Waikoloa Terms and Conditions
This website www.waikoloahotelsandresorts.com is owned and operated by Waikoloa Hotels and Resorts, Inc. (“Company”), a corporation duly organized and existing under the laws of the Republic of the Philippines, with address at Felmida Rd., Brgy. Felmida-Diaz, Cabangan, Zambales.
Your access to this website is conditional upon your acceptance and compliance with terms and conditions contained herein. By using this website, you are accepting the terms and conditions for the usage of this website. Your acceptance will be a binding agreement between you and the Company.
Use of this Website
This website allows you to book a room in Waikoloa. It shows the architect’s perspectives of the rooms and the price for each variant.
The website also shows the features of and experiences that one can avail in the Hotel.
Lastly, it provides marketing and promotional information about the products, services, and activities available in the Hotel.
The website and the contents are made available for your personal and non-commercial use.
You must not use this website for any unlawful, illegal, or immoral purposes, and the Hotel reserves the right to block access to any user who tries to do so.
Upon using this website, you represent that you are of legal age, with the legal capacity to enter into an agreement with the Hotel for its products, services, and activities.
This website contains content and materials that are owned by Waikoloa Hotels and Resorts, Inc. and is protected by intellectual property. Your access to this website does not grant or transfer to you any right over the same.
You cannot print, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, store, display in public, sell, license, reverse engineer, decompile, or disassemble the content without the prior written consent of Waikoloa. You must not engage in any conduct that infringes, violates or misappropriates any intellectual property rights of Waikoloa or any other party, and such infringement, violation or misappropriation shall amount to a breach of this agreement. No permission or authorization is granted for you to use, or permit others to use the Hotels’s icons, site addresses, or any other means to hyperlink other websites unless specifically permitted by the Company in writing.
All reasonable efforts have been made to ensure the accuracy of the content and materials displayed. We regularly review the website and update pages from time to time to reflect any changes to the features, functionality and available services of the Hotel.
The website, its content and materials are provided as “as is” basis without warranties of any kind, and we disclaim all warranties, whether express or implied, to the maximum extent permitted by law, including but not limited to warranties of title, merchantability, fitness for purpose, non-infringement of intellectual property or proprietary rights, confidentiality or privacy of any communication or information transmitted, compatibility, accuracy, reliability or availability of the services offered, or arising from course of dealing or usage of trade. You accept all risk and responsibility for your use of the website, including the submission of any personal information and credit/ debit card information.
The materials are for general information only and nothing herein contains professional advice or any binding commitment by us in relation to the accuracy, reliability or availability of the products and services on offer or provided by us.
The use of this website is at your own risk. We do not warrant or represent that your access to the website will be uninterrupted or without any error or that any information, data, content or other material accessible in connection with the website will not have viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device.
You acknowledge that your access to the website on your device depends on a third party which is your service carrier. You agree that we are not responsible for any delays, interruptions or suspension of the services available through the website which are caused by the failure of network connectivity. You also agree that we are not responsible for any malfunctions, failures, difficulties, or lost, stolen or misdirected messages, transmissions or entries, or the security of any communications entered by you. To the full extent permitted by law, we shall not be responsible for injury, loss or damage to your device, interception, use or disclosure of confidential information arising out of your use of this website.
Limitation of Liability
The Hotel shall not be held liable for any loss or damage of whatsoever amount including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss arising out of or in connection with the use, reference to or reliance on any content or materials in the website, for any inaccuracies, omissions, statements or errors in any content or materials in the website, for the access to or use of this website, the access to or use of any information held on or through the website by unauthorized third parties, for any delays, disruptions, defects, failures, or technical errors, for any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties or any injury, illness, death, loss, or damage arising from your use, and for the performance of any of the functions, even if you have been advised of the possibility of any or all of the foregoing.
You agree that your sole and exclusive remedy will be limited to the amount you paid for services or products with the condition that you have transacted with us only through this website and not with any third party. We disclaim any reference or affiliation with third parties. To the full extent permitted by law, you hereby waive any and all rights to bring any claim or action beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
The Hotel will not be liable to you or to any other third person, for any indirect, incidental, consequential, special, reliance, or punitive damages or lost or imputed profits, lost data or cost of procurement of substitute services, whether liability is asserted in contract, tort, indemnity or contribution, and irrespective of whether a Party has been advised of the possibility of any such loss or damage.
The aggregate liability (inclusive of all applicable interest and legal and other costs) of the Hotel in respect of all claims, actions or demands arising under or in connection with this Agreement will in no event exceed the sums paid by you for the service in the relevant period in this Agreement, or will no event exceed the total contract value of this Agreement.
All disputes arising out of or in connection with the present Agreement, including any question regarding its existence, validity, or termination shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) for the time being in force, which rules are deemed incorporated by reference into this clause. The venue shall be in the office of PDRCI in Taguig City. The language of the arbitration proceedings shall be English.
In case of any dispute that may arise, the Parties agree to settle amicably before resorting to arbitration and other legal remedies. Should any cause of action arise which is not resolved by arbitration, the Parties agree that the legal remedies may be availed of in the City of Mandaluyong exclusively.
The Hotel may amend this Terms and Conditions at any time without prior notice. Your continued use of the website after any such amendment constitutes your acceptance of the amended Terms and Conditions.
To the maximum extent permitted by law, the Parties expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including implied representations, warranties or conditions of merchantability and fitness of the service for a particular purpose.
The Hotel warrants that it is an entity duly organized, valid and existing under the laws of the Republic of the Philippines, that all actions and/or authorizations and/or approvals on the part of the Hotel and its Board of Directors, owner/s, or partner/s, and officers necessary for the authorization and execution of this Agreement, and the performance of all obligations herein, have been taken.
The actual or future invalidity or ineffectiveness of one or more provisions in these terms shall not affect the validity or effectiveness of the whole document.
This terms and conditions shall be governed by the laws of the Republic of the Philippines.