MERITAGE COLLECTION® GIFT CARDS TERMS AND CONDITIONS:
The following terms and conditions (the "Agreement") apply to any Meritage Collection® gift card issued by PACIFIC HOSPITALITY GROUP VENTURES, INC. (as set forth on the back of the card), whether originally purchased by you or someone on your behalf or otherwise for you (the "Card"). Cards are issued by PACIFIC HOSPITALITY GROUP VENTURES, INC. and/or its affiliates (referred to hereinafter as either "PHG", “we", "us" or "our") and are only usable at the specific Meritage Collection® hotel designated on the Card. PHG owns the brand Meritage Collection®; participating hotels and resorts at which a Card is usable are individually owned and use the Meritage Collection® brand under license.
By purchasing a Card, accepting and retaining a Card, or using a Card, you agree to each and every provision of this Agreement. Each purchase, retention and use by you of a Card shall constitute and be deemed your unconditional acceptance of this Agreement. We further reserve the right to change, amend or terminate the format, elements, aspects, and terms and conditions of this Agreement and/or the Card program at any time, and from time to time, with or without notice, in our sole discretion. You agree to such changed or amended Agreement at the moment it is posted to the Meritage Collection Website: https://www.meritagecollection.com/ (“Site”).
1. Use of the Card. The Card may only be used at the specific participating Meritage Collection® hotel or resorts within the United States that is named on the Card. If you attempt to use the Card at a non-participating location, your purchase will be declined. The Card is not a debit, charge or credit card and cannot be used as one. Use of the Card is subject to all check in terms and conditions, availability, prior bookings, and force majeure. Once the balance on the Card reaches zero dollars ($0), the Card is no longer valid, and you agree that you will no longer use it. If the Card is used for a transaction (in whole or in part) after the Card balance reaches zero dollars ($0) or in contravention of this Agreement, you agree to reimburse us.
2. Returns & Redemptions. All sales of Cards are final. You may not return, cancel or redeem for cash any Card after it is purchased, unless otherwise required by law. Use of the Card is limited to the amount of funds held on the Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. If you make a purchase and there are insufficient funds held on the Card to cover that purchase, you must pay the difference by an acceptable alternative payment method, such as a credit card, debit card, check, or cash. The Card may not be redeemed for cash except where required by law.
3. Restrictions. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.
4. No Expiration Date/Service Charges. After purchase, the Card carries no expiration date, service charges or dormancy fees.
5. Customer Service & Balance Requests. If you need assistance with the purchase of a Card through Meritage Collection’s® Site, please contact customer support at the hotel to which your Card applies: https://www.meritagecollection.com/contact-us. Balance requests are available from the Meritage Collection® hotel designated on the Card, either in person or by phone at the number listed on the Card. Please have on hand your reference number printed on the Card and be ready to provide your email address and any other information or documents we may need to verify your identity. The Card must be presented to obtain balance information.
6. Promotional Cards. This Agreement does not apply to gift cards or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program ("Promotional Cards") the Meritage Collection® may decide to conduct at any point. Promotional Cards may have expiration dates to the extent permitted by applicable law.
7. Purchasing. In order to purchase a Card through the Site you will need to provide certain information, including credit card and related payment and billing information. PHG and/or our designated vendors may request further information to validate the transaction. In the act of providing such information, you warrant that all information provided is both current and accurate.
8. Delivery Information. All orders of Cards purchased through PHG’s Site are subject to a process that compares information provided by you with information provided by your financial institution (such as your debit card issuer). If there is a discrepancy, your Card order may be delayed or held until the information can be verified. If such information cannot be adequately verified, your order may be cancelled at the discretion of PHG or our third-party providers. If the date on which you want your Card delivered has passed and you have not received confirmation that the Card was sent, please contact customer support at the Meritage Collection® hotel to which your Card applies at: https://www.meritagecollection.com/contact-us. PHG is not responsible for Cards that are undeliverable, lost or stolen, or not received due to your failure to enter an accurate email address or other relevant delivery information for the recipient.
9. Shipping for Plastic Cards. Orders for plastic Cards placed through the Site will be processed as soon as practicable and shipped according to the shipping option chosen (if any).
10. Lost or Stolen Cards. If you suspect that a Card purchased through Site has been copied, stolen or compromised in any way, please immediately contact customer support at the Meritage Collection® hotel to which your Card applies at: https://www.meritagecollection.com/contact-us. In this event, a Card will not be replaced if it was lost or stolen without your confirmation. Subject to confirmation by PHG, the remaining balance on a compromised Card may be re-issued on a new Card. Cards have monetary value and should be protected accordingly. Ownership and risk of loss of Cards is transferred to the recipient of the Card immediately upon completion of processing of the Card purchase order. PHG is not responsible for lost or stolen Cards or the remaining balances on such Cards. If you have any questions, please contact customer support at the Meritage Collection® hotel to which your Card applies at: https://www.meritagecollection.com/contact-us.
11. Misuse of the Card. If we suspect any fraud or misuse in connection with a Card, we reserve the right in our sole discretion to suspend or terminate use of the Card. We may cancel the Card at any time, without notice.
12. Property Rights. The consideration paid for the Card, including any unredeemed balances, is the property of the Meritage Collection® hotel to which your Card applies, as designated on the Card.
13. Limitation of Liability. NEITHER PHG, APPLICABLE PARTICIPATING MERITAGE COLLECTION® HOTELS, NOR THEIR AFFILIATES (collectively, “PHG PARTIES”) MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO PHG PARTY IS RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALTY OR ANY OTHER ASPECT OF GOODS OR SERVICES PURCHASED WITH THE CARD. IF A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND PHG’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD TO THE VERIFIED REMAING BALANCE OF SUCH CARD. UNDER NO CIRCUMSTANCE WILL ANY OF THE PHG PARTIES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THOERY, ARISING OUT OF OR IN ANY WAY RELATED TO THE CARD, OR THE CARD’S USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT PHG PARTIES OR ANY OF THEIR AFFILIATES ARE HELD LIABLE FOR ANY DAMAGES RELATED TO SUCH MATTERS, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO THE PURCHASE, RETENTION OR USE OF THE CARD WILL BE LIMITED TO REIMBURSEMENT FOR THE VERIFIED REMAINING BALANCE ON THE CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Section 13 shall survive termination of this Agreement or cancellation of the Card, and any bankruptcy by you or us.
14. Indemnification. You agree to indemnify and hold PHG, and its owners, subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability, loss, expense, claim or demand, including reasonable attorney’s fees, incurred by PHG or its affiliates (including, without limitation participating Meritage Collection® hotels) or any claim or demand made by any third party, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of PHG, owners of participating Meritage Collection® hotels, or a third party. PHG’s and/or owners of participating Meritage Collection® hotels’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Section 14 shall survive termination of this Agreement or cancellation of the Card, and any bankruptcy by you or us.
15. Governing Law/Arbitration/Attorneys’ Fees. The laws of the State of California govern the Card and the terms and conditions of this Agreement, without regard to choose of law principles. This Agreement shall be exclusively governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Orange County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT OR THE PURCHASE OR USE OF THE CARDS SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. THE ARBITRATION SHALL TAKE PLACE BEFORE ONE (1) NEUTRAL ARBITRATOR IN THE CITY OF THE PRINCIPAL PLACE OF BUSINESS OF PHG.
The arbitration will be limited solely to the dispute or controversy between you and PHG.
NEITHER YOU NOR PHG SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). We will pay for the arbitrator’s fees if the total amount of such fees exceeds the filing fee for filing a claim in a small claims court. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If PHG takes any action to enforce this Agreement, PHG will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation and arbitration (as applicable, through appeal and including any attorneys’ fees and costs incurred by PHG to collect fees and costs pursuant to this section), in addition to any other relief, at law or in equity, to which PHG may be entitled.
This Section 15 shall survive termination of this Agreement or cancellation of the Card, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the Class Action Waiver provision included in this Section 15, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section 15, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
16. Severability. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
18. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Contact Information. How to contact us: Meritage Collection® / Pacific Hospitality Group Ventures, Inc.; 2532 Dupont Drive, Irvine, CA 92612, U.S.A. Contact customer support at the Meritage Collection® hotel to which your Card applies at: https://www.meritagecollection.com/contact-us.
20. Modification. We further reserve the right to change, amend or terminate the format, elements, aspects, and terms and conditions of the Agreement and the Card program at any time, and from time to time, with or without notice, in our sole discretion. As set forth above, you agree to such changed or amended Agreement after they have been posted to the Meritage Collection Website: https://www.meritagecollection.com/. Any such change, amendment or termination shall be effective immediately upon posting.
21. Assignment/Waiver. We may assign this Agreement to a third party at any time without notice to you. If we provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to the Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to the Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.
22. Data Protection/Privacy/Disclosure. During any calls related to the Card, we may request that you provide the Card number and information associated with the Card, as well as additional identification information such as your home phone number, date of birth, and zip code. We may also obtain personal information ("Cardholder Information") about you, including information (i) provided to us by the Card purchaser, such as your name, email address and/or telephone number, (ii) provided by you at the time of purchase of the Card or during customer service calls, and (iii) about purchases made with the Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. We also maintain physical, electronic, and procedural security measures that comply with any federal regulations to safeguard Cardholder Information. We will use Cardholder Information to process Card transactions, provide customer service, enhance usage at Meritage Collection® hotels who may require zip code authorization, and help protect against fraud. We may also use Cardholder Information for marketing purposes and to conduct research and analysis. We may provide certain Cardholder Information to companies, including our affiliated companies that perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others outside of PHG as permitted by law, such as to government
entities or other third parties in response to subpoenas. We may develop marketing programs and send you offer for products and services. We do not share customer addresses with companies unaffiliated with PHG or any Meritage Collection® hotel for them to market their own products and services.
23. Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of the Card, and you agree to abide by such other terms and conditions.