Terms and Conditions
1. USE OF OUR SERVICE
The Services allows Users who create an account with the Services ("Members") to earn and redeem loyalty reward points ("Loyalty Rewards") for incurring Eligible Guest Charges (as defined below) at lodging providers that are included in Beyond by CoralTree ("Participating Property" or "Participating Properties"). Members may earn Loyalty Rewards as a guestroom occupant of a Participating Property (a "Guest") subject to the terms herein. Members who have an account with more than one service of Beyond by CoralTree will earn and redeem Cash Back as if the Member has a single account. We reserve the right to change the list of Participating Properties at any time without notice or liability to you.
A. SERVICE ELIGIBILITY
You may use the Services only if you can form a binding contract with CoralTree Hospitality, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement.
B. THE SERVICES
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services solely for your personal, non-commercial use. CoralTree Hospitality reserves all rights not expressly granted herein in the Services.
C. ACCOUNTS WITH CORALTREE HOSPITALITY
Your account with CoralTree Hospitality gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account with Beyond by CoralTree on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify CoralTree Hospitality immediately of any breach of security or unauthorized use of your account. CoralTree Hospitality will not be liable for any losses caused by any unauthorized use of your account.
D. SERVICE RULES
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Services; (vi) collecting or harvesting any personally identifiable information, including account names, from the Services; (vii) using the Services for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. OUR PROPRIETARY RIGHTS
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (“CoralTree Hospitality Content”), and all Intellectual Property Rights related thereto, are the exclusive property of CoralTree Hospitality and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CoralTree Hospitality Content. Use of CoralTree Hospitality Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
3. EARNING LOYALTY REWARDS
Subject to the terms and conditions of the “Loyalty Rewards Eligibility” Sections below, CoralTree Hospitality provides, through the Services, Loyalty Rewards to Members based on Eligible Guest Charges (as defined below) incurred at Participating Properties or based on other promotional bonuses offered by CoralTree Hospitality or Participating Properties. The Participating Properties and the terms and conditions governing each Participating Property rewards program may vary from time to time and are subject to change without notice. Loyalty Rewards are not considered earned by Members unless: (i) they are approved or validated by CoralTree Hospitality; (ii) the Member has expressed interest in utilizing their account, as determined by CoralTree Hospitality in its sole discretion (an “Activated Member”), at least once in the period of time commencing with their original enrollment into the Services and ending sixty (60) calendar days after completion of their first Eligible Stay (as defined below); and (iii) if applicable, the Loyalty Rewards have been funded by the issuing Participating Property (“Earned”).
If any Loyalty Rewards redeemed by you through the Services are subsequently determined to be ineligible or to have been redeemed in error, CoralTree Hospitality may recall such Loyalty Rewards upon notice to you, and you agree to return all applicable amounts of such Loyalty Rewards to CoralTree Hospitality within sixty (60) days of the receipt of such notice. Loyalty Rewards have no cash value.
4. REDEEMING LOYALTY REWARDS
CoralTree Hospitality provides Members with various Loyalty Reward redemption options as provided on the Services (as updated by CoralTree Hospitality from time to time). Loyalty Rewards may be either (a) redeemed after the Member Earns Loyalty Rewards for the first time (“Instant Rewards”), or (b) redeemed after the Member Earns Loyalty Rewards two or more times, in each case subject to certain eligibility and expiration rules as provided by CoralTree Hospitality. Each Member may redeem, through the Services, Loyalty Rewards within its account in accordance with the applicable account profile/settings. These settings may include, without limitation: (i) automatic redemption via a payment service chosen by the Member (which may be subject to a minimum or maximum threshold or specific amount); (ii) redemption options presented by the Services (as provided on the Services from time to time); (iii) redemption options offered by Participating Properties; or (iv) redemption options offered via third parties. CoralTree Hospitality reserves the right to withhold redemption or charge back to any Member's account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by the applicable Member, pending our reasonable investigation of such breach. To ensure proper redemption of Loyalty Rewards, each Member is solely responsible for providing to and maintaining with the Services accurate contact and other information associated with its account, which includes, without limitation, applicable tax information. If a Member cancels the Services prior to redeeming all remaining Loyalty Rewards, it will lose the ability and forfeit the right to redeem any remaining Loyalty Rewards balance in the account at the time of cancellation (unless required otherwise by applicable law). If we believe that we are obligated to obtain tax or other information from you, as a Member, and you do not provide this information to us after we have requested it, we may withhold redemption of Loyalty Rewards you have requested be redeemed until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain such information. You acknowledge that any third-party fees related to returned or cancelled Loyalty Rewards redemptions that result from any incorrect or out-of-date contact or other information provided by you may be deducted from your future Loyalty Rewards redemptions. We may be required by law to treat the issuance or redemption of Loyalty Rewards as income to you and to report the value of the Loyalty Rewards to government entities. The valuation of the issuance or redemption of Loyalty Rewards for such reporting purposes will be at our sole discretion. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Services and to cooperate fully with us in any matters related to reporting and tax compliance. If you dispute any Loyalty Rewards redemption made hereunder, you must notify CoralTree Hospitality in writing within thirty (30) days of such redemption. Failure to so notify CoralTree Hospitality shall result in the waiver by you of any claim relating to such disputed Loyalty Rewards redemption. Loyalty Rewards redemptions shall be calculated solely based on records maintained by CoralTree Hospitality. No other measurements or statistics of any kind shall be accepted by CoralTree Hospitality or have any effect under this Agreement. We may deduct or withhold any taxes or other amounts from your Loyalty Rewards redemptions as required by law.
5. MAINTAINING LOYALTY REWARDS
Loyalty Rewards that have not otherwise expired shall remain available for redemption as long as a Member has expressed interest in maintaining their account, as determined by CoralTree Hospitality in its sole discretion (an “Active Account”) at least once each calendar year beginning the calendar year following initial enrollment into the program. A Member will lose the ability and irrevocably forfeit the right to redeem any remaining Loyalty Rewards balance in its accounts at the time that such Member ceases to have an Active Account (unless required otherwise by applicable law).
6. LOYALTY REWARDS ELIGIBILITY
In order to be eligible for redemption, Loyalty Rewards must be earned on Eligible Guest Charges, as provided below:
A. ELIGIBLE STAY
Loyalty Rewards may be earned for an “Eligible Stay,” defined as one (1) or more consecutive nights the applicable Guest spent in a Participating Property while you were enrolled in the Services, regardless of whether the Guest checked out and checked back in, and subject to Section 1 above, if (a) you were enrolled in the Services prior to the day of check-in for the Guest’s then-current stay, and (b) the applicable booking is an Eligible Booking (as defined below).
B. ELIGIBLE BOOKING
An “Eligible Booking,” is a Booking that: (i) was made via the Services; (ii) is not commissionable to a third party; and (iii) is not associated with wholesale rates, tour operator rates, crew room rates, employee rates, friends and family rates, club rates, certain negotiated corporate and group rates, certain override rates, manager specials, or rates that are billed to a master folio or master account. You acknowledge and agree that Eligible Bookings may be further defined or limited by each Participating Property subject to their individual reservation’s terms and conditions.
C. ELIGIBLE GUEST BILL
An “Eligible Guest Bill” is a bill that is provided by you and received by CoralTree Hospitality via manual submission or enabled e-mail sync functionality within thirty (30) days after the date of check out and validated by CoralTree Hospitality to possess all of the following characteristics: (i) is fully complete as provided by the Participating Property (showing all fields, charges, pages, and totals); (ii) matches the Participating Property’s official copy on record, including any adjustments or corrections that were made subsequent to check out; (iii) is clearly legible without ambiguity; (iv) has no doctored fields or content; and (v) is associated in Participating Property’s records with an email address and name that has been registered with CoralTree Hospitality. In absence of an Eligible Guest Bill, CoralTree Hospitality may so determine to accept in its place a reservation confirmation or the digital equivalent of a reservation confirmation or guest bill as long as it is validated by CoralTree Hospitality to meet the same criteria.
D. ELIGIBLE GUEST CHARGES
You may earn Loyalty Rewards as a Guest only when you incur Eligible Guest Charge(s), where “Eligible Guest Charge(s)” is defined as all accommodation related charges that: (i) appear on an Eligible Guest Bill; (ii) were incurred during an Eligible Stay; and (iii) have been paid in full. Except as otherwise allowed by a Participating Property, the following do not constitute Eligible Guest Charges: (s) resort fee; (t) miscellaneous ‘other’ charges (i.e. parking, rollaway bed, etc.); (u) room packaging components; (v) the room rate(s) if you were not a Member on the day prior to check-in; (w) the room rate(s) on stays of thirty one (31) or more consecutive nights (in which case the Guests will not be eligible for Loyalty Rewards on any of the room rate charges, including those during the first thirty (30) nights); or (x) any taxes, GST, VAT, or other tariffs; or (y) Master Bill charges; or (z) charges for more than three (3) rooms in total. You acknowledge and agree that Participating Properties may further define Eligible Guest Charges to include ancillary charges that are billed to the Eligible Guest Bill including, but not limited to, in-room dining, minibar, food and beverage outlets, spa and health club operations, and onsite recreational or entertainment concessions.
CoralTree Hospitality uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. THIRD-PARTY LINKS
You agree to defend, indemnify and hold harmless CoralTree Hospitality and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by the Services on your behalf; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
11. NO WARRANTY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORALTREE HOSPITALITY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CORALTREE HOSPITALITY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
CORALTREE HOSPITALITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY RESERVATIONS MADE THROUGH THE SERVICES, AND CORALTREE HOSPITALITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORALTREE HOSPITALITY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CORALTREE HOSPITALITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORALTREE HOSPITALITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER PROVIDED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CORALTREE HOSPITALITY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CORALTREE HOSPITALITY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CORALTREE HOSPITALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
All data on the Services’ servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON CORALTREE HOSPITALITY SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CORALTREE HOSPITALITY SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. CORALTREE HOSPITALITY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CORALTREE HOSPITALITY SERVERS.
13. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
A. GOVERNING LAW
You agree that: (i) the Services shall be deemed solely based in Colorado; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Colorado. This Agreement shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Denver, CO for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Denver, Colorado is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CORALTREE HOSPITALITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CoralTree Hospitality without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT
C. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CoralTree Hospitality’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement was last modified on August 1st, 2021.