Terms and Conditions

This website www.summersands.in (“Website”) is owned and operated by Summer Sands Beach Resort, having its address at Chota Mangalore, Ullala, Mangalore, 575020. The said website being managed, developed and maintained by Market Bird.

ALBUQUERQUE HOTELS PRIVATE LIMITED is the trade name of the entity operating Summer Sands.

Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (“Terms and Conditions”). By using the Website, you will be deemed to have accepted these Terms and Conditions.

By accepting the Terms and Conditions, you will be entering into a binding agreement with Summer Sands Beach Resort and its affiliates & subsidiaries for the access to and use of this Website. The usage of the terms “we” or “us” refers to Summer Sands Beach Resort, Mangalore (SSBR).

Use of the Website

The Website allows you to access the reservation services of Summer Sands Beach Resort, Mangalore.

The Website also provides marketing and promotional information about products, services and activities on offer by Summer Sands Beach Resort, Mangalore.

The Website and its content are made available for your personal, non-commercial use. The Website should not be used for unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. Summer Sands Beach Resort, Mangalore. reserves the right to deny access to the Website to any user who violates the Terms and Conditions, the Privacy Policy, the Cookies Policy or at its sole discretion in relation to activities that are prejudicial to its interests.

You must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of the Website, the system hosting the Website, or any of our computer systems.

You must be of sufficient legal age and capacity in order to make reservations for rooms, restaurants or spa services through the Website. If you are a child or minor, you may only use the Website and services available on the Website with the permission of your parent or guardian.

Intellectual Property

The Website contains proprietary information, content and materials, including but not limited to text, graphics, images, photographs, videos, music, sound, icons, logos, designs, trade names, trade secrets, patents, trademarks, software codes and technologies (“Content“), that is owned by Summer Sands Beach Resort, Mangalore. and/or third parties and is protected by applicable intellectual property and other laws, including but not limited to copyright. No licence is granted in respect of those intellectual property rights. Your use of the Website does not grant, transfer to or confer upon you any right, title or interest in the Content.

You can send your comments, suggestions, ideas, or feedback concerning the Website or any of the services made available to you on the Website or at the hotel (“Feedback”). You agree that if you provide any Feedback to us, we will own all right, title and interest in and to the Feedback, even if such Feedback is provided in confidence. We will be entitled to use the Feedback without any restriction whatsoever in law or otherwise. You irrevocably assign to us all rights, title and interest in and to the Feedback and agree to provide us with any assistance we may require to document, amend and maintain our rights in the Feedback.

Reservations

By using this Website to make reservations with Summer Sands Beach Resort, Mangalore., you agree to be bound by any and all of the resort’s standard terms and conditions and by any other policies, terms and conditions that may apply in particular the “Standard Terms and Conditions at Summer Sands Beach Resort, Mangalore” as amended and applicable during the period of reservation and/or stay.

By using this Website to make reservations, you hereby authorize Summer Sands Beach Resort, Mangalore. to use your personal information including credit/ debit card information that you may provide for the purpose of making, confirming or paying for the reservation or for services associated with and/or provided by Summer Sands Beach Resort, Mangalore or third parties.

Summer Sands Beach Resort, Mangalore reserves the right to require proper proof of identity (e.g. passports or national identity cards) from all persons checking in including and not limited to their guests or visitors. Summer Sands Beach Resort, Mangalore has the absolute discretion to refuse to check in if the identity does not match with the person mentioned in the reservation or if anyone refuses to provide the requisite proof of identity to Summer Sands Beach Resort, Mangalore. We reserve the right to cancel or modify at our sole discretion any reservations that have been made in breach of the Terms and Conditions or for false, fraudulent or unauthorized purposes.

Refund/Cancellation Policy

The cancellation of any reservation at Summer Sands Beach Resort, Mangalore will be according as below.

24 hours Prior: No Refund

24-48 hours Prior: 50% Refund

48-72 hours Prior: Full Refund

Credit/ Debit Card Information

You must provide valid credit/ debit card information (such as card type, card number, expiry date and the full name shown on the card) to Summer Sands Beach Resort, Mangalore. to secure your reservation.

While all reasonable security measures will be taken to secure your credit/ debit card information, you agree to hold us and our employees and officers harmless and release us from any actions, claims, liability, damage or loss resulting from any loss, release, compromise, or disclosure of your credit/ debit card information caused by malware attacks, phishing attacks, viruses, hacking activities, malicious software and any other unlawful interference of the Website’s operating system or unauthorized access by third parties.

Payment

Where applicable, you may charge the purchase of goods and services including food and beverage services, other services namely- internet services, local and international calls, if required)  or other activities at the resort to your room during your stay. You are personally liable for the full payment of all such charges which may include any applicable service charges, duties, taxes, or tariffs. You are required to pay and settle all such charges fully upon receipt of the Summer Sands Beach Resort’s bill or during check-out.

If you choose to check out of Summer Sands Beach Resort, Mangalore without settling your bill, you irrevocably authorize us to charge to your credit card or any mode of payment, which was used at the time of check-in, provided to secure your reservation, or saved in your account (whichever is available), all charges you and your guests may have incurred including any damage or loss caused by you or your guests to Summer Sands Beach Resort, Mangalore during your stay.

Valuables and Risks

You are advised not to bring expensive valuables onto our premises and you do so at your own risk. While Summer Sands Beach Resort, provides reasonable security, however, it is not designed as high security areas for the safekeeping of expensive valuables.

Privacy Policy

We respect your privacy and are committed to protecting the privacy, confidentiality and security of the personal data you provide to us or that we otherwise collect about you when you use this Website. How we collect, use and disclose your personal data (including sensitive personal data (where applicable) and overseas transfers of your personal data) is set out in our Privacy Policy found here. Your continued use of and access to this Website constitutes your acceptance of our Privacy Policy and acknowledgement of the fact that the Summer Sands Beach Resort website is being managed and developed by third party.

By using this Website, you consent to receiving direct marketing and promotional communications from Summer Sands Beach Resort. Accordingly, we will send you either via emails, SMS messages, telephone calls, promotional information that we think may be of interest to you. You may opt-out from receiving further communications from us at any time by contacting us by email at reception@summersands.in.

Disclaimers

All reasonable efforts have been made to ensure the accuracy of the content and materials displayed on the Website. We regularly review the Website and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this Website.

The Website, the content and materials, and goods and services on the Website are provided “as is” and on an “as available” 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 on the Website or any sites linked to the Website, compatibility between the Website and any software or hardware, accuracy, reliability or availability of the goods and services on offer, 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.

All images on this Website were correct at the time they were produced and are intended only to give a general impression of Summer Sands Beach Resort, Mangalore, their features, facilities and services. The climatic or environmental conditions depicted in the images are those prevailing at the time these images were created. These conditions may vary from time to time and may not represent actual conditions at any location at any given time. Individual features of Summer Sands Beach Resort depicted here may also be subject to change without notice. These images should not be construed as representations of any kind and are not intended to form part of any contract or warranty and no person may rely on them for any such purpose.

Your use of the 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(s).

You acknowledge that your access to the Website on your device(s) depends on the mobile network carrier or Internet. 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(s), or interception, use or disclosure of confidential information (such as credit/ debit card information or other personally identifiable information), arising out of your use of the Website or any sites linked or associated with the Website.

Limitation of Liability

Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the full extent permitted by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) 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 (i) any use, reference to or reliance on any content or materials in the Website; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the Website; (iii) the access to or use of the Website; (iv) the access to or use of any information held on or through the Website by unauthorised third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the Website; (vi) any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties or any injury, illness, death, loss, or damage arising from your use of any third party websites, applications, products or services available in the Website; or (vii) the performance or non-performance by us with respect to products or services available in the Website; even if you have been advised of the possibility of any or all of the foregoing.

Notwithstanding the above, and to the full extent permitted by law, you agree that in the event we are held liable for any damages related to this Website, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties, we disclaim any and all liability relating to them. To the full extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this Website in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

Indemnity

You agree to indemnify and keep us, our parent firm, company, subsidiaries, affiliates, officers, partners, directors, representatives, employees and agents indemnified from and against any liability, loss, claim, dispute, demand, damage or cost (including without limitation legal fees) which arises out of or is caused by your breach of the Terms and Conditions, your use of the Website or your violation of any laws or third party rights.

Consequences of Non-Compliance

If you fail to comply with the Terms and Conditions, without prior notice and without any liability to you or any other person, we reserve the right to take all or any of the following actions:

• cancellation or modification of your reservation(s) or transaction(s);
• issuance of a warning to you;
• termination, restriction or suspension of your use of or access to any or all part of the Website;
• commencement of legal action against you; or
• disclosure of information about you to law enforcement authorities as we may determine in our sole discretion.
• The above is not exhaustive. We may take any other action in our absolute discretion.

Summer Sands Beach Resort Policy

By making reservations with Summer Sands Beach Resort, you agree to comply with and be bound by all rules, regulations, disclaimers, waivers of liability, and policies as prescribed by the resort from time to time; all reasonable directions, orders and/or instructions imposed by Summer Sands Beach Resort, Mangalore; and all applicable local laws and regulations in Delhi, India during your stay.

For safety, security and housekeeping reasons, Summer Sands Beach Resort, Mangalore reserves the right to enter a guest room at least once a day even if the “Do Not Disturb” sign is on.

Your non-compliance of any of the above will constitute a breach of the Terms and Conditions. In such an event, Summer Sands Beach Resort, reserves the right to take all necessary action, including without limitation the actions set out in “Consequences of Non-Compliance” above, requiring you to leave the Diplomat with no compensation and/or seeking compensation for loss suffered by the Hotel.

Governing Law

All Rules and regulations governed by and construed in accordance the applicable laws in India to you during your stay and that such application cannot be waived or altered by contract.

Dispute Resolution

Any and all disputes, differences, issues or claims of whatsoever nature arising out of or in connection with this Website as well as your availing any services including reservation from Summer Sands Beach Resort, or any provision of the Terms and Conditions (including without limitation any dispute relating to or concerning the interpretation, existence or enforceability hereof) hereinafter referred to as “Dispute”, shall be referred to and finally resolved by binding arbitration, under the Delhi International Arbitration Centre Rules (“DIAC Rules”), which rules are deemed to be incorporated by reference. You and Summer Sands Beach Resort, agree to seek to resolve any Dispute arising out of your usage of this Website as well as your availing any services including reservation from Summer Sands Beach Resort, in accordance with the following escalation procedures before commencing the arbitration procedures described below.

You and Summer Sands Beach Resort, shall work in good faith to try to resolve and/or cure the Dispute within 10 (ten) days from the date that either party first gives notice that a Dispute has occurred. If they fail to reach an agreement on the Dispute within 10 (ten) days of such period, each party shall be entitled to commence the arbitration proceedings in the manner set out below.

The arbitration shall be held in Mangalore by a sole arbitrator appointed under the DIAC Rules. The language of the arbitration shall be English. The governing law of the contract shall be the substantive law of India. The procedural law of the arbitration shall be the Arbitration and Conciliation Act, 1996 as amended. The award of the arbitrator, including the apportionment of the expenses of the arbitration, shall be final and binding upon the parties, and judgment upon the award rendered may be entered in any court having jurisdiction.

Amendment of the Terms and Conditions

The Company may amend the 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. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website.

Miscellaneous

We retain our right to exercise or enforce any right contained in the Terms and Conditions. In the event that we fail to take action, it shall not be deemed as a waiver of our right or prevent us from taking subsequent action in respect of that right or of any other right.

In the event of any provision of the Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

The Terms and Conditions are written in the English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of the Terms and Conditions, the English version shall prevail.

GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mrs. Arathi Rodrigues

Summer Sands Beach Resort, Chota Mangalore, Ullala, Mangalore, 575020

Phone: 91-9480054646

By e-mail: aarthi@summersands.in

If you have any queries or concerns about the Website, please contact us  at email: reception@summersands.in or contact 91-9686696969 for any assistance.