For all intent and purposes, the term "Hotel", "We" or "Us" specifically means "Holiday Resort & Spa Guam"; the term "Guest" , "You" or "Your" specifically means the individual, company, or firm who completes the online registration form,. "Hotel Representative" specifically means any employee, agent, or wholesaler representing Holiday Resort & Spa Guam. Please read the Terms and conditions below prior to completing your online reservation form. By using the site and the services we make available, we will assume that you have read and agree to the following terms and conditions: ARTICLE 1. RATES All published rates (rack rates) do not include the mandated Guam hotel tax. We reserve the right to revise the published rates as we deem necessary at any time. ARTICLE 2. RESERVATIONS Reservations may be made via the Internet using the Online Registration form, through any telephone or cellular phone, walk-in, or any other means of communication. You must provide complete and full information on the Online Registration Form when making your reservation directly with the Hotel or any other Hotel Representative. If your information is insufficient to confirm your reservation, we will not be held liable if your reservation is not confirmed. Upon receipt of your Reservation request, we will send a Confirmation Number to you. If we do not confirm a booking to you, please contact us immediately. We will not accept liability for any errors made for any booking without a valid Confirmation number. If you should need to make changes or alter any information such as guest name, duration, type of room and etc, you must notify us and make the changes immediately. Please make reference to your Confirmation number when contacting the Hotel. When using the Online Registration Form, please allow a maximum of 2 business days or 4 business days for weekends/holidays for processing. If you have not received a response within the mentioned timeframe or for any questions or concerns, please contact the Hotel. ARTICLE 3. ROOM AVAILABILITY In the event that occupancy is full and we are unable to accept your reservation, we will make attempts to assist or refer you to another property. In case of an act of God, (Typhoon, Earthquake, Strike, etc) we will attempt to find alternative accommodations at another property. If this is not possible, we will not be held liable for any act beyond our control. ARTICLE 4. PROMOTIONS From time to time, we will offer special promotions as we deem necessary. Please note that all promotions are specific and may not be used in conjunction with any other Hotel promotion. ARTICLE 5. CONDUCT The Hotel will tolerate normal accepted standards of behavior. Should you or your party exceed the level of tolerance as determined by the Hotel, the Hotel may in its right take all steps of corrective action and may stop the event or escort the person or persons involved off the hotel property. Any and all payments or compensation made maybe withheld and the Hotel will not be liable for any and all refund of any payments or compensation you have prepaid to the Hotel. ARTICLE 6. INSURANCE You are advised to have insurance to cover any damages, losses to cover personal effects, baggage, currency and any other valuable items you may have in your possession while a guest at the Hotel. The Hotel has an in-room safe with charges for your personal use. ARTICLE 7. VEHICLE PARKING The Hotel has limited parking space on the ground floor and lower level parking area. Parking for you and your guest will be free of charge subject to availability on a first-come, first-served basis. In any event, the Hotel does not assume any liability whatsoever for any damages to, theft or loss of vehicle in the parking area. ARTICLE 8. BANQUETS/RESTAURANT/LOUNGE The Hotel has function rooms available for various events. You shall be solely responsible for the activities at the function in all instances. You are responsible for obtaining such licenses and permits as may be required by federal and local governments in connection with the function and the activities to be undertaken thereat. Any and all costs, fees and assessments shall be for the account of the client. The hotel is the only licensee allowed to sell and serve alcoholic beverages on the premises. The Hotel does not allow bringing in of beverages, hot food/chafing dish items for functions. There will be a 10% service charge added to all food and beverage prices. Please refer to Banquet Terms and Conditions for additional details. ARTICLE 9. THIRD PARTY LIABILITY You agree that the Hotel will be not be held liable for any and all damages, claims, incidences resulting or arising from the reservation, event or function, you make between you and any Hotel representative acting as a third party. The Hotel will not be liable for failure to perform to the extent that the failure is caused by any factor beyond its reasonable control. The Hotel will not be liable for any misrepresentation of any Hotel Representative relative to any third party agreement. ARTICLE 10. DAMAGES If any portion or all of the Premises or any other portion of the Hotel grounds, buildings, or furnishings are damaged by the act, omission or negligence committed by You, and or your owners, officers, directors, employees, agents, representatives, licensees, invitees, patrons and guests, You agree to pay to Hotel upon demand such sums as may be necessary to restore Hotel or any portion of the hotel facilities or furnishings to at least as good a condition as such portion of the Hotel grounds, building or furnishings was in prior to the occurrence described in this paragraph. The Hotel reserves the right to prohibit the guest from undertaking such activities deemed contrary to law, morals, public order and/or public policy. The exercise of the Hotel of this right is without prejudice to the right of the Hotel to seek redress from the guest for any damage the Hotel may suffer by reason of said prohibited activities. ARTICLE 11. PAYMENTS/DEPOSITS The Hotel accepts cash and most credit cards as an acceptable form of payment. In the event of any refusal of any credit card financial institution of payment on your behalf, you understand that the Hotel may take whatever recourse possible with any penalty/service fees to attempt to obtain payment. Should the recourse result in litigation, you understand that you may be liable for any collection and/or legal charges incurred. ARTICLE 12. CANCELLATION If you make your reservation using the Online Registration form and need to cancel your reservation, you must make your cancellation online to avoid errors on both you and the Hotel. In the event that the cancellation is made via telephone or other means other than through the internet and cancellation did not take effect, you agree not to hold the hotel liable. You may cancel your booking on-line in accordance with the hotel's cancellation policy. Please contact us for details of how to cancel a booking. Cancellations or changes made within the cancellation policy will be subject to a charge equivalent to the cost of the first night of accommodation. The cancellation policy is as follows: Cancel 7 days in advance (Guam Local Time) prior to arrival date to avoid penalty fee (one night charge). Cancel 14 days in advance (Guam Local Time) prior to arrival date to avoid penalty fee (one night charge) during Hotel Peak Season. ARTICLE 13. INTERNET/DATA PROTECTION Please comply with the international Internet standards of etiquette. You are discouraged from using any information contained in this site for any profit-making reason. You agree not to use any device software or routine to interfere or attempt to interfere with the proper function of this website with any transaction conducted through this website. You agree that all information sent to us via the internet is complete, true and correct. Any false and misleading information given to the Hotel by you shall be deemed fraud and necessary action maybe taken by the Hotel. Any other use of the Online Registration From other than its intent shall be considered false information and will not be honored by the Hotel. We will not be held liable for any damages or injury caused by any failure of performance, error, omission, interruption, defect, and delay in operation of transmission, computer virus, line failure or personal computer settings. The Hotel reserves the right to temporarily restrict internet access without prior notice for the following: 1. Website maintenance 2. Force majeure such as an act of God, unforeseen event, unavoidable casualty or inevitable acts. 3. If the hotel deems necessary ARTICLE 14. DISCRIMATION The Hotel will not discriminate on the grounds of race, color, nationality, ethnic origin gender, marital status, religious preference, political affiliation or disability. The Hotel may without any liability to you remove any person or persons not adhering to this policy. ARTICLE 15. DISPUTE Any and all disputes relative to any payments, deposits, or claims may be resolved either by verbal or written means of communication. The Hotel reserves the right to retain legal advice to resolve any issue or concern without liability. ARTICLE 16. AMENDMENTS The Hotel has the right to revise the Terms and Conditions at any time without prior notice. Any previous terms and conditions cease to exist at the time of the posting of the updated and revised Terms and Conditions. ARTICLE 17. HOTEL LIABILITY The Hotel will not be responsible for any damages relative to credit card fraud, stolen identity and etc. The Hotel will not assume liability for any illegal acts committed on the Hotel property. These Terms and Conditions are applicable to all Contracts of any kind made by Holiday Resort & Spa Guam and apply to all reservations, bookings and agreements for accommodations, dining, banquet room hire and use of all facilities at Holiday Resort & Spa Guam. It shall be used in conjunction with any contract offered for a specific accommodation, dining, banquet room hire, and use of all facilities. The terms and conditions will be in effect from July 1, 2007 .