include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, indepe
“Site” means any of the Internet Websites known by the universal resource locators (“URLs”) and domain names: http://www.malanahotels.com, or any other URLs or domain names of HotelWorks and Malana, or one or more of their direct or indirect subsidiaries or affiliates, and all pages, sections, areas and parts of them and Information (as defined herein) displayed, presented or found at or through it.
“Information” means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through any Site, regardless of whether Malana or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term Information also includes Trademarks (as defined herein) and Documents (as defined herein).
“Documents” means materials and documents of third parties submitted by Malana and published or found at or through any Site.
All of these terms are used for convenience purposes and ease of communication only and are not intended as a precise designation of any of particular entity or entities.
ACCEPTANCE OF TERMS AND CONDITIONS
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS.
We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site. This agreement contains the terms and conditions that apply to all users of the website. Your continued use of the Site means that you accept and agree to the Terms & Conditions and any revisions thereof. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately and do not use any of the services available on this site.
NOTE: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a web site. These cookies are then sent back to the originating web site when you visit that site again or to another site that recognizes cookies. We may use both session ID cookies and persistent cookies.
At any given time, our website may have any number of simultaneous users making reservations or updating information on our website. In order to keep track of what function a user is performing in our website at any particular time, the system assigns a unique identification number for each user. This is referred to as a Session ID. We use Session ID cookies to store a unique session ID so that we can keep track of user interactions with the system at any particular time. As one might expect, when there are 50 or 100 users on the system at the same time all performing simultaneous operations, it is imperative that a unique ID is appended to each user operation so that the system can respond with the right information to the right user. The cookie performs this function. It is created and stored on the user’s machine the first time a user receives a response from the server. The cookie terminates, or is deleted, from a user’s computer when he or she closes the browser.
We use persistent cookies only when a user gives one of our website permission to place a cookie on his or her hard drive. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. This option stores all customer information in the form of a cookie on your computer, which will automatically apply your profile data to future reservations. No credit card information will be retained as a result. If you are using a public or shared computer, we recommend that you deselect the checkbox for Remember Me to disable this function. We do use tracking technologies within email communications in order to more effectively tailor offers to your needs, as well as allow us to understand booking information from email responses.
Social Media Widgets
USE OF THE SITE
MUST BE 18 YEARS OLD TO BROWSE THE SITE: You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. The services of the Site are not intended for and should not be used by minors. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through this Site. You agree to comply with these Terms & Conditions and any such applicable additional terms and conditions.
Minors and the Child On-Line Privacy and Protection Act
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Malana hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org/pub/Censorship (which is the Electronic Frontier Foundation Website) and at the Website for America Links Up, http://www.netparents.org.
Accounts – Passwords
CONFIDENTIAL INFORMATION: You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your personal or corporate account information.
You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorized in advance to perform such acts. Unless you have obtained prior written permission from Malana, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms).
Reservations made in violation of these Terms & Conditions may be cancelled without notice in Malana’s sole discretion. Malana further reserves the right to cancel reservations without notice that are transferred in violation of these Terms & Conditions.
If you are having difficulties in using the online reservation system, you may elect to call the hotel directly at 830-879-4400. You can also electronically reach us via e-mail at email@example.com.
Credit Card Information
The storage of credit card information on the site (if made available) is entirely optional and at your discretion. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Malana may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Malana with your account information or your Stash Rewards credentials or if you have established a link with such devices.
We follow generally accepted industry standards to protect the personal information and email addresses submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute confidentiality or security.
Right to Cancel – Errors, Omissions and Mistakes
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Malana assumes no responsibility or liability for such errors, inaccuracies, or omissions. Malana shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Malana shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
The Site may display or provide information regarding specific programs, special offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its own applicable specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Malana reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Any commercial use of this Site is expressly prohibited unless you have obtained prior written consent from Malana. You may not use this Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any federal, state or local law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Malana’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Malana’s prior express written consent.
Privacy & Confidentiality
The Site may tailor information, offers, and other content based on your browsing habits on the Site and your geographic location.
Restrictions, Limitations and Conditions Applicable to Your Use of the Sites
As a condition of your rights to access or use this Site, you must use this Site and all Information found at this Site for lawful purposes only and only as expressly permitted in this Agreement. You agree to NOT do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Malana/HotelWorks, in its sole and absolute discretion, shall determine:
• Transmit to or introduce at this Site any viruses intended to damage, interfere with, disrupt, intercept or expropriate this Site or the Information (“Viruses”), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect (“System Attacks”);
• Use this Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Malana/HotelWorks, you or any third party;
• Restrict or inhibit any authorized users from accessing or using this Site, Information or Documents;
• Use this Site, the Information, or the Documents for any unlawful or illegal purposes under any law, regulation or legal requirement; or
• Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through this Site that (i) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (ii) has an advertising, marketing, promotional or other business or commercial purpose.
The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Malana provides these links solely as a convenience to you. The inclusion of these links in no way indicates Malana’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, services, practices, or products of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Malana’s express prior written consent.
Miscommunications – Lost Transactions
Malana is not responsible for communication failures, difficulties, errors, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Malana is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Malana’s products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
COMMUNICATIONS FROM MALANA
We or our affiliate partners send all visitors who book reservations at our hotels an email confirming their reservations.
On rare occasions, it is necessary to send out a service related announcement via e-mail, text or phone call. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and, with regards to issues relating to their accounts, we reply via email or phone, as directed.
We may, from time to time, use your email information gathered through our website for the electronic marketing of a Malana hotel, or our other products or services, or the products and services of third parties with whom Malana has a strategic partnership. If you do not wish to receive these electronic marketing materials, please see the Choice/Opt-out section of the e-mail received and follow the necessary steps to opt out.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
Though we make every effort to preserve user privacy, we may need to disclose Personal Information when required by law when we have a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, legal process, or governmental investigation, or if we have a good faith belief that it is necessary to protect our rights or property. A request to opt out made on our website will only apply to our use of your Personal Information given to us on our website and not to uses of your Personal Information that is obtained by us through other sources.
We may make Personal Information available (under an obligation to keep the Personal Information confidential) to a prospective buyer or successor of Malana or one or more of their affiliate members or partners. In the event of a merger, asset sale, reorganization, restructuring, liquidation, bankruptcy proceeding or similar transaction involving Malana or our website, and we may share, sell, or otherwise transfer your information to the buyer or Successor Company.
We do not share your Personally Identifiable Information including email address with third parties for their promotional purposes, except as noted below.
Aggregate Information (non-personally identifiable)
We may combine non-personally identifiable information supplied by our users, such as geographic or other generic information, and use such information to describe our user base, without reference to any specific individual information, to our potential partners, investors and advertisers. We will not link this statistical information to any user’s Personal Information that can identify such user as an individual.
Third Party Providers
Credit Card Companies
Inform a Friend or Colleague
If a user elects to use our technology for informing a friend about hotel booking information or other information regarding our website, we ask the user for the friend’s name and email address. Malana will automatically send the friend a one-time email presenting them with information originating from our website. The friend may contact Malana using firstname.lastname@example.org form to request further information on this feature of our website.
Access to Your Information
If you would like to modify or request deletion of the Personal Information including email address that you have provided to us through our website or mobile applications, you may do so by updating your profile at www.malanahotels.com.
All Personal Information collected from you, with your permission for purposes of making a reservation at one of our hotels, may be accessed and modified by contacting the hotel where your reservation is held.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Choice & Opt-out
We share email activity data with select marketing companies to help them better target email deployments sent on behalf of their clients. While those select marketing companies may have access to email addresses and email activity, and may share bulk/non-specific activity data, no email addresses or specific email activity are shared with other third parties. Should a consumer wish to opt out of this sharing, that consumer needs to opt out of email communications from us.
Our customers and visitors are given the opportunity to ‘opt-out’ of receiving our electronic newsletter and promotional communications by notifying us through our website. To opt-out, visit www.malanahotels.com.
If you do opt out, we will use your personal information only (a) as necessary to respond to your inquiry, and make a record of it; (b) as necessary to provide any goods or services, including hotel reservations that you have specifically requested, and to make records of these transactions; and (c) for inclusion in statistical or demographic profiles that we use for general marketing purposes. Although personally identifiable information is used to compile the profiles, we use the profiles only as aggregate data, without reference to personally identifiable information. You can also unsubscribe from any email by clicking the unsubscribe link in the bottom of the email.
You may, if experiencing technical issues or having difficulties in opting out, contact email@example.com for further assistance.
General – Ownership
Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Malana, HotelWorks Intellectual Properties or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No interest, title, or right to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Malana’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (all or any part of its content) is strictly prohibited.
Unless otherwise noted, all content on this Site is the copyrighted property of Malana, HotelWorks Intellectual Properties or its affiliates or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
The use of the Trademark symbols designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Malana, HotelWorks Intellectual Properties, and protected by the trademark laws of the United States and other jurisdictions.
Notice for Making Claims of Copyright Infringement
Procedures for Making Claims of Copyright Infringement
Malana respects the intellectual property rights of third parties. Malana responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Malana believes that it is liable for any copyright infringement for which a notice is provided, Malana’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Malana’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact with the following information:
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• A description of the copyrighted work that you claim has been infringed;
• A description of the allegedly infringing material and where it is located on the Site;
• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• Your written or electronic signature attesting to the above.
If your content has been removed from the Site in response to Malana’as receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Malana at the above address with all the appropriate information outlined above.
GENERAL LEGAL TERMS
Right to Restrict Access
In addition to any other rights or remedies that may be available to Malana, Malana, HotelWorks Development, HotelWorks Intellectual Properties, affiliate companies and licensors may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Site at any time and without notice.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
NEITHER MALANA, HOTELWORKS INTELLECTUAL PROPERTIES NOR ANY MALANA/HOTELWORKS PARENT NOR ANY OF MALANA/HOTELWORKS SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE OR LICENSOR SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MALANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MALANA/HOTELWORKS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MALANA/HOTELWORKS, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.
You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding Malana and to promote Malana properties and, as applicable, third-party provider products/services available in the United States, its territories, possessions and protectorates. This Site is controlled and operated by Malana from its offices within the state of Texas, the United States of America. Malana makes no representation that information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access this Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or (2) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using this Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.
Jurisdiction – Governing Law – Choice of Forum
This Site is controlled and operated by MALANA from its offices within the State of Texas, United States of America. MALANA makes no representation that the content or materials on this Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Texas, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Austin, Texas, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
MALANA failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
The terms of this Agreement, as posted at this Site, constitute the entire and exclusive agreement between you and Malana regarding this Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of this Site.
Indemnification from the User
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD MALANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS THIRD-PARTY PROVIDERS HARMLESS FROM AND AGAINST ALL DAMAGES DUE TO CLAIMS ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THIS SITE, AND/OR ANY DOCUMENTS OR INFORMATION OBTAINED AT OR SERVICES OFFERED ON THIS SITE
Forward Looking Statements
Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend,” or similar expressions, we intend to identify forward-looking statements. Such statements are subject to numerous assumptions and uncertainties which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.
If you have any questions or concerns regarding this Site, please contact us at firstname.lastname@example.org. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.