BedandBreakfast.com Gift Card ProgramTerms and Conditions
Last Updated: February 15, 2013
BedandBreakfast.com, Inc. ("B&B.com," “we” or “us”) sponsors a Gift Card Program ("Program") in accordance with these terms and conditions ("Terms"). All Innkeepers who participate in the Program are subject to these Terms. When used in these Terms, the words “innkeeper,” “member,” "you" and "your" refer to you, the Innkeeper and member. Eligible members who participate in this Program are able to resell gift cards or certificates or accept gift cards or certificates.
- This Program is currently available to all B&B.com members in good standing with bed and breakfasts and inns in the United States and Canada We reserve the right to remove a property from the Program at any time in our discretion for any reason.
- The Program currently includes the BedandBreakfast.com Gift Certificates, The BedandBreakfast Card and The Getaway Gift Card™. We reserve the right to change the gift certificates or cards in the Program at any time.
- You will honor Program gift cards or certificates at all times, for full face value, without restrictions, as payment for all "qualifying services" (i.e. lodging, meals, special packages, gift shop items, gratuities, service charges, etc.) that you offer, from any holder of a Program gift card or certificate. In addition to these Terms, you will abide by all terms and conditions of each Program gift card and certificate.
- The cards can be sold only for the amount credited to the card at time of purchase. No service fees are allowed. Cards cannot be advertised or sold at discount rates or reduced prices.
- When accepting gift cards or certificates, you will charge the same prices to Program gift card or certificate holders as your posted and publicly advertised rates and offers and will accept reservations from Program gift card or certificate holders on the same basis as you would from all other guests. Program gift cards or certificates are fully transferable. You are not obligated to accept gift cards or certificates in payment for large group functions, such as weddings. Some gift cards from Costco have restrictions regarding how many cards can be used per stay; for these cards, please refer to the terms and conditions printed on the back of the card, which will explain how many cards can be used per stay. You may not accept the BedandBreakfast.com Online Reservations Gift Card, sold in Costco warehouses. BedandBreakfast.com Online Gift Cards purchased at Costco are only redeemable online at BedandBreakfast.com. Guests should look for properties with the green “Book It” button.
- You will not discriminate in any manner against guests or potential guests holding Program gift cards or certificates. You will provide professional quality services and products to all guests and will comply with all laws and regulations applicable to your business.
- You will review all Program gift cards and certificates presented by guests to confirm that they are authentic and valid based on B&B.com's guidelines by logging in to your Home Base on BedandBreakfast.com or by using the specified page on the B&B.com website. We will pay you 80% of the redeemed amount of the Program gift cards/certificates.
- Payments to Innkeepers with properties in United States: Payments are made either via Direct Deposit, officially known as Electronic Funds Transfer (EFT) to your U.S. bank account within four business days for properties located in the United States. Properties in the U.S. (only) can opt to receive a check within 30 business days; a $10 fee applies. For Program certificates mailed together, one check will be issued and only one fee will apply. Only BedandBreakfast.com members are eligible for the Direct Deposit (EFT) program. Payments to Innkeepers with properties in Canada: Properties located in Canada must provide Canadian or U.S. banking information, and select a payment currency of either Canadian Dollars (CAD) or U.S. Dollars (USD). All payments to Canadian properties will be based on 80% of the USD amount of the gift certificate/gift card redeemed. For properties selecting payment in CAD, the currency conversion rate on payments to you will be determined by Wells Fargo Bank N.A., on the date that the transfer is processed. BedandBreakfast.com is not responsible for any banking fees related to the transfer.
- Customers must wait to redeem Gift Cards 7 days or more after purchase. All BedandBreakfast.com Gift Certificates and Gift Cards are priced in U.S. Dollars. For gift cards/certificates redeemed in Canada, the property accepting them is responsible for calculating the value of the cards/certificates in Canadian Dollars, to apply to customers payments.
- If the total cost of the "qualifying services" you provide to a guest is less than the face value of the Program gift cards/certificates redeemed by the guest, you will either print a receipt for the guest with their transaction number (for tracking purposes) and their new balance, print them a new card or certificate, or give them an authorization number and balance amount for them to record. Where applicable, if the value remaining on the card is less than $10 and the customer requests a refund, you must refund the value remaining on the card.
- You are responsible for all taxes, duties, fees, and assessments arising out of your participation in the Program.
- You may withdraw from the Program at any time upon 7 days written notice to us. If you withdraw from the Program, you may not sign up again for the remainder of your membership year unless we consent in writing at our discretion.
- We may terminate the Program at any time by providing you with 30 days written notice. However, you and B&B.com agree to honor, in accordance with these Terms, any Program gift cards or certificates purchased by guests prior to termination of the Program.
- If you violate any of these Terms or engage in any act that damages the integrity or goodwill of the Program or B&B.com, your participation in the Program and your membership (without refund) can be terminated immediately without prior notice.
- You expressly acknowledge and agree that you are acting as an independent contractor and not as an employee or agent of B&B.com, and that nothing contained in these Terms constitutes a partnership or a joint venture between you and B&B.com. You will have no right or authority to bind or obligate B&B.com in any manner whatsoever and you may not expressly or impliedly incur any liability or obligation on behalf of B&B.com.
- If any provision of these Terms is found to be invalid or unenforceable in any jurisdiction, that provision will not apply to the extent invalid or unenforceable in such jurisdiction, but will not affect the remainder of these Terms. To the extent legally permissible, such deleted provision will be treated as if it were replaced by a valid, enforceable provision that most closely corresponds to the intent of the original provision.
- All issues and disputes regarding these Terms, or the rights and obligations of the parties, will be governed by the substantive laws of the State of Texas without reference to conflicts principles..
- B&B.com reserves the right to change the terms of the Program at any time, for any reason. B&B.com will give a minimum of 7 days notice for any such significant program changes, and participants must notify B&B.com within 7 days if they want to discontinue participation in the Program.
- B&B.com is not liable for lost or stolen gift cards or certificates. BedandBreakfast.com gift cards and certificates are issued by CardFact, Ltd. or an affiliate thereof.
- B&B.com MAKES NO WARRANTY OR REPRESENTATION, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. IN NO EVENT WILL B&B.com BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, EXPENDITURES, LOSS OF GOODWILL) REGARDLESS OF WHETHER B&B.com HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. IF B&B.com's LIMITED WARRANTY OR LIMITATION OF LIABILITY IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT B&B.com's LIABILITY WILL NOT EXCEED THE SUM OF ONE HUNDRED U.S. DOLLAR.