TERMS AND CONDITIONS
MEMBERSHIP TERMS & CONDITIONS
These Terms and Conditions set out the basis on which a Member may participate in the RockStar Hotels Membership program. The following provisions govern the ownership and use of Membership:
Definitions: The following terms when used herein shall have the following meanings;
Affiliate means: a third party with whom RockStar Hotels has entered into a contract wherein the third party provides Benefits to RockStar Hotels in which the Members of the closed-user group program can then use as operated by RockStar Hotels.
Benefits means: access to the various special products and services made available to Members, which Benefits shall be as published on the RockStar Hotels Membership website. Benefits may vary by level of Membership selected. Benefits may include travel commissions or rebates, preferred rates, net rates, special offers, exclusive amenities offered at exclusive hotels that are apart of the RockStar Hotel Collection and such other products and services as RockStar Hotels shall in its sole discretion offer from time to time.
Yearly Membership Fee means: the payment due on application to become a Member that is due on the same date, per year.
Member means: a person who has been accepted by RockStar Hotels as a member and who has paid the Membership Fee and continues to pay the Yearly Membership Fee. A person immediately ceases to be a Member if he or she terminates his or her Membership or fails to pay the Yearly Membership Fee when due.
Membership means: participation in the closed-user group which entitles the Member to access all of the Benefits offered from time to time by RockStar Hotels through the RockStar Membership program.
Membership Application means: the Membership Application Form and application process that we have created on our website.
Membership Fee means: the yearly payment made by a Member to maintain Membership in the program.
Membership Level means: the level of Benefits selected by the Member.
Web Site means: the RockStar website, www.rockstar-hotels.com or sub domains of that Web Site and any other web sites including subdomains through which RockStar Hotels may offer access to Program Benefits from time to time.
RockStar Hotels or We means: RockStar Hotels, Inc. an incorporated company registered in Florida.
For the purpose of these terms and conditions we may refer to RockStar Hotels, RockStar Hotels Membership or RockStar Memberships collectively and in the alternative as the Program.
To become a Member of the Program you must be 18 years of age or older.
- Must be a member in good standing at time of stay in order to receive the rebate.
RockStar Hotels may refuse to accept any Membership Application in its sole discretion.
Membership in the Program becomes effective only when the Membership Application is accepted by RockStar Hotels, the Yearly Membership Fee is paid and received by RockStar Hotels, and on your first visit to the Web Site you have accepted the Terms and Conditions of the Membership. Continued Membership is at all times after acceptance conditional upon payment by you of the Yearly Membership Fee.
If paying by credit or debit card you hereby certify that the credit or debit card or
Alipay + Bitcoin used to make payment is held in your name or that you are an authorized user of the card or account. You hereby authorize RockStar Hotels Inc. to charge your credit or debit card or Alipay or Bitcoin accounts identified in your Application, or advised to RockStar Hotels from time to time, with the Yearly Membership Fee. You confirm that you understand and agree that the transaction contemplated by this purchase consists of the Yearly Membership Fee until the Membership is cancelled by notice in writing in accordance with these Terms and Conditions.
Your Membership Rebates will be made to the payment method RockStar Hotels has on file within 45 days from the date of your stay. Members will receive 8% rebates on every booking made through RockStar Hotels or rockstar-hotels.com. Members will receive certain amenities per hotel stay as defined through our website. Members will receive a concierge booklet and direct contact with our concierge from the moment a booking is made. All concierge requests should be directed to firstname.lastname@example.org RockStar Hotels is not responsible for communication 24/7. Please expect a 24-48hr response regarding booking requests and concierge materials.
Your Membership shall remain in effect until (i) terminated by you by sending, in writing, notice of cancellation of your Membership to RockStar Hotels Inc. by certified mail to 2121 N Ocean Blvd -505E, Boca Raton, FL 33431 or by email to email@example.com or (ii) terminated by RockStar Hotels by sending in writing, notice of cancellation of your Membership to you by certified mail at the address held on file by RockStar Hotels for you or by email to the email address held on file for you at the date of the notice. (Notice to RockStar Hotels must include your signature, printed name, address, and Member Identification Number). Your Membership will also be terminated with immediate effect if you stop payment of the Yearly Membership Fee or if any of the information provided by you on your Application is found to be false, inaccurate or fraudulent. Notice of cancellation must be received by Rockstar Hotels at least seven (7) business days prior to the scheduled charging date of your payment account. If a cancellation notice is received fewer than seven (7) business days prior to the scheduled charging date, cancellation will become effective in the month following the month in which the notice of cancellation is received by RockStar Hotels. Termination by either party shall terminate your use of the Benefits of Membership and access to the Web Site with effect from the next scheduled payment charging date. You may cancel your Membership without penalty or obligation, within three (3) business days from the date of your application to become a Member. To exercise the right of rescission, you must deliver to the travel club, either in person or by first class mail postmarked within the three-business-day period, at the address referenced in this contract, a written statement of your desire to rescind this transaction, and all materials of value that were provided and given to you at the time of the purchase of your travel club membership. Within forty-five days after notice of cancellation is received, RockStar Hotels shall refund to you any payments made by you pursuant to this agreement. However, RockStar Hotels may retain payments made for specific travel services utilized during the initial membership period. The refund may be made by crediting your credit card account if a credit card was used to make a payment and if RockStar Hotels informs you in writing that the credit card account has been credited. If you cancel your Membership after booking at a RockStar Hotel or other travel using your Membership, No refunds will be made. If RockStar Hotels chooses to make a refund to you it shall not be responsible for any other costs incurred by you in connection with the cancellation of your booking.
RockStar Hotels supplies certain Benefits itself and/or through associated entities or Affiliates to provide Benefits to Members, which Benefits will change from time to time. RockStar Hotels shall at all times provide updated information as to Benefits available via its website and by notice to Members through email.
Benefits may be used by a single Member ONLY. A Membership may only be held in the name of an individual person; RockStar Hotels does not accept Membership Applications in multiple names, partnerships, trusts or in the names of business entities.
You agree that it is your responsibility to use these Benefits and that not electing to participate in all or any of the Benefits offered does not constitute a breach of this agreement. You further agree that, except in accordance with these Terms and Conditions, you will not be eligible for a full or partial refund of your Yearly Membership Fees as a result of your non-use of any of the Benefits of the Program.
You agree that due to the inherently limited inventory in the travel industry, the availability of specific travel services or features such as room upgrade or amenities is not guaranteed and may be subject to limits on availability or price which may vary. You further agree that RockStar Hotels will make every available opportunity to offer you the best possible price but that prices may increase above the initially published price due to limited inventory availability. RockStar Hotels and other travel are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by an Affiliates such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms including any such restriction or requirements before booking. RockStar Hotels shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
Membership is personal to you as a Member and you may not transfer, assign, charge or otherwise dispose any of your rights or obligations without the prior written consent of RockStar Hotels. The Membership shall terminate automatically on the death of the individual in whose name the Membership is held.
These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Affiliate and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Affiliate supplying such products or services to the Member.
All materials, information, software, products, and services included on or available through the Web Site (the content) are provided AS IS and AS AVAILABLE for your use. The content is provided without warranties of any kind, either express or implied.
Under no circumstances shall RockStar Hotels, their affiliates, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, or the employees, agents, officers or directors of the foregoing parties (collectively, the covered parties) be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from: (1) the use of, or inability to use, the Web Site; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties liability for damages to a Member exceed the Yearly Membership Fees paid by the Member during the 12 months immediately preceding the first event that is alleged to have caused the damages.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in the state of Florida. The arbitration shall be conducted before the American Arbitration Association, and shall be conducted pursuant to the Commercial Dispute Resolution Procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its fees and/or costs shall be shared equally.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules.
We grant you only a limited, non-transferable and non-exclusive license to use the software, documentation and other content of the Web Site necessary to access, explore and otherwise use the Web Site in real time and to use the materials and the Benefits of the Programmed on the Web Site in a manner consistent with these Terms and Conditions.
You shall not use, disseminate or reproduce any RockStar Hotels trademarks, copyrights or other intellectual property in marketing materials, advertising on social media including but not limited to Facebook, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the expressed written consent from the RockStar Hotels Compliance department.
You shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and you agree to respect other users of the Web Site. We reserve the right to terminate your use of the Web Site and your Membership if, at any time, you engage in any conduct that we, in our sole discretion, deem to be detrimental to RockStar Hotels, the general public or other users.
No relationship between RockStar Hotels and any third parties, including but not limited to travel agents, travel experts, writers, and Members, whether or not they share in the revenues and/or profits of RockStar Hotels, who post, publish, view, receive, or utilize information and/or materials on the Web Site shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of RockStar Hotels, its subsidiaries, associated or affiliated entities.
We may revise these Terms and Conditions from time to time. Your use of any of the Web Site and Benefits offered in the Program will be subject to the Terms and Conditions in force at the time you access the Web Site and the Benefits and your use of the Web Site and or the Benefits shall constitute your acceptance of the applicable terms and conditions.
By completing and submitting the Membership Application Form, you specifically authorize RockStar Hotels to transfer and disclose personal or confidential information which you have provided to RockStar Hotels in connection with your Membership Application Form to its parent and associated or affiliated companies, its partners, licensees, agents and vendors and to RockStar Hotels independent sales representatives and to applicable governmental or regulatory bodies, if required by law. You consent to RockStar Hotels and its parent and associated or affiliated companies, its partners, licensees, agents and vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Membership Application Form or as advised to RockStar Hotels by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of RockStar Hotels products, sales aids, and services. Your consent to receive such emails and/or text messages shall survive the termination or expiration of this agreement for any reason unless and until you inform RockStar Hotels of revocation of consent to receive such communications. You may revoke your consent in writing by emailing firstname.lastname@example.org or by utilizing the unsubscribe option contained within a RockStar Hotels email or text communication.
RockStar Hotels, its parent, subsidiaries or associated or affiliated companies, and their directors, officers, owners, employees, assigns, and agents, shall not be liable for, and you hereby release RockStar Hotels and its Associates from, all claims for consequential and exemplary damages. As a Member you agree to comply with the Member code of conduct when travelling as a RockStar Member. You further agree to indemnify RockStar Hotels for any liability, (including attorney fees), damages, fines, penalties, or other awards arising from your conduct when travelling as a RockStar Member. RockStar Hotels may at any time set off any liability of the Member against any liability of RockStar Hotels, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these terms and conditions. Any exercise by RockStar Hotels of its rights under this section shall not limit or affect any other rights or remedies available to it under these Terms and Conditions or otherwise.
The Membership Application Form and these Terms and Conditions constitute the entire contract between you and RockStar Hotels relating to your Membership. Any promises, representations, offers, and other communications not expressly set forth in these Terms and Conditions are of no force or effect.
Any waiver by RockStar Hotels of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of RockStar Hotels. Waiver by RockStar Hotels of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect.