TERMS AND CONDITIONS
The following Terms and Conditions are applicable to the Camp Margaritaville RV Resort Crystal Beach (“BBCRV partners LLC d/b/a Camp Margaritaville” or the “Company”) network of websites, apps, text messaging services, other online accounts, and call centers (“Services”). BBCRV partners LLC d/b/a Camp Margaritaville uses the Services to advertise, promote, and facilitate bookings for use of its campground property, including campground RV sites (“Sites”) and activities (collectively the “Products”).
The Company reserves the right, but does not undertake the obligation, to (a) monitor or review the Services for violations of these Terms and Conditions and for compliance with our polices; (b) report to law enforcement authority and/or take legal action against anyone who violates these Terms and Conditions; (c) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services; (d) screen our users, or attempt to verify the statements of our users; and/or (e) monitor disputes between you and other users or you and the Company or to terminate or block you and other users from violating these Terms and Conditions. We reserve the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
AS PERMITTED BY APPLICABLE LAW, THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART OF IT, OR TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THE SERVICES FOR ANY REASON OR NO REASON, AT ANY TIME, WITH OR WITHOUT NOTICE. THE COMPANY FURTHER RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR VIOLATION OF THESE TERMS AND CONDITION.
*By using our Services you represent that you are at least 18 years of age or older.
*RV site rental rates, day pass prices, activity schedule and Product prices are subject to change without notice.
*All Sites and reservations are subject to Federal Sales Tax, City Tax and Resort Fees.
Promotions and Pricing
Promotional and Referral Codes. The Company may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes“) that may be redeemed for discounts on future Products, or other features or benefits related to the Products or Services, subject to any additional terms that Company establishes. Promotions and discounts apply to one Site per Camp Margaritaville account per visit. Promotions and discount codes may be subject to blackouts during peak season and holiday events. Promotions and Discount codes for food and beverages may not be used for alcohol. By using our Services, you agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Company; (d) may be disabled or have additional conditions applied to them by Company at any time for any reason without liability to Company; (e) may only be used pursuant to the specific terms that Company establishes for such Promotional Code; (f) are not redeemable for cash or other credits or points offered by the Service; and (g) may expire prior to your use.
Changes to Products and Pricing. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products or Services. With the exception of inadvertent pricing errors, in the event of unannounced price changes, posted prices at the time of booking will be honored. Any posted or announced changes will take effect at the date and time of the posted change. By using the Company’s Services, you agree that any you are responsible for reviewing the Company website for seasonal or other posted changes in pricing. While we attempt to be as accurate as we can in our descriptions for the Products and Services, we do not warrant that Product and Service descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Products and Services for purchase through the Services at a particular time does not imply or warrant that these Products will be available at any other time. We reserve the right to change prices for Products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel or honor any orders in our sole discretion that were purchased with pricing errors). Should the Company honor inadvertent pricing errors on one occasion does not mandate that the Company honor inadvertent pricing errors on future occasions. All such changes shall be effective immediately upon posting of such new Product prices to the Services and/or upon making the customer aware of the pricing error.
Use of Company App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install, update and use the any app developed by the Company as part of the Services (the “App”). We do not guarantee that the App or any other Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or any other Services will be available in, or that orders for Products or services can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of reservations or stays, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages“). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from Company. You are solely responsible for any fee, cost or expense that you incur to download, install, update and/or use the App or the Services on your mobile device, including for your receipt of push messages from Company. The Company reserves the right to change, modify or adjust the App at any time, without notice, including adding or removing features that may affect the use of the App. The Company is not responsible for lost data in the event of any changes to the App. We are required to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we do not monitor or follow any Do Not Track browser requests.
Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and their content, including, without limitation, the exclusive right to create derivative works. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright, trademark and intellectual property law.
Ownership of Trademarks. The Company name, trademark, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Ownership of the App. All title to and the rights in the App, including ownership right to patents (registrations, renewals, and pending applications), copyrights, trademarks service marks, domain names, trade dress, trade secrets, coding, algorithms, Company’s or third party other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties. You may not frame or utilize framing techniques to enclose any of the content on the App. Including any images, text or layout design or any trademark, logo or the proprietary information found on any page of the App without the Company’s prior written authorization. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright, trademark and intellectual property law.
Ownership of Feedback. The Company welcomes feedback, comments and suggestions for improvements to the Services (“Feedback“). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Company and Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. Any Feedback provided to the Company may be used by the Company for marketing or promotional purposes without compensation to the provider of the Feedback. The Company reserves the right to remove any feedback for any reason, including, but not limited to, racial comments or hate speech, political opinions, threatening or harassing comments and/or untrue or inaccurate statements.
You represent and warrant that while using the Service, you will not:
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
upload, post, publish, transmit, reproduce, or in any way exploit any information or other material obtained through the Service for commercial purposes (other than expressly permitted by the provider of such information or other material);
attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
install or attempt to install or promote any spyware, malware robot, spider, crawlers or other automatic device, process, software, queries or other computer code that intercepts, “mines,” scrapes or otherwise accesses the Services to enable you or others to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
violate any applicable law or regulation in connection with your use of the Services; or
use the Services in any way not expressly permitted by these Terms.
TERMS OF SERVICE
Camping has inherent risks associated with outside activities. BBCRV partners LLC d/b/a Camp Margaritaville, its officers, owners, volunteers, affiliates and employees are not responsible for injuries or damages occurring as part of the inherent risks of any camping, entertainment, and/or beach environment. The BBCRV partners LLC d/b/a Camp Margaritaville property is privately owned. By accepting and participating in the camping, entertainment, and/or park privileges provided by BBCRV partners LLC d/b/a Camp Margaritaville, all campers and guests hereby release BBCRV partners LLC d/b/a Camp Margaritaville from any and all liability for any loss, damages to property, and/or injury to his or her person or property arising out of her or her use of its camping, entertaining, beach environment, and/or Paradise Park entertainment park facilities including, but not limited to all damages or injuries caused by fire, water, wind, civil strife, accidents, theft or acts of God.
The camper or guest further agrees to indemnify BBCRV partners LLC d/b/a Camp Margaritaville, against claims resulting from loss or damage to the property or injury to the person(s) or visitor(s) of any member of the family of the camper or guest, arising out of the use of its camping/entertainment park, facilities and activities, games, or events sponsored by BBCRV partners LLC d/b/a Camp Margaritaville. The camper or guest agree to pay for any damages to campground property, Sites, building, facilities, equipment, or loss of equipment, which may occur due to the actions of themselves or their party.
Campers and guests are required to immediately report any accident, injury, personal property damage or damage to resort property to the BBCRV partners LLC d/b/a Camp Margaritaville manager or staff on duty. If a hazard or dangerous situation exists on the premise, then said camper or guest will notify the BBCRV partners LLC d/b/a Camp Margaritaville management or staff immediately. By accepting and participating in the camping, entertainment, and/or park privileges provided by BBCRV partners LLC d/b/a Camp Margaritaville, all campers and guests agree to take full responsibility for themselves and all the people in their party, including minors and visitors, and must ensure they read and comply with all BBCRV partners LLC d/b/a Camp Margaritaville rules, policies, and guidelines as posted in the office, rentals or on the grounds, as well as the Terms and Conditions as set forth in the Company’s registration form.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
The Company is available by email at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and BBCRV Partners, LLC d/b/a Margaritaville agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit. You and BBCRV Partners, LLC d/b/a each further agree that any litigation shall be conducted in your restive individual capacities only and not as a class action or other representative action and you and BBCRV Partners, LLC d/b/a Margaritaville each expressly waive your respective right to file a class action or seek relief on a class basis. You agree that federal laws and the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and BBCRV Partners, LLC d/b/a Margaritaville. You and BBCRV Partners, LLC agree that any litigation between them shall be filed exclusively in the state or federal courts located in Galveston County. You and BBCRV Partners, LLC d/b/a Margaritaville expressly consent to exclusive jurisdiction in Galveston County Texas.
WIFI Notice: Use of Camp Margaritaville’s Wifi Internet Access Network.(the "Network") By using and accessing Camp Margaritaville’s Wi-Fi network, all campers and guests agree that the Wi-Fi Service may only be used for lawful purposes. You represent and warrant that you will not (1) use the Network in any way that violates the Company’s or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation of copyrights or trademarks) or contract rights; (2) use the Network to upload any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, any content of a violent or threatening nature directed at another individual or group of individuals; (3) use the Network to solicit personal information from a minor; (4) use the Network in a way that exploits anyone in a sexual or violent manner; (5) restricts or inhibits any other camper or guest from using and enjoying the Network; (6) use the Network in any other manner that constitutes or encourages conduct that would constitute a criminal offense or gives rise to civil liability. Use of the Network to transmit any material in violation of any federal or state statute or regulation is strictly prohibited. Campers and guests agree not to use the Network, including but not limited to, the modem and power supply for any illegal, abusive, or fraudulent purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent-protected material. Unauthorized or illegal use of Camp Margaritaville’s Wi-Fi network may be referred to the appropriate law enforcement agencies. Camp Margaritaville, at its sole discretion, may limit, restrict or deny the use of Camp Margaritaville’s Internet Access Network for any reason or no reason; including but not limited to; excessive bandwidth usage by the user, maintenance or upgrade of the Network and/or violations of these Terms and Conditions. Use the Network at your own risk, BBCRV Partners d/b/a Camp Margaritaville makes no representation as to the reliability or security of the Network. By using The Network you agree to indemnify and hold harmless the Company for lost data due to outages or slowdowns of the Network or any damages as a result of any security breaches of your devices that may occur through connections to the Network.
Photography and video recording may occur at Camp Margaritaville by management or third parties on its behalf for general marketing purposes. The image, likeness and voice of anyone entering the property may appear in final productions which may include, but not be limited to, publicity, illustration, advertising and web content, all of which are the sole property of BBCRV Partners, LLC d/b/a Camp Margaritaville. By entering the property, you grant BBCRV Partners, LLC d/b/a Camp Margaritaville and their agents the right to record or photograph you, your guests, and your children/minors for these or any other legal uses, and you agree to release BBCRV Partners, LLC d/b/a Camp Margaritaville and their agents from all liability connected thereto. Please contact management if you have any questions
Paradise Park at the Camp Margaritaville RV Resort Crystal Beach Terms & Conditions
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.
Assumption of risk: Holder understands and agrees that there are certain risks of injury, illness and/or death of entering the venue and/or attending the event, including, without limitation, objects flying into the spectator area during an event, special effects at an event, acts or omissions of other spectators and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). Holder understands and agrees that these risks cannot be fully eliminated. Holder understands and agrees (a) that the risks of exposure to COVID-19 are increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that entering the venue and/or attending the event may involve coming into close contact with other people, and (d) that there is no guarantee, express or implied, that Holder will not be exposed to COVID-19.
Despite these risks, Holder voluntarily assumes ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the venue and/or event, including exposure to COVID-19. Holder agrees that the Releasees (defined below) shall not be responsible or liable for any claim, loss, damage or injury, whether occurring before, during, or after the event, regardless of whether caused by the negligence or other fault of Releasees or any third party.
Waiver: Holder hereby forever releases, waives, discharges and agrees not to sue BBCRV Partners, LLC d/b/a Camp Margaritaville, BBC OPCO, LLC, any owner, manager, operator, or sponsor of the venue, any promoter, producer, or sponsors of the event, any leagues, teams, artists, advertisers or suppliers of the event, and their respective parents, subsidiaries, affiliates, owners, members, managers, directors, officers, past and present employees, volunteers, agents, representatives, successors and assigns (collectively, “Releasees”) for any known or unknown claims, losses, damages, liability, demands or actions incident to entering the venue and/or attending the event, whether such risks and dangers occur before, during, or after the event, including injury or death relating to COVID-19 or any other illness or injury that Holder may sustain while at the venue or related to attending the Event, regardless of whether caused by the negligence or other fault of Releasees or any third party (“Claims”).
Limitation of Liability: To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive all rights to seek, any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to transactions made through the Camp Margaritaville RV Resort Crystal Beach website, and/or materials contained on the Camp Margaritaville RV Resort Crystal Beach website, or the event (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).