Terms and Conditions
Terms of Use
Welcome to balibayresorts.com. This web site is owned and operated by Thomas Ventures LLC, and maintained in the United States of America. By entering this site, you accept and agree to the following Terms of Use. These Terms of Use may change from time to time. By continuing to remain at and use this site after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend, or discontinue balibayresorts.com, or any portion of this site, at any time without notice.
Privacy
We collect information about the visitors to this site. The collection of this information is governed by our Privacy and Security Policy.
Service Marks and Trademarks
We never want consumers to be confused as to whether services are offered by us or other parties. We therefore vigorously protect our intellectual property rights and forbid any other parties from using our service marks, trademarks, and trade names without written permission. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this site without our written consent. This prohibition on use of the marks includes, without limitation, use as meta tags, in domain names, and on other sites. If you encounter any use of our marks that appears to be unauthorized, please let us know by clicking here. Some marks on this site may be owned by other parties and used with permission.
Copyrights
Our (a) site content, including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above, and (b) software available for download on this site, are our property, or the property of our content suppliers and vendors, and are protected by United States and international copyright laws. You may use this site's content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Prohibited uses include but are not limited to displaying, distributing, modifying, reproducing, republishing, decompiling, or transmitting any content on this site or the software available for download on this site in any manner without written permission from us.
Links
All linking to this site must be authorized by us in advance.
This site may contain links to sites owned or operated by other parties. Such links are provided for your convenience only. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES, ON, OR THE SECURITY OF, SUCH SITES. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY IF SUCH SITES INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; ARE INACCURATE, INCOMPLETE, OR MISLEADING; ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE; DO NOT PROVIDE ADEQUATE SECURITY AND PRIVACY; CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR ARE LIBELOUS OR DEFAMATORY. FURTHER, WE DO NOT ENDORSE THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE, ON SUCH SITES. IF YOU ESTABLISH A LINK TO SUCH SITES, YOU DO SO AT YOUR OWN RISK AND WITHOUT OUR PERMISSION.
Site Access and Use
You may not retransmit, reproduce, duplicate, copy, sell, resell or otherwise exploit the content on this site for commercial use unless we provide you with prior written permission to do so. We may refuse service, terminate access, and/or cancel transactions at our discretion. All rooms must be paid 2 weeks prior to arrival. No cancellation within 2 weeks.
You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, 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 herein, without the prior express consent from us (such consent is deemed given for standard search-engine technology employed by Internet search sites to direct Internet users to this site).
You are responsible for the content of your submissions, and you allow us to use that content in ways consistent with our Privacy and Security Policy. You may not post or transmit to this site any unlawful, defamatory, profane, or like material, and you may not modify or abridge any functionality of the site.
The rates listed on this site are provided by the individual hotels or vacation rental management companies that manage vacation rental properties and are represented in their local currency. A “vacation rental property” is defined as a home, house, villa, condo, apartment, townhouse or other residence, managed by a vacation rental property management company that is booked through the respective toll-free dedicated vacation rental reservation line, the applicable website, or through the vacation rental management companies' dedicated reservations phone number. Currency may be converted at this site, however, this service is provided for convenience only. We base international currency conversion on publicly available sources, so we do not warrant or guarantee that conversion rates are accurate or will be the same at the time you pay the hotel. Your payments to hotels or vacation rental management companies on this site are matters to be resolved solely between you and the hotel or vacation rental management company, and we do not assume any liability or involvement in disputes you may have with a hotel or vacation rental management company. Hotels or vacation rental management companies may change price and availability of rooms listed on this site without notice.
You agree not to use the information on this site to advertise or solicit anyone to buy or sell any products or services (directly or indirectly), including but not limited to hotel or vacation rental management company reservation services, without our express written approval.
You agree that you will only make legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
You are prohibited from reselling any hotel rooms booked through balibayresorts.com. In the event that Bali bay Resorts learns of the resale of rooms, all reservations booked in the resellers name may be cancelled at Bali Bay Resorts sole discretion. Vacation rental management companies only offer entire homes, resort units, condos, apartments, cabins or villas for rent. See the Vacation Rentals tab on this site for further details.
CONTACT BY TELEPHONE AND TEXT MESSAGE
You understand that by releasing your telephone number to Bali Bay Resorts, you are providing Bali Bay Resorts, and any Bali Bay Resorts-affiliated entity or third-party covered under these Terms of Use, your consent to be contacted at the telephone number provided, using any technology, for any non-marketing purpose. For the avoidance of doubt, you understand and agree that the telephone equipment and technology utilized by us does not have the capacity to randomly or sequentially generate telephone numbers, or to send calls or text messages without human intervention, but you nevertheless agree to receive autodialed calls or text messages or prerecorded voice calls to any telephone number you provide to us at any time.
You also acknowledge that when you make a reservation with the “Text confirmation” feature selected, you, and not Bali Bay Resorts, will initiate a text message to the telephone number you provided, and you are fully responsible for these text messages that you initiate. You further understand and agree that if you make a reservation with the “Text confirmation” feature unselected, this will not otherwise limit your consent to be contacted by telephone as detailed in the paragraph above. You understand and agree that any attempt to contact you concerning the status of your reservation or your stay is not a marketing communication.
You further agree that if you wish to opt out of telephonic communications with Bali Bay Resorts, you will first follow the opt-out instructions provided by Bali Bay Resorts, if any, before attempting to opt out by other reasonable means. You further warrant and represent that you will not provide to Bali Bay Resorts any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Bali Bay Resorts, including, when applicable, updating your Bali Bay Resorts Privileges Membership information.
Limitation of Liability
All hotels franchised under Thomas Ventures LLC brands are independently owned and operated. All vacation rentals listed on this site are independently operated and maintained by a network of vacation rental management companies and Bali Bay Resorts is not a party to any rental or other agreement or transactions between users and the vacation rental management companies, even if this site allows or facilitates the booking of a vacation rental or provides other ancillary products or services. Any part of an actual or potential agreement or transaction between a user and a vacation rental management company, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of a vacation rental management company to rent a vacation property or the ability of users to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.
Bali Bay Resorts expressly excludes any liability for any act or omission of a franchised hotel, vacation rental and vacation rental management company, including negligence and willful misconduct.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THIS SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.
The information and content on this site may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction. Bali Bay Resorts shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Bali Bay Resorts reserves the right to make changes, corrections, cancellations and/or improvements to our content and information, and to the products and programs described in such content and information, at any time, including after confirmation of a transaction.
Disclaimer of Warranties
WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, WE PROVIDE THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. THE WAIVED WARRANTIES, TO THE EXTENT ALLOWED BY LAW, INCLUDE BUT ARE NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR FRANCHISEES OR RELATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT OR DOWNLOADABLE SOFTWARE ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree, at your expense, to indemnify, and hold us, as well as our officers, directors, employees, agents, affiliates, distributors, franchisees, vacation rental management companies, and licensees harmless from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses of counsel selected by Bali Bay Resorts) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms of Use or in connection with your use of this site or any product or service related to this site.
Governing Law and Dispute Resolution
We create and control this site in the South Carolina, U.S.A. Accordingly, South Carolina law governs these Terms of Use, without regard to South Carolina conflicts of law principles. In the event that there is a dispute, claim or controversy between you and Bali Bay Resorts, or between you and any third-party acting on Bali Bay Resorts behalf, arising out of or relating to your use of the website, your reservation or stay at any Bali Bay Resorts-affiliated hotel, federal or state statutory claims, common law claims, these Terms, Bali Bay Resorts Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Rockville, MD before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the South Carolina, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby. The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Waiver/Severability
The waiver by either party of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted to you herein are reserved to us.
Translations
As a service to our customers, we make these Terms of Use available in several different languages. In the event of any discrepancies between the various translations of these Terms of Use, the English version of the Terms of Use is the authoritative one.
Our Address
balibayresorts.com
Bali Bay Resorts
701 S Ocean Blvd
Myrtle Beach, SC 29577
https://balibayresorts.com/