Limitations on Liability; Warranties
SDCHECKLIST, ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. ADRENALINE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO OUR WEBSITE, OR ANY OFTHE PRODUCTS OR SERVICES SOLD THROUGH OUR WEBSITE, AND IN NO EVENT SHALL ADRENALINE INC ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, AFFILIATED COMPANIES’ PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF SDCHECKLIST OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR WEBSITE, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT OF INTELLECTUALPROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SDCHECKLIST AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FORYOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES ANDWE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HERE IN ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND US. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ADRENALINE AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
Disputes
Choice of Law
This Agreement, and any breach arising from it, shall be deemed to have commenced in San Diego, California, USA. You agree that only the laws governing Agreements formed and breached in San Diego, California, USA, shall apply to this Agreement.
Statute of Limitations
Notwithstanding any other provisions at law, you agree that any cause of action arising from or related to this Agreement must be commenced within one year of the date that the cause of action occurs. You agree that any action not commenced within this time shall be permanently barred.
Arbitration
If a dispute with us arises from or relates to this Agreement or your use of our service, you agree that, unless otherwise not allowed by law, the dispute will be resolved according to an arbitrator in accordance with the rules of the American Arbitration Association.
In Cases Other than Arbitration
If a dispute cannot legally be resolved by arbitration, you agree to resolve the dispute in a court that is allowed to decide the case in San Diego, California, USA. If there is no court allowed to decide the case in California, then you (or we, as the case may be) can bring the case in the next closest court to California that has the authority to hear and decide the case.
Non-Compliance with These Provisions
If you bring a lawsuit that does not comply with the terms found in this “Disputes” section, you agree that we may inform you of your error, and, if you do not withdraw the lawsuit after we inform you that it breaches this Agreement, we can have the lawsuit dismissed from the court that you filed it in. If this occurs, you agree to pay for our reasonable attorneys’ fees incurred to obtain the dismissal, as well as up to $1000 for our court fees and disbursements.
Through the SDCHECKLIST Services, You can view online listings of luxury vacation and temporary stay accommodations (“Accommodations”) and book Accommodations and services, excursions, activities and experiences provided by third parties (“Experiences”).
You must register an account to book Accommodations and Experiences, and to access and use many features of the SDCHECKLIST Services (a user that does so is a “Member”). You must keep your account information accurate. Please see our Website Terms of Use for more information.
If you are obtaining a quote for or booking Accommodations or Experiences for more than just yourself, all references to “You” (and derivations thereof, including without limitation “Your”) shall be read to mean you on behalf of yourself and each individual within your group for whom you are obtaining a quote for or booking Accommodations or Experiences.
You understand that SDCHECKLIST does not provide Accommodations or Experiences, and that SDCHECKLIST, through the SDCHECKLIST Services, acts as the coordinator and curator of the Accommodations and Experiences. SDCHECKLIST is not a party to any agreements or contracts for Accommodations and Experiences. SDCHECKLIST is not a landlord, property manager, real estate broker, or insurer. Property owners, managers and/or landlords of Accommodations (“Property Managers”) and third party service providers of Experiences (“Providers”) are responsible for understanding and complying with all laws, rules, regulations and agreements with guests.
You expressly authorize SDCHECKLIST to make travel arrangements and arrange Accommodations and Experiences on your behalf. Property Managers and Providers, and not SDCHECKLIST, will be responsible to you for the relevant provision of Accommodations and Experiences, respectively. You acknowledge that SDCHECKLIST is not a co-vendor of such Accommodations and Experiences, and that You are responsible for any travel fees or costs that SDCHECKLIST arranges for You.
SDCHECKLIST exercises care in selecting the Property Managers and Providers, but You acknowledge and agree that SDCHECKLIST has no control over, and shall have no liability for, the Accommodations and Experiences provided by Property Managers and Providers, respectively. You agree that in no event shall SDCHECKLIST accept any liability in contract, tort or otherwise, for any injury, death, damage, property damage, accident, irregularity, loss, delay or additional expense or inconvenience caused (1) directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of Property Managers or Providers, (2) by force majeure or (3) by any other event which is beyond SDCHECKLIST’S control, including, but not limited to, a delay or cancellation of a flight that causes you to miss any portion of your trip, Accommodations or Experiences.
If you are acting in the capacity of an agent for a Member, you hereby confirm and warrant to SDCHECKLIST and the Property Manager and/or Provider (as applicable) that you have the irrevocable authority to enter into and bind the Member to these Terms, including the right to book Accommodations or Experiences on behalf of the Member. You further warrant that the Member has read and understands (1) these Terms, (2) any relevant cancellation policies provided by Property Managers and Providers, and (3) that by authorizing you to act as their agent the Member is bound by these Terms.
2.1. Roles + Obligations
You acknowledge and agree that, as part of the SDCHECKLIST Service, SDCHECKLIST is to provide You with listings and book Accommodations for You, which includes arranging contracts between You and Property Managers. The Property Manager, and not SDCHECKLIST, will be responsible to You for the provision of the relevant Accommodation. SDCHECKLIST is not a party to the rental agreement between You and the Property Manager. SDCHECKLIST is not an owner or operator of any of the Accommodations provided as part of the SDCHECKLIST Services. If SDCHECKLIST books any Accommodation on Your behalf, You acknowledge and agree that SDCHECKLIST is acting only as Your agent.
In addition, you acknowledge and agree that SDCHECKLIST may collect and share your personal information with Property Manager as part of the booking process. The personal information that may be collected and shared with Property Manager includes, but is not limited to, Your name, email, and phone number.
You are responsible for complying with all rules and regulations relating to the Accommodations (as required by the Property Manager and any applicable rental agreement). You also acknowledge that the price(s) reflected on the executed rental agreement may not match the invoice paid directly to SDCHECKLIST.
2.2. Booking
When you book Accommodations, you agree to pay all invoices and balances for your booking including the base price and all applicable fees, charges and taxes, including, but not limited to, SDCHECKLIST’S coordination fees, resort fees, security deposits, cleaning fees, incidentals, taxes, and any other cost identified during checkout (collectively, “Total Price”). You acknowledge and agree that SDCHECKLIST may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Accommodations (sometimes called a reservation) is formed directly between you and the Property Manager.
2.3. Charges, Fees + Payments
SDCHECKLIST charges a coordination fee for sourcing, curating and facilitating the booking of Accommodations (“SDCHECKLIST Coordination Fee”), as well as for use of the SDCHECKLIST Service. You acknowledge that the SDCHECKLIST Coordination Fee is non-refundable and varies by Item, as outlined on the pricing details page.
SDCHECKLIST processes payments through a third-party payments processor via the SDCHECKLIST website. You acknowledge that SDCHECKLIST is an agent facilitating any transaction between you and the Property Manager.
SDCHECKLIST will collect payments from you by charging the payment method associated with your SDCHECKLIST account, such as a credit card or bank account (“Payment Method”), for the Total Price. When you add a Payment Method, you will be asked to provide billing information including name, billing address, and financial instrument information on the SDCHECKLIST website and this information will be stored by a third-party payment processor.
SDCHECKLIST will charge your card according to the payment terms and timing outlined and agreed upon in the booking details.
2.4. Security Deposits
Security deposits can be required for Accommodations. Any disputes you may have regarding the security deposit or any amount that is withheld from the security deposit must be addressed directly with the Property Manager within 10 days of departure from the Accommodation.
You expressly authorize SDCHECKLIST to hold the portion of your security deposit to cover the cost of any damage to the Accommodations and its contents (other than reasonable wear and tear), which occurred during your stay up to the value of the available security deposit (after taking into account any other claims on the security deposit). If the cost of the damage to the Accommodations is greater than the value of available balance on the security deposit, you will still be liable to the Property Manager for the full cost of the damage and you agree that the balance shall be paid by you directly to the Property Manager on demand.
2.5. Cancellations & Refunds
In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to the reservation. By using the SDCHECKLIST services, you agree to the following:
2.5.1. You are bound to any cancellation terms that you agree to for Accommodations.
2.5.2. The terms of any applicable cancellation policies are incorporated into these Terms, and You acknowledge that you have read and understand the cancellation policies that apply to the Accommodations You are booking.
2.5.3. You acknowledge and agree that refunds are only available in accordance with applicable cancellation policy.
2.5.4. You acknowledge and agree that the SDCHECKLIST Coordination Fee is non-refundable.
2.5.5. If you desire to cancel any Accommodation that You have booked, you must email us at contact@sandiegochecklist.com and clearly state that you are cancelling your booking. The time that our server receives your email will be the time that you have notified us of the cancellation and will be the time taken to be the cancellation date and time for the purposes of applying the terms of the applicable cancellation policy.
2.5.6. Contracts for Accommodation may allow Property Managers to cancel or amend bookings and reservations at any time. SDCHECKLIST will, to the best of its ability, notify you of any significant changes to your bookings and reservations when SDCHECKLIST has become aware of such changes. SDCHECKLIST accepts no liability for any changes or costs that You incur as a result of changes to Your bookings or reservations. Subject to the Property Manager’s terms and conditions, You may have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Property Manager, or canceling your booked arrangements and receiving any applicable refund.
2.5.7. If You arrive for check-in with a greater number of guests or animals than agreed upon for the Accommodation and violate the rules or restrictions associated with the Accommodation, the Property Manager may be entitled to not permit you to access the Accommodation. Violation of any rules or restrictions will be deemed a cancellation on the day of check-in and the applicable cancellation policy will apply.
2.5.8. Neither SDCHECKLIST, nor any Property Manager, will be responsible for any fees, costs or expenses that You incur in connection with a cancellation (including travel costs, event tickets, moving fees etc.). We recommend that you obtain adequate travel insurance to cover any bookings made through the SDCHECKLIST Service.
2.6. Disputes and Complaints
All disputes relating to Accommodations, either during check-in or the stay, are to be handled directly between You and the Property Manager. You acknowledge and agree that SDCHECKLIST is not a party to any of these disputes.
2.7. Accuracy of Information Responsibility
You acknowledge and agree that You are solely responsible for reviewing Your travel documents for accuracy. In addition, You acknowledge and agree that it is Your responsibility to review and confirm the accuracy of all details in the travel quotations and documents provided to You. Furthermore, You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
2.8. Chargebacks
You agree not to initiate a chargeback request or other proceeding on the payment card until (1) You have pursued a refund in accordance with the terms or policies provided by the Property Managers and Providers, as applicable; and (2) the expiration of any Arbitration proceeding requirements, in accordance with Section 6 below. You also agree not to initiate any chargeback requests with your payment card provider for any transactions that You authorize.
4.1. Fraudulent Chargebacks
In the event You initiate an unmerited or fraudulent chargeback request, You acknowledge and agree that You will pay all costs and expenses that SDCHECKLIST incurs in connection with such unmerited or fraudulent chargeback request, in addition to all of the Total Price that has not been paid. We will not tolerate chargeback fraud.
4.2. Unmerited Chargebacks
An unmerited chargeback includes, but is not limited to, disputing (1) charges made pursuant to the applicable cancellation policy; (2) charges made by SDCHECKLIST when you have not used reasonable efforts to resolve the dispute with SDCHECKLIST directly.
We invite You to use the SDCHECKLIST Service to explore, inquire about, book and reserve Accommodations and Experiences (“Permitted Purposes”).
By using the SDCHECKLIST Service, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the SDCHECKLIST Service with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the SDCHECKLIST Service and agree to these Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold SDCHECKLIST harmless if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the SDCHECKLIST Service at any time or in any manner or submit any information to SDCHECKLIST.
5.1. Communication
By using the SDCHECKLIST Service SDCHECKLIST website for booking Accommodations or Experiences, You agree to receiving electronic communications from SDCHECKLIST. These electronic communications may include notices about booking requests, applicable fees and charges, transactional information and other information related to Accommodations or Experiences provided through the SDCHECKLIST Service. These electronic communications are part of Your relationship with SDCHECKLIST You agree that any notices, agreements, disclosures or other communications that KEY sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your mobile network’s data and messaging rates and fees may apply if you access the SDCHECKLIST website from a wireless-enabled device.
5.3. Third Party Providers
You may enter into correspondence with third parties, including Property Managers and Providers (each, a “Third Party”). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the Third Party. We make no representations with respect to such Third Party products or services, including Accommodations and Experiences; and You acknowledge and agree that SDCHECKLIST shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction or promotion between You and any such Third Party. In no event shall SDCHECKLIST be responsible for any content, products, services, or other materials available from such Third Party. We provide the SDCHECKLIST Service to you pursuant to these Terms. You recognize, however, that certain Third Parties may require your agreement; and SDCHECKLIST disclaims any and all responsibility or liability arising from such agreements between You and any Third Party.
You agree that SDCHECKLIST will not, under any circumstances, be responsible or liable, directly or indirectly, for any Experiences available on or through any Third Party websites and/or dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused.
5.4. Unauthorized Activities
We authorize Your use of the SDCHECKLIST Service and SDCHECKLIST website only for Permitted Purposes. Any other use of this SDCHECKLIST Service and SDCHECKLIST website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use. This is because as between You and SDCHECKLIST, all rights in this SDCHECKLIST Service and SDCHECKLIST website remain SDCHECKLIST’s property.
Unauthorized use of the SDCHECKLIST Service or SDCHECKLIST website may result in violation of various United States and international copyright laws. You are not authorized to use the SDCHECKLIST Service or SDCHECKLIST website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
We can terminate access to your account, your ability to visit the SDCHECKLIST Service or SDCHECKLIST website for any reason or no reason, with or without notice. We may report actions we believe to be illegal to law enforcement authorities. We may cooperate with law enforcement agencies in any investigation of alleged illegal activity on the SDCHECKLIST Service, SDCHECKLIST website or on the Internet.
5.5. Proprietary Rights
SDCHECKLIST and all content and information relating to or on the SDCHECKLIST Service or SDCHECKLIST website are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. Unless otherwise specified in these Terms, all of the data, pictures, logos, and information, including the arrangement of them on the SDCHECKLIST website or in connection with the SDCHECKLIST Service are Our sole property. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the SDCHECKLIST Service and SDCHECKLIST website. Copying, storing or otherwise accessing the SDCHECKLIST Service or SDCHECKLIST website, or any content on the SDCHECKLIST Service or SDCHECKLIST website, other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without Our prior written permission.
5.6 Feedback
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
5.7 Privacy
We respect the information that You provide to Us, and We want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy which explains everything.
liability and general provisions shall survive any termination of these Terms.
8.2 No Waiver
KEY’s failure to enforce any right or provision in these Terms will not constitute a waiver of such rights or provisions unless acknowledged and agreed to by Us in writing. Except as expressly set forth in these Terms, the exercise by either party of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
8.3 Marketing
SDCHECKLIST may use Your name as part of a general list of customers and may refer to You as a user and customer of the SDCHECKLIST Service in its general advertising and marketing materials.
8.2 California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website and Service are provided by SDCHECKLIST. If You have a question or complaint regarding the website or Service, please contact Customer Service at contact@sandiegochecklist.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at 916.445.1254 or 800.952.5210 or Hearing Impaired at TDD 800.326.2297 or TDD 916.322.1700.
8.3 Contact Us
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at contact@sandiegochecklist.com or directly (619) 757-4986