Terms and Conditions

We want to make your stay as smooth and as enjoyable as possible, so make sure to read our terms and conditions so you can start relaxing as soon as possible"

The Biltmore Hotel Terms Of Use

These Terms of Use governs your use of this Internet site located at https://www.biltmorehotel.com (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms of Use and to follow these terms and all applicable laws and regulations governing the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, ‘our”, and “The Biltmore Hotel” refer to Biltmore Hotel Limited Partnership, a Florida limited partnership, and its affiliates.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

Eligibility

As a condition of your use of the Site: (i) you must be at least 18 years of age; (ii) you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by these Terms of Use; and (iii) your use of the Site must not violate any law, statute, ordinance, rule or regulation. You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site.

Reservations, Bookings and Purchases through the Site

You represent and warrant that you are legally authorized to make the travel reservations, bookings and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including, without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such error or mistake is ours, or from an attempt to circumvent our policies, terms or conditions.

Restrictions on Use of the Site

You acknowledge and agree that all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site (collectively, the “Site Content”) are owned or licensed by The Biltmore Hotel. You further agree that you may not modify, alter, duplicate, download, upload, post, reproduce, publish, transmit, copy, display, transfer, sell, re-sell, perform, license, sublicense, or otherwise distribute the Site Content for any commercial use, or for any purpose or use other than as described in these Terms of Use without the prior written consent of The Biltmore Hotel, which may be withheld in our sole and absolute discretion. Likewise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to The Biltmore Hotel in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent, which may be withheld in our sole and absolute discretion.

Passwords

We may provide you with the ability to use usernames, passwords, or other codes or devices (collectively, “Passwords”) to gain access to certain portions of our Site. You are solely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole and absolute discretion and without prior notice to you for any reason, including, for example, if you violate any part of these Terms of Use. 

Registration

In order to take advantage of certain features on the Site, you may be required to register under the “My Biltmore” section of this Site. For example, you may be required to register to receive our newsletter and email promotions with special offerings and packages. Our use of any personal information that you provide to us during the registration process is governed by our Privacy Policy

Communications

With respect to all communications you make available, provide or send to us, including, without limitation, information, feedback, questions, comments, proposals, content, suggestions, submissions, hotel reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques and/or any other materials (collectively, “Communications”), and all Communications you post, display or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) The Biltmore Hotel a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production and marketing of products and services that incorporate such Communications; (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on a hotel review that you submit) at our sole discretion; and (iii) pursue at law any person or entity that violates your or our rights in the Communications by a breach of these Terms of Use. You expressly waive any and all “moral rights: (including rights of attribution or integrity) that may subsist in your Communications.

We take no responsibility and are not liable for any Communications posted on the Site or submitted by you. We have no obligation to post your Communications and reserve the right in our sole discretion to determine whether to publish and/or keep Communications on the Site. We shall have the right (but not the obligation) to monitor and review Communications transmitted or received through the Site and to censor, edit, remove or prohibit the transmission or receipt of Communications (in whole or in part) that we deem inappropriate or in violation of these Terms of Use. During monitoring, your Communications may be examined, recorded or copied by us, and your use of the Site constitutes your consent to such monitoring, recording and review. The above is limited only by our commitment and obligations pertaining to your personal information set forth in the Privacy Policy. If you do not agree to these terms, please do not use the Site.

Subject to the foregoing, nothing in these Terms of Use shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications.

Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet e-mail to send us transaction instructions (including, for example, instructions that include credit card, wire transfer, routing, banking or other confidential information). Users who choose to send Internet e-mail messages to us that contain confidential, private or personal information do so entirely at their own risk.

Third Party Sites and Materials

This Site contains links to websites and resources operated by parties other than us, who may provide goods and/or services and whose websites may link to our Site (“Third Party Sites”). Such links are provided for your convenience only. We do not control such Third Party Sites and are not responsible for their content or accuracy. We make no representations or warranties regarding any third party materials, products, or services that you purchase, rent, lease or otherwise acquire from or through such Third Party Sites, nor are we liable or responsible to you for any such third party materials, products or services. The inclusion on the Site of links to Third Party Sites does not imply any endorsement or accuracy of the material on such websites or any association with their operators. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Sites.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission, which may be withheld at our sole and absolute discretion. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.

The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, without limitation, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action.

Injunctive Relief for Violations

You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, INCLUDING, WITHOUT LIMIATION, WHETHER OUR SITE WILL BE AVAILABLE, ADEQUATE, UNINTERRUPTED, COMPLETE OR ERROR FREE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY THIRD PARTY SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT ANY NOTICE WHATSOEVER, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.

The Site may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including, without limitation, rates, fees, or availability applicable to your transaction. We are not responsible for any typographical, photographic, technical or pricing (including, without limitation, mistaken hotel rates) errors listed on our Site. We reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a reservation.

We reserve the right to determine whether claims under our Best Rate Guarantee are valid and meet all of the defined requirements and terms and conditions of the program. All claims will be verified and confirmed. If a claim is deemed to qualify, we will contact the claimant and the claim will be handled according to the terms and conditions of the program.

LIMITATION OF LIABILITY

WE DISCLAIM ALL LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR (2) LOSS OF INFORMATION OR DATA. WE FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING, WITHOUT LIMIATION, ANY LOSS OF PROFITS, DATA, INCOME, REVENUE, BUSINESS, CONTRACTS, SAVINGS OR ANTICIPATED SAVINGS, GOODWILL OR COST OF COVER, OR WASTED MANAGEMENT, BUSINESS, PERSONAL OR OFFICE TIME, OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

WE ALSO DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, THIRD PARTIES OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, THIRD PARTIES AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH WE RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnity and Release

You agree to indemnify, defend and hold The Biltmore Hotel, its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, partners, employees, agents and representatives of each of them (collectively, the “Indemnified Parties”), from and against any allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (collectively, “Claims”) arising out of or in any way connected with (i) these Terms of Use, (ii) the services or products provided to you by us through the Site or otherwise, (iii) the Site Content, (iv) the Third Party Sites, (v) the Communications, (vi) the Passwords, (vii) any related act or failure to act by you, including, without limitation, any transaction you engage on and/or in connection with the Site and/or any Third Party Site, whether or not occasioned or contributed to by the negligence of The Biltmore Hotel, or (viii) Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including, without limitation, copyright, patent, trade secret, trade mark, artist rights, moral rights, privacy, publicity or rights under other intellectual property laws (collectively, the “Claims List”). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

By utilizing the Site, you, and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by or contributed to by the negligence of any of the Indemnified Parties, and whether now known or suspected, which existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the effective date of acceptance of these Term of Use and/or any modifications of these Terms of Use arising out of, concerning, pertaining or relating in any manner to the items listed in the Claims List. You have been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through these Terms of Use, and with the advice of counsel, to fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel, understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.

Digital Signature Provisions

You represent and warrant that you have the legal right, power and authority to agree to these Terms of Use. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms of Use and acknowledged and agreed that these Terms of Use are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the person on whose behalf you are acting.

No Agency

You and The Biltmore Hotel are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Disputes

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of our products and/or services. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the United States District Court for the Southern District of Florida or, if there is no federal jurisdiction over the action, in the courts of the State of Florida located in Miami-Dade County, Florida. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

General Provisions

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the entire agreement between you and us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Modifications

We reserve the right, in our sole discretion, to modify, add or remove portions of these Terms of Use at any time and from time to time without notice. Unless otherwise indicated, such changes will become effective immediately upon our posting of the changes. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Your continued use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.

Last Updated: June 2018