Terms of service

Room Booking Policy

By booking a room, you agree to the policies outlined in our booking engine, pre-check-in software, and website. We encourage you to review the policies below carefully before completing your reservation.

General

The person(s) or party registering is responsible for all charges and/or any damages to room, furnishings, fixtures, or property and agrees to reimburse Casa Oliver Hotel & Resort by the credit card given at check-in and also gives Casa Oliver Hotel & Resort authorization to do so should damage occur.

• Casa Oliver Hotel & Resort is an adult-only, clothing-optional resort designed for gay men’s community.
• Access to the property is strictly for individuals who are 18 years or older. Please ensure you bring a valid ID for age verification.
• Casa Oliver Hotel & Resort is a “No-Contact Hotel”. However, we are on the property 24/7 and available for any and all legitimate immediate needs by calling (760) 323-7505.
• For Medical Emergencies call 911 first and then notify the hotel.
• This property is privately owned and not a public facility.
• The management reserves the right to refuse service to anyone and to have anyone that is not willing to abide by our policies to leave for the comfort of other Guests.
• Casa Oliver Hotel & Resort and Staff assumes no responsibility for accidents or injury to guests, loss of money, jewelry, or valuables of any kind.
• Management will not be responsible for any items or valuables left in a room(s). THERE ARE NO SAFES IN ROOMS. Please keep your valuables in your car.
• Early check-ins and late check-outs are available upon request, subject to availability.

Room capacity

• Guest rooms can accommodate a maximum of 2 people per room except for our Suites (Buddy Rooms), which have two king-sized beds, these rooms can accommodate 4 Guests.

Can I have visitors ?

• Casa Oliver Hotel & Resort stands as one of the few Gay Men Hotels within the Coachella Valley that provides day passes, night passes and weekend passes.
• All visitors, including guests, massage therapists, and other service providers, must register at the front desk with a valid ID and purchase a pass to access the premises.
• Challenging this policy is strictly prohibited and will not be tolerated under any circumstances. Additionally, it may affect your ability to make future reservations.

Guest Services

• Additional towels, bedding, and toiletries are available upon request.

Respect

Because we offer resort passes we can have an unusual large amount of individuals on our property, making it a lot of fun, but also attracting those who may feel that they can get away with more than they can at other hotels; even guests that feel they can be unreasonable in their “demands” – THEY CANNOT. We will eject anyone who is making management or the stay of other guests uncomfortable without hesitation and possibly without refund(s).

Smoking

Smoking in the rooms and the entire property is strictly prohibited. If there is evidence of smoking in the room, a fee of $250 will be charged to the credit card given at the time of check-in.

 

Cancellation & Refund policy

• When you book a reservation at Casa Oliver Hotel & Resort, the cost of the first night, including taxes and fees, will be charged upfront. The remaining balance will be charged on the day of check-in.
• We require at least a 7 day’s notice if you wish to cancel your reservation and avoid being charged the full amount for your stay. Your initial deposit will NOT be refunded. Please do not book reservations that you may not intend to keep. Repeated cancellations or cancellations without reason may affect your ability to make future bookings.
• All reservations require credit card guarantee at time of booking.
• ID and credit card will be verified before your check-in if they don’t match, your reservation will be cancelled without refund of the initial payment.
• If we detect any signs of potential fraudulent activity, your reservation will be immediately canceled, access to the property will be rejected, and the matter will be reported to local authorities.
• Once a credit card has been verified and charged for the room booking, it cannot be modified during your stay for security reasons. However, you are welcome to use different cards for additional services requested during your stay.

Security Deposit

• When you reserve a room at Casa Oliver Hotel & Resort, you agree to a pre-authorization hold on your credit card as a security deposit. This hold, ranging from $200 to $300 USD, will be applied at check-in. This hold will be released after checkout, as long as no damage has been caused to the property, rooms, or common areas. In the event of damage, the cost will be deducted from the security deposit. If the damage exceeds the deposit amount, additional charges will be applied to the card on file in accordance with our terms, either at checkout or afterward.
• To avoid any additional charges, please ensure you take care of your room and shared spaces, leaving them in the same condition as when you arrived.

Terms and conditions are subject to change

• Casa Oliver Hotel & Resort reserves the right to amend its terms and conditions at any time without prior notice. By entering the premises, booking a room, or purchasing a pass, you confirm that you have read and agree to these terms.

Pet Policy and Agreement

Welcome to our Pet Friendly Hotel. By pet, we mean dog. Sorry, no cats, birds, or exotics. For the health, safety, and enjoyment of all of our guests, staff, and owners the following Pet Policy has been established:

• There is a nonrefundable PET FEE per dog weighing 30 lbs. or less, excluding an ADA compliant Service Dog, per stay which will appear as a separate charge on your room receipt. TWO DOG LIMIT. If your dog weighs more than 30 lbs., please contact management at (760) 323-7505 for special consideration.
• At check-in, the guest must declare/register each dog and/or ADA compliant Service Dog by providing full information and signature required on a Pet Policy and Agreement and the Guest is responsible to strictly abide by all policies.
• Dogs must NEVER be left unattended in the room at any time, whether or not the dog is in a kennel crate.
• Dogs must be leashed and under direct restraint at all times outside your room and/or on hotel property.
• Additionally, if your dog’s barking becomes disruptive and leads to multiple complaints from other guests, we may need to request that you arrange alternative accommodations for your pet for the remainder of your stay. Thank you for your understanding and cooperation in ensuring a pleasant experience for all our guests.
• We require each dog and/or ADA compliant Service Dog to wear a collar or harness with current tags attached: identification and contact information, current license, and proof of current rabies vaccination.
• We adhere to the ADA definition of Service Dog. When it is not obvious what service a Service Dog provides, Staff may ask two clarifying questions to determine eligibility 28 CFR 36.302 (c) (6).
• For each undeclared/non-approved dog/pet brought into the hotel, a fee of $250 will be charged to the credit card given at the time of check-in. Unattended dog(s) may be removed from the room or hotel property by Hotel staff and/or animal control without liability on the part of the hotel and the guest will assume any/all cost for such removal.
• We kindly ask our valued guests to clean up after their pets, both in the room and in common areas. Failure to follow these guidelines will result in an additional $250 cleaning fee determined solely by management.
• Daily Housekeeping is required. The dog and/or ADA compliant Service Dog must be removed from the room for housekeeping. Guests may not request an “IN” or “Do Not Disturb” status if they have a dog.
• The Guest is liable for the health, safety, and welfare of their dogs at all times.
• Connecting rooms requested by a Guest with a dog, excluding ADA compliant Service Dog, will be assessed an additional pet fee, per dog, for both rooms.
• Guest agrees and authorizes Casa Oliver Hotel & Resort to assess charges to the credit card on file at registration for any and all damages discovered prior to or after departure, including, but not limited to: pet odor and stains, repair or replacement of hotel property, excessive and/or exceptional cleaning or extermination charges, loss of hotel revenue caused by the dog, including an ADA compliant Service Dog 28 CFR 36.302 (c) (8)

Resort Pass Policies

Before purchasing a pass, we kindly ask you to review our policies outlined below.

Cancellation & refund policy

No refunds, credits or transfers. Prices may vary for special events and holiday weekends.

Non-Refundable and Non-Returnable Items:

• Resort Passes
• Tickets
• Gift cards
• Downloadable software products
• Certain health and personal care items

No in/out privileges

Resort Passes provide single-entry access to the property. If you leave, a new pass will be required for re-entry.

Room Booking & Resort Pass – Legal Disclaimer and Release of Liability

Before booking a room or purchasing a pass, we kindly ask you to review our policies outlined below.

1. Assumption of Risk and Release of Liability

By entering the premises of Casa Oliver Hotel and Resort and The Maze (hereinafter referred to as “the Property”), you, as a guest, visitor, or ticket purchaser, voluntarily assume all risks associated with your presence, participation, and activities on the Property. These risks may include but are not limited to:

• Injury from physical activities, attractions, or equipment;
• Injury caused by other patrons, environmental conditions, or unforeseen events;
• Damage, loss, or theft of personal property.

You expressly agree that Casa Oliver Hotel and Resort, The Maze, its owners, operators, employees, agents, affiliates, and contractors (collectively “the Released Parties”) shall not be held liable for any injury, loss, or damage to persons or personal properties (including vehicles), whether caused by negligence, accident, or otherwise, to the fullest extent permitted by law.

2. Inherent Risk Acknowledgment

Participation in activities, attractions, and experiences at the Property involves inherent risks that cannot be eliminated regardless of the care taken. These risks include but are not limited to:

• Uneven terrain, low lighting, and other environmental hazards,
• Physical challenges presented by attractions and event setups,
• Contact with other guests, employees, or participants in crowded areas,
• Situations beyond the control of the Released Parties, such as acts of nature or equipment failure.

By entering the Property, you acknowledge and accept that these inherent risks exist and that participation in activities is voluntary.

3. Guest Responsibilities

Guests are required to adhere to all posted rules, instructions, and staff directives. Failure to comply may result in immediate removal from the Property without refund or compensation.

4. Search Policy

By entering the Property or purchasing a pass (ticket) for entry, you consent to the following:

• Search of my Person: I consent to the search of my person.
• Search of Possessions: Your bags, lockers, vehicles, and any other property brought onto the premises may be subject to search at any time for any reason.
• Refusal of Search: Refusal to comply with a search request will result in removal from the Property and permanent expulsion without refund.
• Prohibited Items: Any items deemed dangerous, illegal, or in violation of Property policies will be confiscated. Legal authorities may be contacted when necessary.

5. Surveillance and Monitoring

By entering the Property, you acknowledge and consent to the following:

• Video and Audio Surveillance: All areas of the Property, including but not limited to interior and exterior spaces, common areas, parking lots, and event venues, are subject to 24/7 video and audio surveillance for safety, security, and operational purposes.
• Facial Recognition and AI Monitoring: The Property utilizes facial recognition technology and artificial intelligence monitoring systems to enhance security, prevent unauthorized access, and ensure the safety of all guests and staff.
• Data Collection and Use: Data collected through these systems may include video and audio recordings, facial recognition data, and other monitoring outputs. This data may be stored securely and used in accordance with applicable laws for purposes such as security, investigations, and operational improvement.
• Release of Liability: By entering the Property, you release Casa Oliver Hotel & Resort, The Maze, and all associated parties from any claims related to the use, collection, or storage of surveillance data, including but not limited to privacy violations, data breaches, or misidentification.

Refusal to accept these terms will result in denial of entry or removal from the Property.

6. Photography, Videography, and Publicity

By entering the Property, you grant Casa Oliver Hotel & Resort and The Maze the irrevocable right to use your likeness in any photographs, videos, or other recordings taken during your visit for marketing, promotional, or any other lawful purposes without compensation.

7. Force Majeure

The Released Parties shall not be held liable for failure to provide access or services due to events beyond their control, including but not limited to acts of God, pandemics, extreme weather, or other unforeseen circumstances.

8. Indemnification

You agree to indemnify and hold harmless the Released Parties from any claims, lawsuits, or damages resulting from your actions or behavior while on the Property.

9. Governing Law

This agreement shall be governed by and construed in accordance with the laws of The State Of California, County Of Riverside, and any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts therein.

10. Additional terms

• I acknowledge that this resort visitor pass grants me access to all resort grounds and amenities, except for rooms and areas exclusively reserved for hotel guests with bookings.
• I acknowledge that all illegal activities, including the use of prohibited substances, are strictly forbidden and will be reported to law enforcement.
• Food and beverages are not included, except during special events.
• Certain areas of the resort may be temporarily unavailable due to cleaning, maintenance, or private events.
• Outdoor furniture and equipment may not be provided.
• Casa Oliver Hotel & Resort is a clothing-optional destination designed specifically for the gay men’s community. I am comfortable with both nudity and homosexuality.
• Intimate activities are allowed only in private rooms.
• Access to the property is strictly for individuals who are 18 years or older. Please ensure you bring a valid ID for age verification.

This is a privately owned facility, not open to the public. Management reserves the right to deny service to anyone who refuses to comply with our policies, ensuring the comfort and enjoyment of all guests. Anyone who violates these rules will be removed from the property without a refund and will receive a permanent ban from Casa Oliver Hotel & Resort.

By purchasing a resort pass (ticket), making a reservation, or entering the Property, you acknowledge that you have read, understood, and agreed to the terms of this Legal Disclaimer and agreed to the terms of this Legal Disclaimer and Release of Liability.

Casa Oliver Hotel & Resort Wi-Fi Legal Disclaimer and Release of Liability

Welcome to the Casa Oliver Hotel & Resort Wi-Fi network (“Wi-Fi” or “Network”). By accessing or using our Wi-Fi, you (“User”) agree to the terms and conditions outlined below. If you do not agree, please disconnect from the Network immediately.

1. User Responsibilities

Users of the Casa Oliver Hotel & Resort Wi-Fi network are solely responsible for any activity conducted via their connected devices.

You agree to use the Network strictly for legal and appropriate purposes. This includes refraining from activities such as, but not limited to:

• Accessing, sharing, or storing illegal content or copyrighted material without authorization.
• Engaging in fraudulent, harassing, or harmful activities, such as phishing or spreading malware.
• Distributing obscene, defamatory, or otherwise unlawful materials.

Users are responsible for ensuring their devices have proper security measures, including up-to-date antivirus software and firewalls, to mitigate risks of unauthorized access or malware infections.

2. Limitations of Liability

Casa Oliver Hotel & Resort provides this Wi-Fi network as a complimentary service and makes no guarantees regarding its availability, reliability, speed, or security. Service interruptions, data loss, or reduced performance may occur.

The Hotel shall not be liable for any damages, losses, or injuries resulting from your use of the Network, including, but not limited to:

• Unauthorized access to your personal data.
• Malicious attacks such as hacking, phishing, or malware infections.
• Loss or corruption of data during your use of the Network.

The Hotel disclaims all liability for any action or conduct by third-party internet service providers or unauthorized entities that may occur while you are connected to the Network.

3. Privacy and Security

Casa Oliver Hotel & Resort does not actively monitor or store the content of your online activities; however, connectivity logs (such as device IP/MAC addresses, session durations, and other metadata) may be collected to ensure network stability and appropriate usage in accordance with California laws.

While the Wi-Fi employs encryption and other security measures where possible, it is not immune to security vulnerabilities. Users should avoid transmitting sensitive personal, financial, or proprietary information over the Network.

Users explicitly agree that they are using the Network at their own risk and acknowledge potential security risks, including data breaches or unauthorized access to connected devices.

4. Appropriate Use of the Network

Casa Oliver Hotel & Resort reserves the right to monitor, restrict, or terminate connections found engaging in prohibited or disruptive activities, including excessive bandwidth use or interference with other users access to the Network.

Unauthorized attempts to access or breach the security of the Network or other connected devices are strictly prohibited and may result in the restriction of Network access, immediate eviction from the property, and/or notification to law enforcement authorities.

5. Indemnification

By using the Wi-Fi, you agree to indemnify and hold harmless Casa Oliver Hotel & Resort, its employees, and affiliates from any claims, damages, or liabilities arising out of your use or misuse of the Network.

6. Children and Minors

Parents or guardians are responsible for supervising the online activities of minors under their care while connected to the Network.

7. Amendments to Disclaimer

Casa Oliver Hotel & Resort may update this disclaimer from time to time to reflect changes in laws, technology, or business practices. Updates will become effective immediately upon posting.

8. Applicable Law

This disclaimer is governed by the laws of the State of California. Any legal disputes arising from the use of the Wi-Fi shall be resolved exclusively in a court of competent jurisdiction within California.

For technical assistance or questions regarding this Wi-Fi service, please contact the front desk.

By connecting to the Casa Oliver Hotel & Resort Wi-Fi, you acknowledge and accept the above terms and conditions.

Return and Exchange Policy

We accept returns exclusively for defective products. Exchanges are available only if the product is returned in its original condition, complete with the initial packaging. Please note that all shipping and handling fees associated with returns or exchanges must be covered by the customer.

Additionally, tickets and resort passes are non-exchangeable and non-transferable under any circumstances.

Thank you for your understanding and cooperation.

Share & Earn Program – Terms of Service

(Effective from 24th of January, 2025)

BY SIGNING UP WITH THE CASA OLIVER HOTEL & RESORT (“www.casaoliverhotel.com”, “casa oliver”, “we”, “us” and “our”) SHARE & EARN PROGRAM (“Program”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“Agreement”). YOU HEREBY AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL THE CLAUSES OF THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN. The terms of the Agreement form the entire contract between the parties in relation to its subject matter.

YOU (“You”, “Affiliate”, or “Affiliates”) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, AND THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.

This is a legal agreement between you (either an individual or a legal entity), and Casa Oliver Hotel & Resort (a M Palm Springs LLC brand) and its authorized service provider(s), distributor(s), promoter(s), and reseller(s). This Agreement outlines the rules and regulations of the Program.

By clicking the button “Sign up” during registration on our Platform, you represent that you are over 18 years old and agree to the terms of our Privacy and Cookies Policy and this Agreement. If you are acting on behalf of a company when accepting this Agreement and the Privacy and Cookies Policy, you also hereby declare to be authorized to perform such legal actions on behalf of that company (herein the term “you” shall mean the relevant company).

Casa Oliver Hotel & Resort reserves the right to approve or reject any Program application at its sole and absolute discretion. Acceptance of your application to the Program is at Casa Oliver Hotel & Resort’s sole discretion and neither Casa Oliver Hotel & Resort nor its authorized representatives shall hold any liability to you in the event that your application is rejected.

TERMS AND CONDITIONS OF THE ACCOUNT

1. You must provide your legal full name, a valid email address, and any additional information requested in order to complete the signup process.

2. You are responsible for maintaining the security of your account and password. Casa Oliver & Resort cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. You are responsible for all content posted and activity that occurs under your account.

4. Each legal entity may control no more than one Program account unless expressly authorized.

5. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Affiliate account or Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

6. You may not use the Program to gain a discount on Casa Oliver Hotel & Resort products for your own use or that of any affiliate or company in the same group or with common ownership of any kind. All sales must be to entities on an arm’s length basis only. Failure to comply with this condition will make any affected sales Commission repayable with immediate effect.

7. Paid Ads Policy:

You may not:

• use your affiliate link in any paid media. This includes advertisements such as search engine ads, Facebook or Instagram ads, or anything similar that would compete or otherwise cannibalize Casa Oliver Hotel & Resort’s marketing and cause confusion for potential customers.
• bid in your pay-per-click campaigns on keywords such as casaoliverhotel.com, casa oliver hotel & resort, Casa Oliver Hotel & Resort coupons, Casa Oliver Hotel & Resort discounts, www.casaoliverhotel, www.casaoliverhotel.com, and/or any misspellings or similar alterations of these, be it separately or in combination with any other keywords. In order to use any Casa Oliver Hotel & Resort related keywords through paid advertising you need prior approval from one of Casa Oliver Hotel & Resort’s affiliate managers and direct the traffic from such campaigns to your own website prior to redirecting it to our website.
• use “doorway pages” in such instances or overall as part of Casa Oliver Hotel & Resort promotional activities is also strictly prohibited.
• transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Casa Oliver Hotel & Resort Website (i.e., no page from our site or any Casa Oliver Hotel & Resort content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that:(a) through accidental or direct intent causes the overwriting of Affiliate and non-Affiliate Commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
  (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, Commission tracking cookies to be put in place or other Commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Hotbot);
  (c) set Commission tracking cookies through loading of the Casa Oliver Hotel & Resort site in IFrames, hidden links and automatic pop ups that open Casa Oliver Hotel & Resort’s website;
  (d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
  (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application; or
  (f) any other use that may be regarded as fraudulent according to common online marketing practice according to generally accepted industry specific code of conducts and guidelines (such as of IAB Europe).

You may:

Review Casa Oliver Hotel & Resort on your Blog and YouTube channel, add banners and share your link with your clients and social media followers PROVIDED THAT you comply at all times with the terms and conditions of any third party sites which you use for affiliate marketing.

• Abuse, gaming, and policy violations will result in having your account banned and any existing and future Commissions forfeited.
• If you have any questions about campaigns and promotions please contact us at [email protected].

If you contravene any part of this section, you will be considered to be in material breach of the Agreement which will allow us to terminate the agreement and claim damages.

8. Compliance with Laws & Industry-specific guidelines

As a condition to your participation in the Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements as well as industry specific code of conducts and guidelines (such as of IAB Europe). (collectively, “Laws”) of any governmental authority that has jurisdiction over you, whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the Program, including, without limitation, during the application process. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable federal, state or other Laws that govern marketing email, including without limitation, the e-Privacy Directive, the CAN-SPAM Act of 2003 and all other anti-spam laws.

9. Commissions and payment

Affiliates earn a commission when a customer purchases Casa Oliver Hotel & Resort’s products or services using your unique affiliate link, provided the transaction is legitimate, completed on an arm’s length basis, and not canceled within 30 days of purchase, as outlined in Casa Oliver Hotel & Resort’s Terms of Service. The commission rate, along with any additional rewards, will be communicated to you by Casa Oliver Hotel & Resort either in writing or through the Affiliate Dashboard.

Affiliate commissions are approved if they are considered valid in the month after the sale. Commissions are due 30 days after they are generated. Commissions are paid out as long as there are no issues with any of the customers that the Affiliate has referred. If there is any issue, we have the right to withhold the payment, run an investigation, and release the payment once we are satisfied with the investigation.

In case of a refund, the Commission will not be payable, and if already paid, it will be adjusted from the next payout. If there is no next payout within the next 30 days, then the Affiliate will be liable to pay back the Commission immediately. Failure to make payment of a Commission paid out in error will entitle us to terminate this Agreement and claim for damages. Casa Oliver Hotel & Resort also reserves the right to charge interest on owed payments to the maximum amount allowable by applicable law and engage debt collection agencies to retrieve such monies, the cost of which will be charged to you in addition to the debt and any accrued interest.

Our standard Payout method is Paypal. The minimum payout of Commission is $100 (Hundred US Dollars) via Paypal. If payout for large amount of commissions (over 1000 USD) is preferred via ACH / wire, please contact our team at [email protected] to discuss the options.

Affiliate commission payouts for subscription products and services are made for each sale generated within a 12-month period, as long as the referral remains a Casa Oliver Hotel & Resort customer. This policy applies to all purchases made through the Casa Oliver Hotel & Resort website.

We reserve the right to remove abandoned Affiliate accounts from our system and terminate this Agreement with immediate effect if your balance is equal to or less than the minimum payout threshold, after a 6 month period of inactivity. In this case any accumulated Commissions below the minimum payout threshold will be forfeited. Abandoned Affiliate accounts are defined as any Affiliate account whose Affiliate dashboard has not been logged into for a period of 6 months and/or has no transactions posted during a period of six months.

Where you refer a customer who is a prior client of Casa Oliver Hotel & Resort, the payout of Commission will be subject to manual review and approval by us in our sole discretion.

We do not work with Coupon / Rebate site(s) as our affiliates.

We reserve the right to withhold payments to any suspicious Affiliate, request KYC details and/or run through due diligence to ensure the Affiliate’s traffic & methods are safe for the Casa Oliver Hotel & Resort brand.

For the avoidance of doubt, Self-referrals will not count as a qualified “referral” and therefore will not be eligible for Commission.

Any kind of tax payable by the Affiliate on Commission is the responsibility of the Affiliate and we will not gross up any Commission in any circumstances.

In some cases, we may give credit to an Affiliate even if the customer didn’t sign up through their link. If you have a case like that, contact our team at [email protected], with the details of your referral and we will assess your case.

We reserve the right to set off any amounts owing to us against Commission payments in cases where Commission payments have either been made erroneously or due to a misrepresentation by you. We reserve the right to counterclaim in all such circumstances.

10. Affiliate Responsibilities

Approved Affiliates will be solely responsible for the development, operation, and maintenance of their site in connection with the Program and for all materials that appear on such site. By way of example, but not limited to, you will be solely responsible for:

• The technical operation of your site and all related equipment;
• Ensuring the display of links to Casa Oliver Hotel & Resort products and services on your site do not violate any agreement between you and any third party (including, without limitation, any restrictions or requirements placed on you by a third party that hosts your site);
• The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all service-related materials and any information you include within or associate with links to Casa Oliver Hotel & Resort);
• Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
• Ensuring that materials posted on your site are not libelous or otherwise illegal; and
• Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

11. Termination

Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

• Inappropriate advertisements, including, without limitation, false claim(s), misleading hyperlinks, brand bidding (PPC), and the like; Spamming (mass email, mass newsgroup posting, etc.);
• Advertising on sites containing or promoting illegal activities;
• Failure to abide by the Federal Trade Commission guidelines and regulations, or any applicable Laws;
• Violation of the Casa Oliver Hotel & Resort Brand, or any Casa Oliver Hotel & Resort intellectual property rights, including, without limitation, copyright or trademark, or any abuse or misuse of our intellectual property rights;
• Manipulating or influencing any customer with wrong ideas to earn the Affiliate Commission;
• Repetitive self-referrals, fraudulent transactions, or suspected Affiliate fraud; or
• If the Casa Oliver Hotel & Resort team or Affiliate manager team does not feel comfortable in their sole and absolute discretion about its brand value with the Affiliate’s promotional method(s).

We, in our sole and absolute discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Program or any other Casa Oliver Hotel & Resort service for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate account and/or denial of access to your account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in your account earned or suspected to be earned through fraudulent or illegal sales or marketing methods, or overly aggressive, questionable sales or marketing methods, as determined by Casa Oliver Hotel & Resort in its sole and absolute discretion. Casa Oliver Hotel & Resort reserves the right to refuse service to anyone for any reason at any time.

In addition to the foregoing, Casa Oliver Hotel & Resort reserves the right to terminate any Affiliate account at any time without disclosing the reason.

12. Right of Audit

Casa Oliver Hotel & Resort or its designees will have the right at all reasonable times to review, audit, examine, and copy the books and records of the Affiliate. If an audit should reveal that genuine referrals have been misrepresented in any report to Casa Oliver Hotel & Resort, then the Affiliate will immediately pay to Casa Oliver Hotel & Resort the amount overpaid upon demand with interest at the highest rate permitted by applicable Laws. If an audit discloses an overpayment in any report of 3% or more as a result of any Affiliate misrepresentation, the Affiliate must, in addition, reimburse Casa Oliver Hotel & Resort for all costs and expenses connected with the audit (including, without limitation, reasonable accounting and attorneys’ fees and costs). These remedies are in addition to any other remedies Casa Oliver Hotel & Resort may have at law or in equity.

13. Identifying Yourself as a Casa Oliver Hotel & Resort Affiliate

You may post or advertise your participation in the Program. However, you may not in any manner misrepresent or embellish the relationship between you and Casa Oliver Hotel & Resort, including, without limitation, expressing or implying that you develop the service Casa Oliver Hotel & Resort provides, expressing or implying you are part of Casa Oliver Hotel & Resort in any way, or expressing or imply any relationship or affiliation between you and Casa Oliver Hotel & Resort except as expressly permitted by this Agreement (including, without limitation, by expressing or implying that Casa Oliver Hotel & Resort supports, sponsors, endorses, or contributes money to any charity or other cause).

14. Uses of Promotional Links and Materials

After signing up for the Program and approval of your application by us, you will be assigned a unique Affiliate code (“Code”). You are permitted to place links, banners, or other graphics provided with your Code on your site, in your emails, or in other communications. Subject to the terms of this Agreement, Casa Oliver Hotel & Resort grants Affiliates a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the graphics and text links provided by us both on its website and within email messages or social media for the duration of the term of this Agreement only.

Affiliates may use the graphics and text provided by or on behalf of Casa Oliver Hotel & Resort, or may create their own as long as they are in line with the terms of this Agreement, the Casa Oliver Hotel & Resort branding guidelines if provided to the Affiliate by Casa Oliver Hotel & Resort from time to time, and are not otherwise deemed inappropriate by Casa Oliver Hotel & Resort in its sole and absolute discretion.

15. Customer Definition

Customers who receive products and services through this Program will be deemed to be Casa Oliver Hotel & Resort customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Package prices and availability may vary from time to time.

16. Relationship Of Parties

You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Casa Oliver Hotel & Resort. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement, including, without limitation, the relationship between you and Casa Oliver Hotel & Resort.

17. Liability

Casa Oliver Hotel & Resort uses affiliate tracking software and will not be liable for indirect or accidental damages (loss of revenue, Commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s) and/or to the affiliate tracking software/marketplace’s website(s).

In addition, we will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to you under the terms of this Agreement in the 6-month period prior to the event giving rise to such claim.

18. Term of The Agreement

The term of this Agreement will be effective immediately upon your acceptance in the Program and will end when your Affiliate account is terminated.

The Agreement may be modified by Casa Oliver Hotel & Resort at any time. Your continuing participation in the Program will constitute your acceptance of any change.

19. Electronic Execution Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Casa Oliver Hotel & Resort Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Program application process. This action creates an electronic signature and binds you under a legal agreement.

20. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21. Dispute Resolution

Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall first be referred to Casa Oliver Hotel & Resort senior management and senior Affiliate representative for discussion and resolution. If a resolution has not been reached in 10 business days, either party shall have the right to submit the dispute to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

22. Miscellaneous

This Agreement will be governed by the laws of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

The failure of Casa Oliver Hotel & Resort to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes the entire agreement between you and Casa Oliver Hotel & Resort, superseding any prior agreements between you and Casa Oliver Hotel & Resort (including, but not limited to, any prior versions of this Agreement or any other Terms and Conditions).

We reserve the legal right to update and change the terms and conditions of this Agreement from time to time without any prior notice provided that such change does not materially affect your benefits under the Agreement. We may make amendments to the Agreement which do materially adversely affect your benefits under the Program on giving you thirty 30 days’ notice (“Amendment Notice Period”) in advance prior to its effectiveness by displaying the notification in your Affiliate dashboard. Should you disagree with such an amendment, you may terminate this Agreement within the Amendment Notice Period, effective on its expiry by informing us in writing. In the event that you terminate the Agreement, only unpaid Commission above the minimum threshold outlined in Section 9 shall be paid out in such circumstances and only if you are not in breach of this Agreement. Not be entitled to a refund of any Subscription Fees already paid but you shall be released from any further liability to pay such Subscription Fees from the expiry of the Amendment Notice Period. Should you fail to terminate before the expiry of the Amendment Notice Period, you shall be deemed to accept such amendment which shall forthwith be incorporated into the terms of this Agreement.