CREWFARE® LAUNCHPAD™ PLATFORM
HOTEL TERMS OF USE
1. ABOUT THESE HOTEL TERMS
These Hotel Terms set forth the terms and conditions regarding Hotel’s use of the Crewfare Platforms. These Hotel Terms are in addition to the Crewfare Hotel Agreement, which is incorporated herein by reference (the “Agreement”), if Crewfare and Hotel have also entered into that Agreement. In the event of any conflict between these Hotel Terms and the terms of the Agreement, the terms of the Agreement shall be controlling. Where Hotel and Crewfare have entered into a separate written agreement governing a specific Crewfare product or a specific event, that agreement controls as to the subject matter it addresses, and these Hotel Terms govern all other aspects of Hotel’s access to and use of the Crewfare Platforms.2. GRANT OF LICENSE
Crewfare grants Hotel a non-exclusive, limited, revocable, non-transferable, non-sublicensable, royalty-free license to use the Crewfare Platforms pursuant to the terms and conditions herein.3. SERVICES
- 3.1 Subject to the terms and conditions herein, Crewfare will make available to Hotel and its Authorized Users (as defined below) the Crewfare Platforms. Hotel will be able to provide quotes to prospective event holders and others seeking to reserve blocks of accommodations (each a “Group,” collectively, “Groups”), to receive requests for proposals from Groups, and to negotiate and contract directly with Groups. Hotel may choose to use the Master Hotel Agreement template within the LAUNCHPAD Platform to modify for its own purposes or can choose to use an alternate agreement to upload into the LAUNCHPAD Platform. If Hotel chooses to use the Master Hotel Agreement template, Hotel acknowledges and agrees that Crewfare is not providing any legal advice, and that Hotel should consult its own counsel. If Hotel chooses to execute an agreement through the LAUNCHPAD Platform, Hotel acknowledges that electronic signature methods may be used and agrees to the use of such methods. Depending on the level of subscription a Group has to the LAUNCHPAD Platform, Crewfare may be the travel agent of record, in which case, it will receive the commission from Hotel pursuant to its Agreement with Hotel.
- 3.2 As part of providing the Crewfare Platforms, Crewfare will be responsible for: (i) hosting, operating, and maintaining the Crewfare Platforms; (ii) making available and implementing upgrades and enhancements; and (iii) providing customary technical support. Crewfare is not responsible or liable for any information provided by any Groups or by the Hotel in the Crewfare Platforms, including but not limited to, room rates, room guarantees, and any contractual terms.
- 3.3 Digital Rooming List.
- (a) Description. The Crewfare Platforms include a Digital Rooming List feature (the “DRL”) through which rooming lists, reservation records, guest information, and payment method information are transmitted to Hotel, and through which Hotel may review such records, submit changes and cancellations for the Submitting Party’s review, issue and update confirmation numbers, and receive notice of the Submitting Party’s approval or rejection of Hotel-submitted changes.
- (b) Submitting Party. “Submitting Party” means the party that transmits a rooming list or reservation record to Hotel through the DRL, which may be (i) Crewfare, acting on its own behalf or as travel agency of record; (ii) a Group; or (iii) a third party authorized by a Group to act on the Group’s behalf.
- (c) Hotel obligations. Hotel shall review and act upon DRL notifications promptly and in accordance with any cut-off, release, or attrition dates set forth in Hotel’s agreement with the applicable Group or Crewfare. Hotel shall enter each reservation into its own property management system and remains solely responsible for honoring each reservation. Where Hotel does not act on a DRL notification promptly, Crewfare shall have the right to intervene to ensure Hotel fulfills the reservations and issues confirmation numbers, and Hotel agrees to work with Crewfare expeditiously to resolve any fulfillment issues.
- (d) Accuracy of Hotel submissions. Hotel represents and warrants that all information it submits through the DRL — including confirmation numbers, room assignments, reservation changes, and cancellations — is accurate and authorized by Hotel. Hotel acknowledges that such information is transmitted to and displayed to the Submitting Party, the applicable Group, and in certain products the individual guest, and grants Crewfare a non-exclusive, royalty-free license to transmit, store, display, and disclose such information for those purposes.
- (e) Status is not a contract term. Statuses displayed within the DRL — including “Confirmed,” “Pending Change,” “Pending Cancellation,” and “Finalized” — reflect the state of records within the Crewfare Platforms only. They do not modify, supersede, or waive any term of Hotel’s agreement with the applicable Group or with Crewfare, and do not constitute a waiver of any cut-off date, attrition provision, or cancellation deadline.
- (f) Crewfare’s role. Where Crewfare is not the Submitting Party, Crewfare’s role in the DRL is limited to transmitting, displaying, and recording information submitted by the Submitting Party and by Hotel; Crewfare is not a party to any reservation or accommodation contract arising through the DRL and makes no representation as to the accuracy or completeness of Submitting Party information. Where Crewfare is the Submitting Party, Crewfare’s obligations with respect to the underlying reservation are governed by the Crewfare Hotel Agreement and the terms applicable to the product through which the reservation was made, and nothing in this Section limits those obligations.
- (g) Merchant of record. Except where Crewfare is expressly identified as the merchant of record for a given booking under a separate written agreement or in the reservation record itself, Crewfare is not the merchant of record for reservations transmitted through the DRL and has no responsibility for the authorization, capture, settlement, chargeback, or refund of any charge made by Hotel.
- (h) Coordinator notes. The DRL may display free-text notes submitted by a Submitting Party. Crewfare does not review, verify, or moderate such notes, and the Submitting Party is solely responsible for their content.
- 3.4 Sections 3.4 through 3.6 apply solely with respect to Groups that Hotel first became aware of through the LAUNCHPAD Platform. Hotel acknowledges and agrees that Crewfare, through the LAUNCHPAD Platform, serves as the introducing party and/or travel agency of record for any Requests for Proposal (“RFPs”) or Group opportunities generated through the LAUNCHPAD Platform. Hotel shall not, directly or indirectly, circumvent the LAUNCHPAD Platform by contracting with, soliciting, or accepting business from any Group that Hotel first became aware of through the LAUNCHPAD Platform, except through the LAUNCHPAD Platform.
- 3.5 In the event that Hotel enters into an agreement, booking, or other arrangement with a Group that originated through the LAUNCHPAD Platform, regardless of whether such agreement or booking is finalized on or off the Platform, Hotel shall pay Crewfare the applicable commission set forth in the Agreement. Such obligation survives any termination of these Hotel Terms and applies to all bookings and renewals with the Group for a period of 24 months from the date of introduction via the Platform. In no event shall the commission payable to Crewfare be less than seven percent (7%) of the total contracted room revenue (excluding taxes and fees) for any booking, agreement, or arrangement that originates from the LAUNCHPAD Platform.
- 3.6 Hotel acknowledges that breach of Sections 3.4 and 3.5 will cause Crewfare immediate and irreparable harm. In addition to any other remedies available at law or in equity, Crewfare shall be entitled to recover from Hotel (i) the full amount of commission that would have been payable had the booking been processed through the Platform, and (ii) any reasonable costs of enforcement, including attorneys’ fees.
4. RESERVATION OF RIGHTS
Except for the limited right and license to use the Crewfare Platforms pursuant to these Hotel Terms, nothing in these Hotel Terms or in the Agreement grants to Hotel or any third party any intellectual property rights or other right, title, or interest in or to the Crewfare IP (as defined below).5. RESTRICTIONS
Hotel shall not, and shall not permit any Authorized Users to: (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Crewfare Platforms by any means whatsoever, or replicate the functionality of the Crewfare Platforms for any purpose; (ii) license or share the Crewfare Platforms with any third party; (iii) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Crewfare Platforms, provided that this clause does not restrict Hotel from exporting or downloading reservation and rooming list records for its own properties through functionality Crewfare makes available for that purpose; (iv) remove, circumvent, disable, damage or otherwise interfere with security features of the Crewfare Platforms; (v) link to or mirror any portion of the Crewfare Platforms; (vi) develop or use any applications that may interact with the Crewfare Platforms other than those applications expressly provided by Crewfare within the Crewfare Platforms; (vii) send or distribute any unsolicited or bulk commercial electronic communications or any offensive content; or (viii) unduly burden or interfere with the functionality of the Crewfare Platforms.6. INTELLECTUAL PROPERTY
Except as expressly licensed in these Hotel Terms, Crewfare retains all right, title and interest in and to all intellectual property regarding the Crewfare Platforms, including without limitation, all copyrights, trademarks, designs, trade secrets, patent rights, proprietary information, data, software code, algorithms, user interfaces, and technology owned or developed by or for Crewfare and any and all upgrades, enhancements, modifications or derivative works of any of the foregoing, including the results and insights, in de-identified and aggregated form, that may be derived from Hotel’s use of the Crewfare Platforms (excluding, for the avoidance of doubt, Rooming List Data and Payment Method Data in identifiable form) (collectively, the “Crewfare IP”). Hotel shall not remove any copyright notices or other proprietary notices from the Crewfare Platforms. The Crewfare IP excludes Hotel Content and Rooming List Data.7. ACCOUNT
- 7.1 In order to continue access to the Crewfare Platforms, Hotel will need to create an account (“Account”). Hotel shall be prompted to create the Account upon accessing the Crewfare Platforms for the first time. It is Hotel’s responsibility to maintain accurate information in its Account. Any personal information provided within the Account shall be treated in accordance with Crewfare’s privacy policy, as applicable to its business partners, available at https://crewfare.com/privacy.
- 7.2 Each user of the Crewfare Platforms from Hotel (each an “Authorized User,” collectively, “Authorized Users”) will be prompted to create a username and password to access the Crewfare Platforms.
8. ACCESS
- 8.1 Hotel is responsible and liable for all uses of the Crewfare Platforms resulting from its or any of its Authorized Users’ access to the Crewfare Platforms, whether such access or use is permitted by or in violation of these Hotel Terms. Without limiting the generality of the foregoing, Hotel is responsible for all acts and omissions of its Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Hotel Terms if taken by Hotel will be deemed a breach of these Hotel Terms by Hotel. Hotel shall use reasonable efforts to make all Authorized Users aware of the provisions in these Hotel Terms and shall cause Authorized Users to comply with such provisions.
- 8.2 Hotel shall take all commercially reasonable steps to prevent the unauthorized use and disclosure of any usernames and passwords or any unauthorized use of its Account. Hotel shall immediately, upon discovery, notify Crewfare of any unauthorized disclosure or use of any passwords or usernames or any unauthorized access to its Account and take any steps within its control to prevent any further unauthorized disclosure or use.
- 8.3 Hotel shall promptly deactivate or request deactivation of accounts for personnel who no longer require access, and acknowledges that failure to do so may result in unauthorized access to guest information and payment method information.
9. HOTEL INFORMATION
“Hotel Content” means all information, descriptions, images, rates, inventory data, availability data, policies, and other content submitted by or on behalf of Hotel to the Crewfare Platforms, or published by Crewfare about Hotel on the Crewfare Platforms. By creating an Account to use the Crewfare Platforms, Hotel acknowledges and agrees that Crewfare will list the Hotel on the Crewfare Platforms. Unless Hotel notifies Crewfare in writing otherwise, by continuing to use the Crewfare Platforms, Hotel approves of and agrees with the content that Crewfare publishes about the Hotel on the Crewfare Platforms.9A. ROOMING LIST AND GUEST DATA
- 9A.1 Definition. “Rooming List Data” means all information transmitted to Hotel through the DRL relating to a reservation or prospective reservation, including guest names, roommate assignments, arrival and departure dates, room type, nights, special requests, additional information fields, and guest contact information. As between Hotel and Crewfare, Rooming List Data is the property of the Submitting Party or the applicable Group.
- 9A.2 Permitted use. Hotel shall use Rooming List Data solely to evaluate, enter, fulfill, and service the applicable reservations and to comply with its legal obligations. Hotel shall not use Rooming List Data for marketing or promotional purposes, shall not sell, rent, or license it, and shall not disclose it to any third party other than its own personnel and service providers with a legitimate need to know who are bound by confidentiality obligations no less protective than these Hotel Terms.
- 9A.3 Security. Hotel shall maintain administrative, physical, and technical safeguards designed to protect Rooming List Data against unauthorized access, use, disclosure, alteration, or destruction, appropriate to the nature of the data and consistent with generally accepted industry practice.
- 9A.4 Incident notification. Hotel shall notify Crewfare and, where known to Hotel, the applicable Submitting Party, without undue delay and in no event later than forty-eight (48) hours after becoming aware of any unauthorized access to, acquisition of, or disclosure of Rooming List Data or Payment Method Data. Hotel shall provide reasonable cooperation and information as necessary for Crewfare and the Submitting Party to meet their respective legal and contractual notification obligations.
- 9A.5 Retention. Hotel shall retain Rooming List Data only as long as necessary to fulfill and service the applicable reservations and to satisfy its own legal retention obligations, and shall thereafter delete or de-identify it.
- 9A.6 Independent controller. With respect to Rooming List Data that Hotel processes for its own purposes — including guest servicing during the stay, loyalty program administration, and its own legal and tax compliance — Hotel acts as an independent controller and is solely responsible for compliance with applicable data protection law.
- 9A.7 Compliance. Hotel represents and warrants that its collection, use, storage, and disclosure of Rooming List Data will comply with all applicable data protection and privacy laws.
9B. PAYMENT METHOD DATA
- 9B.1 Definition and vaulting. “Payment Method Data” means payment card or other payment method information made available to Hotel through the DRL in connection with a reservation. Payment Method Data is stored in tokenized form with a PCI DSS-validated third-party vault provider. Crewfare systems do not transmit, process, or store primary account numbers; card data is rendered directly from the vault provider into vault-hosted elements within the authorized Hotel user’s browser. Card verification values and cardholder names are not made available through the DRL under any circumstances. Disclosure occurs only through the DRL’s controlled reveal function, which requires per-use re-authentication via a single-use code sent to the Authorized User’s registered email address, is scoped to Hotel’s own properties, is rate-limited, expires seven (7) days following the applicable event, and is logged.
- 9B.2 Hotel PCI compliance. Hotel represents and warrants that it maintains, and will maintain throughout its use of the Crewfare Platforms, compliance with the Payment Card Industry Data Security Standard (“PCI DSS”) as applicable to its role, and will provide evidence of such compliance upon Crewfare’s reasonable request.
- 9B.3 Handling requirements. Hotel shall:
- (i) access Payment Method Data solely through the DRL’s reveal function and solely to process charges expressly authorized under Hotel’s agreement with the applicable Group or Crewfare;
- (ii) not photograph, screenshot, transcribe, print, or otherwise record Payment Method Data other than by direct entry into Hotel’s PCI DSS-compliant property management or payment system;
- (iii) not store Payment Method Data in any email, spreadsheet, messaging application, shared document, ticketing system, or other system that is not PCI DSS-compliant;
- (iv) limit reveal access to Authorized Users with a documented legitimate business need, and promptly deactivate access for personnel who no longer require it;
- (v) not share reveal credentials or verification codes among personnel;
- (vi) charge only those amounts expressly authorized under its agreement with the applicable Group or Crewfare; and
- (vii) not retain Payment Method Data beyond the period necessary to complete authorized charges and resolve chargebacks.
- 9B.4 Allocation of responsibility. Hotel is solely responsible for its handling of Payment Method Data following disclosure through the DRL. Crewfare has no responsibility for any charge made by Hotel, including any disputed, declined, duplicate, fraudulent, or unauthorized charge, and no responsibility for any assessment, fine, or penalty levied against Hotel by a payment card network or acquirer.
- 9B.5 Audit log. Hotel acknowledges that Crewfare logs each access to Payment Method Data, including the identity of the accessing user, the applicable reservation, and the time of access, and that such logs may be disclosed to the applicable Submitting Party or Group and used in the investigation of any suspected misuse.
10. SUSPENSION OR TERMINATION OF PLATFORM ACCESS
In addition to any other remedies available under these Hotel Terms, the Agreement, or pursuant to applicable law or in equity, Crewfare may, at any time, directly or indirectly, limit, suspend, terminate or otherwise deny Hotel’s or any other person’s access to or use of all or any part of the Crewfare Platforms without incurring any resulting obligation or liability: (i) to prevent or discontinue any unauthorized access to the Crewfare Platforms; (ii) if Crewfare receives a judicial or other governmental demand or order, subpoena or law enforcement request that expressly or by reasonable implication requires Crewfare to do so; or (iii) if Hotel or any of its Authorized Users is or has been involved in any fraudulent, misleading or unlawful activities.11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- 11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CREWFARE DOES NOT MAKE, AND CREWFARE EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND LIABILITY WITH RESPECT TO ANY DEFECT OR INFRINGEMENT REGARDING THE CREWFARE PLATFORMS SHALL BE LIMITED EXCLUSIVELY TO REPLACEMENT OR MODIFICATION THEREOF IN CREWFARE’S SOLE DETERMINATION. EXCEPT AS PROVIDED IN THIS SECTION AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOTEL ACKNOWLEDGES THAT THE CREWFARE PLATFORMS ARE MADE AVAILABLE ON AN “AS IS” BASIS AND THAT CREWFARE DOES NOT WARRANT THAT THE CREWFARE PLATFORMS MADE AVAILABLE BY IT WILL BE UNINTERRUPTED OR ERROR-FREE. CREWFARE EXPRESSLY DISCLAIMS, AND WILL INCUR NO LIABILITY RELATED TO OR FOR: (i) ANY LOSS OF INFORMATION ENTERED BY HOTEL OR ONE OF ITS AUTHORIZED USERS INTO THE CREWFARE PLATFORMS; (ii) ANY REQUEST FOR PROPOSAL, QUOTE OR AGREEMENT THAT HOTEL AGREES TO OR ENTERS INTO THROUGH THE CREWFARE PLATFORMS OR AS A RESULT OF USING THE CREWFARE PLATFORMS; (iii) THE ACCURACY OF ANY FINANCIAL OR INVENTORY PROJECTIONS PROVIDED BY HOTEL OR ANY OTHER HOTEL CONTENT; (iv) ANY CONDUCT OF HOTEL; (v) ANY FAILURE, DELAY, OR ERROR IN THE TRANSMISSION OF A ROOMING LIST OR ANY CHANGE THERETO; (vi) ANY SUBMITTING PARTY’S FAILURE TO TIMELY SUBMIT, UPDATE, OR FINALIZE A ROOMING LIST; (vii) THE ACCURACY OR COMPLETENESS OF ANY ROOMING LIST DATA SUBMITTED BY A SUBMITTING PARTY; OR (viii) ANY DISPUTE REGARDING A CHARGE MADE BY HOTEL TO A PAYMENT METHOD PROVIDED THROUGH THE DRL.
- 11.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE HOTEL TERMS, EXCEPT FOR HOTEL’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, ANY OF ITS CUSTOMERS, OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR DATA OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF A PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 11.3 IN NO EVENT WILL CREWFARE’S TOTAL LIABILITY TO HOTEL FOR ANY AND ALL ACTIONS, CAUSES OF ACTION, AND/OR DAMAGES (COLLECTIVELY, “CLAIM”) RELATING TO THESE HOTEL TERMS OR THE SUBJECT MATTER HEREOF, EXCEED IN THE AGGREGATE THE GREATER OF (A) THE TOTAL AMOUNT OF COMMISSIONS PAID OR PAYABLE TO CREWFARE BY HOTEL FOR THE SIX (6) MONTHS DIRECTLY PRECEDING WHEN THE CLAIM ACCRUED, OR (B) FIVE THOUSAND DOLLARS ($5,000).
12. INDEMNIFICATION
To the fullest extent permitted by applicable law, Hotel will indemnify, defend and hold harmless Crewfare and its owners, officers, managers, partners, directors, employees, parents, affiliates, subsidiaries, agents, representatives, consultants, successors, and assigns (individually, an “Indemnified Party,” and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses (including reasonable attorneys’ fees) and costs arising out of or related to: (i) any information provided by Hotel to Crewfare or any users of the Crewfare Platforms; (ii) Hotel’s violation of these Hotel Terms; (iii) Hotel’s violation, misappropriation or infringement of any rights of another (including intellectual property rights or rights of privacy or publicity); (iv) Hotel’s (or any of its Authorized Users’) misconduct in connection with the Crewfare Platforms; (v) Hotel’s handling, use, storage, or disclosure of Rooming List Data or Payment Method Data, including any assessment, fine, or penalty levied by a payment card network or acquirer; or (vi) any claim by a guest, Group, Submitting Party, or regulator arising from Hotel’s failure to honor a reservation transmitted through the DRL (individually, an “Indemnified Matter,” collectively, “Indemnified Matters”). Hotel agrees to promptly notify the Indemnified Parties of any Indemnified Matter, cooperate with the Indemnified Parties in defending such Indemnified Matter and, without limiting the foregoing, pay all fees, costs and expenses (including reasonable attorneys’ fees) associated with defending such Indemnified Matter. Hotel also agrees that the Indemnified Parties will have control over the defense or settlement, at the Indemnified Parties’ sole option, of any Indemnified Matter.13. AMENDMENT TO TERMS
Crewfare may update or amend these Hotel Terms from time to time. Amendments shall be effective upon posting on the Crewfare Platforms. Hotel is responsible for regularly reviewing these Hotel Terms. Hotel’s continued access and use of the Crewfare Platforms following such posting constitutes Hotel’s consent to be bound by any amended Hotel Terms. Notwithstanding the foregoing, where an amendment materially expands Hotel’s obligations with respect to Rooming List Data or Payment Method Data, Crewfare will require Hotel’s affirmative acceptance of the amended Hotel Terms upon next login before Hotel may continue to access the DRL.14. MODIFYING AND TERMINATING THE PLATFORMS
Crewfare reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Crewfare Platforms, or any feature thereof at any time without notice. This includes, but is not limited to, adding, removing, or changing features and functionalities, and the imposition of fees for certain services at any time. Hotel also has the right to stop using the Crewfare Platforms at any time subject to any obligations that Hotel may have under the Agreement. Crewfare is not responsible for any loss or harm related to Hotel’s inability to access or use the Crewfare Platforms.15. SEVERABILITY
If any provision or part of a provision of these Hotel Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Hotel Terms and does not affect the validity and enforceability of any remaining provisions.16. GOVERNING LAW
These Hotel Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The Parties hereby irrevocably consent and submit to the exclusive jurisdiction of the courts of Broward County, State of Florida or the United States Federal Court in the Southern District of Florida, in any action or proceeding of any type whatsoever arising out of or relating to these Hotel Terms.17. DISPUTES
- 17.1 Arbitration. Except with respect to equitable remedies such as injunctions, disputes related to the ownership and protection of the Crewfare IP, or disputes involving a third party, such as under Hotel’s indemnification obligations, the Parties agree that any dispute, controversy, or claim arising hereunder or relating in any way to these Hotel Terms shall be settled by binding arbitration in Broward County, Florida, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”), with judgment upon the award rendered by the arbitrator to be entered in a court of competent jurisdiction. The Party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each Party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a Party, each Party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the Parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Florida, without giving effect to its conflict of laws rules.
- 17.2 THE ARBITRATOR SHALL NOT BE AUTHORIZED TO AWARD INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THESE HOTEL TERMS OR THE OBLIGATIONS OF A PARTY UNDER THESE HOTEL TERMS.
- 17.3 EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, EQUITY, TORT (SUCH AS NEGLIGENCE), OR OTHERWISE) RELATING TO THESE HOTEL TERMS.
18. MISCELLANEOUS
Crewfare’s failure to exercise or enforce any right or provision of these Hotel Terms will not operate as a waiver of such right or provision. The section titles in these Hotel Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Hotel Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Hotel agrees that communications and transactions between the parties may be conducted electronically. All of the provisions set forth in these Hotel Terms, except for the limited license granted to Hotel, will survive any termination or suspension of Hotel’s access to the Crewfare Platforms.19. CONTACT
Crewfare, Inc. 2678 Edgewater Court Weston, FL 33332 USA privacy@crewfare.com (data protection matters) support@crewfare.com (general)Contact Us
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