Destination Black Hills : Your Free Reservation System!

Terms of Service

Agreement Between Customer and Destination Black Hills

Welcome to the destinationblackhills.com website (the “Website”). This website is provided only to assist customers in gathering travel information, making legitimate reservations or otherwise transacting business with travel suppliers and for no other purposes. The terms “we”, “us”, “our” and “Destination Black Hills” refer to Destination Black Hills, LLC , a South Dakota corporation. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms and conditions set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

Use of the Website

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a Destination Black Hills account, you will safeguard your account information and will supervise and be completely responsible for the use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel service), 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 arrangements (and related documents) for lodging and activities 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 and 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 and any manual process for and purpose without our express written permission;
violate the restriction in any robot exclusion headers on the 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 or prior written authorization.

Supplier Rules and Restrictions

Separate terms and conditions will apply to your reservation and purchase of lodging and activities that you select. Please read these separate terms and conditions carefully. 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 lodging and activities. 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 such supplier’s rules and restrictions may result in cancellation of your reservation(s), in being denied access to the applicable travel products or services, in your forfeiting any money paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Privacy Policy

Destination Black Hills believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of destinationblackhills.com, to understand our practices.

Pre-paid Hotel Reservations

You acknowledge that Destination Black Hills pre-negotiates certain room rates with lodging suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is provided to us by the supplier. You authorize Destination Black Hills to book reservations for the total reservation price which includes the room rate plus applicable tax recovery charges and/or service fees. You agree that your credit card will be charged by Destination Black Hills for the amount set by the supplier. Upon submitting your reservation request you authorize Destination Black Hills to facilitate lodging reservations on your behalf, including making payment arrangements with suppliers.

You acknowledge that Destination Black Hills does not collect taxes for remittance to applicable taxing authorities. The tax recovery charge on prepaid lodging transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, tourism, etc) that Destination Black Hills pays to the lodging supplier in connection with your reservations. The lodging suppliers remit applicable taxes to the applicable taxing jurisdictions. Destination Black Hills does not act as co-vendors with the suppliers with whom we book or reserve or customer lodging or activity arrangements. Taxability and the appropriate tax rate vary by location. We retain our service fees as compensation in servicing your reservations.

You may cancel or change your prepaid lodging reservation, but you will be charged the cancellation or change fee indicated in the confirmation for your reservation. In addition if you do not cancel or change your reservation before the cancellation policy period applicable to your reservation which varies by lodging supplier, you will be subject to a charge of applicable room rate and tax. (In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights of your reservation, you must confirm the reservation change with Destination Black Hills or its supplier no later than the first night of your reservation to prevent cancellation of your reservation. You must make requests for no-show or early checkouts within 30 day after checkout directly to the lodging supplier who has sole discretion on the refund

You agree to pay any cancellation or change fees that you incur. In limited cases, some lodging establishments do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the lodging reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid lodging reservation.

Liability Disclaimer

The information, software, products and services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Destination Black Hills, a division of Destination Black Hills, LLC (Collectively Destination Black Hills.) and the affiliated and/or linked website partners through whom we provide services do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the lodging , activities and other travel products displayed on this Website (including without limitation, the pricing, photographs, list of hotel amenities, general product & activity descriptions, etc.) Much of the information is provided by the respective suppliers. In addition Destination Black Hills reserves the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. (In such an event, we will offer you the opportunity to keep your pending reservation at the correct price or at your option we will cancel your reservation without penalty.)

Destination Black Hills and their respective suppliers make no representation about the suitability of the information, software, products and services contained o 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 Destination Black Hills. All such information, software, products and services are provided “as is” without warranty of any kind. Destination Black Hills and their respective suppliers disclaim all warranties and conditions that this Website, its servers, or any email sent from Destination Black Hills and/or their respective suppliers are free of viruses or harmful components. Destination Black Hills 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 purpose, title and noninfringement.

The lodging establishments and other suppliers providing services on this Website are independent contractors and not agents or employees of Destination Black Hills. Destination Black Hills 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 damage or expenses resulting therefrom. Destination Black Hills has 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.

In no event shall Destination Black Hills 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 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 obtained 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, or otherwise, and even if Destination Black Hills and their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, Destination Black Hills 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 Destination Black Hills or their respective suppliers will in no event exceed , in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Destination Black Hills and/or their respective suppliers.

Indemnification

You agree to defend and indemnify Destination Black Hills and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claim, 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 breach of this Agreement or the documents referenced herein;
your violation of any law or 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 Destination Black Hills. 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 link 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.