A $75.00 cancellation charge will apply to ALL CANCELLATIONS.
A one-time suite modification can be made at no charge if completed two weeks prior to your arrival date.
Refunds minus fee will be given if cancelled by 12:00 (noon) 2 weeks prior to arrival date. If cancelled or modified after these deadlines the entire amount paid is forfeited. All reservations require the balance to be paid by 12:00 (noon) Two (2) Weeks prior to date of arrival. If unpaid no late arrival packet can be left with a balance due on your folio.
Failure to keep a reservation (No Show) will be charged the entire payment with remaining days cancelled. Refunds are not given for early departure due to weather, being asked to leave for failure to comply with the rules and regulations, illness, emergencies, or change of plans.
Last Revised on Saturday, June 06, 2015
AGREEMENT BETWEEN CUSTOMER AND AB Sea Sales & Rentals, INC.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use this Website to make legitimate and binding reservations and agree to all policies, for you or for another person for whom you are legally authorized to act;
- all information supplied by you on this Website is true, accurate, current and complete; and
- If you have an AB Sea Resorts account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
AB Sea Sales & Rentals, Inc. is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “AB Sea Sales & Rentals, Inc.: Arbitration Claim Manager,” at AB Sea Sales & Rentals, Inc., 10811 Termini San Luis Pass Rd, Galveston Island, TX 77554. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings to resolve Claims 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 in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, AB Sea Sales & Rentals, Inc. may cancel any travel or service reservations associated with your name, email address or account, and close any associated AB Sea Resorts accounts. If you have conducted any fraudulent activity, AB Sea Sales & Rentals, Inc. reserves the right to take any necessary legal action and you may be liable for monetary losses to AB Sea Sales & Rentals, Inc., including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Ab Sea Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Some accommodation suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by AB Sea Sales & Rentals, Inc. for your hotel booking.
AB Sea Sales & Rentals, Inc. is not liable for any costs incurred due to relocation.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that AB Sea Sales & Rentals, Inc. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same property, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
You authorize AB Sea Sales & Rentals, Inc. to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on AB Sea Sales & Rental, Inc. services. You agree that your credit card will be charged by AB Sea Sales & Rentals, Inc. for the total reservation price. Upon submitting your reservation request you authorize AB Sea Sales & Rentals, Inc., to facilitate reservations on your behalf, including making payment arrangements with accommodation suppliers.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation. If you do not cancel or change your reservation before the cancellation/change policy period applicable to the property you reserved, which varies by property prior to your date of arrival, you will be subject to a charge not limited to applicable cancel/change fees, nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation all remaining room nights are cancelled and no refund is given.
You may not book reservations for more than 5 rooms online for the same stay dates. If we determine that you have booked reservations for more than 5 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 6 or more rooms, you must contact AB Sea Sales & Rentals, Inc. group travel specialists by phone at (409) 740-1245 or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, AB Sea Sales & Rentals, Inc. and Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the Property, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of property amenities, general product descriptions, etc.). In addition, AB Sea Sales & Rentals, Inc. expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Property ratings displayed on this Website are intended as only general guidelines, and AB Sea Sales & Rentals, Inc. and Affiliates do not guarantee the accuracy of the ratings. AB Sea Sales & Rentals, Inc. and their respective suppliers make no guarantees about the availability of specific products and services. AB Sea Sales & Rentals, Inc. and their respective suppliers may make improvements and/or changes on the Website at any time.
AB Sea Sales & Rentals, Inc. and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the AB Sea Sales & Rentals, Inc. or Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. AB Sea Sales & Rentals, Inc., their affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from AB Sea Sales & Rentals, Inc., their Affiliates and/or their respective suppliers are free of viruses or other harmful components. AB Sea Sales & Rentals, Inc., their Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, Properties and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of AB Sea Sales & Rentals, Inc., or their Affiliates. AB Sea Sales & Rentals, Inc. and their Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. AB Sea Sales & Rentals, Inc. and Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall AB Sea Sales & Rental, Inc., their Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if AB Sea Sales & Rentals, Inc., their Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, AB Sea Sales & Rentals, Inc., their Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of AB Sea Sales & Rentals, Inc., their Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to AB Sea Sales & Rental, Inc. in connection with such transaction(s) on this Website, or (b) Fifty Dollars (US$50.00) or the equivalent in local currency.
You agree to defend and indemnify AB Sea Sales & Rentals, Inc., their Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- Your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than AB Sea Sales & Rentals, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by AB Sea Sales & Rentals, Inc., Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since AB Sea Sales & Rentals, Inc. may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2014 AB Sea Sales & Rentals, Inc. All rights reserved. .AB Sea Sales & Rentals, Inc., absearesorts.com, Seascape logo, Maravilla Logo, The Dawn Logo, The Victorian Logo, By The Sea logo, Lighthouse View logo, Islander East logo, the AB Sea Resorts logo, the AB Sea Sales & Rentals logo, registered trademarks or trademarks of AB Sea Sales & Rentals, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. AB Sea Sales & Rentals, Inc. is not responsible for content on websites operated by parties other than AB Sea Sales & Rentals, Inc.
If you are aware of an infringement of our brand, please let us know by emailing us at firstname.lastname@example.org.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, AB Sea Sales & Rentals, Inc., has adopted a policy of terminating, in appropriate circumstances and at AB Sea’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. AB Sea Sales & Rentals, Inc., may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com, by fax to (409) 740-2711, Attn: IP/Trademark Legal Dept., DMCA Complaints.
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
- Identification of the specific content that was removed or disabled and the location that content appeared on AB Sea Sales & Rentals, Inc., Website. Please provide the URL address if possible.
- Your name, mailing address, telephone number and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which AB Sea Sales & Rentals, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper.
Send the written communication to the following address:
AB Sea Sales & Rentals, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
10811 Termini San Luis Pass Rd
Galveston Island, TX 77554
OR you may fax it to: (409) 740-1245, Attn: IP/Trademark Legal Dept., DMCA Complaints.
You agree that no joint venture, partnership, or employment relationship exists between you and AB Sea Sales & Rentals, Inc. as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AB Sea Sales & Rentals, Inc. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Seller of Travel: AB Sea Sales & Rentals, Inc. is a registered seller of travel in each of the states listed below:
State ID 1-76-0272110-6
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Guest Services
AB Sea Sales & Rentals, Inc.
10811 Termini San Luis Pass Rd
Galveston Island, TX 77554