Save up to 40% on your winter getaway at The Blake when you book by August 31.
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These Terms of Use (“Terms”) explain your rights and responsibilities when you use websites, apps, social media pages, and features that we own or control and from which these Terms are accessible (collectively, the “Services”). If you use the Services, you agree to these Terms. If you do not agree, please do not use the Services. We reserve the right in our sole discretion to suspend or revoke your access to the Services, including if you violate these Terms.
By using the Services, you represent and warrant that:
You are at least 18 years old and of sufficient legal age to use the Services and to create binding contracts for any legal obligations and/or liability you may incur as a result of the use of the Services, such as travel bookings. If you are under 18, please do not use the Services.
If you are using the Services for someone else, you confirm that you are authorized to do so and will be bound by these Terms.
You are responsible for paying any amounts due in connection with transactions performed through the Services.
You agree that you will not:
The Services may contain or reference trademarks, copyrighted materials, designs, patented or proprietary technologies, products, processes or other intellectual property (collectively, “Intellectual Property”) owned or controlled by us or by others. No license to, or right in, any such Intellectual Property is granted to you other than a right to review such content using a conventional browser and conventional or AI-powered search engine.
Any use, copying, posting or transmission of the content or Intellectual Property beyond strictly non-commercial use for purposes of accessing and using our Services for your personal use is prohibited without our prior written permission.
In addition to the other terms and conditions regarding our properties (for example, property policies presented during booking), the following general terms and conditions apply to property reservations booked on the Services:
We have the right to cancel reservations whenever such action is necessary or advisable for reasons beyond our control, such as government order, weather, acts of God, strikes, epidemics, civil unrest, war, or other similar matters of force majeure.
While we make every effort to honor room preferences and reservations in accordance with the information shown on the Services, a confirmed reservation represents the acceptance of a request transmitted through the Services, not a guarantee that such accommodations will be provided.
We are not responsible for any costs, losses, or damages arising from cancellation of a reservation or inability to fulfill a reservation booked through the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND THEIR CONTENT AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee uninterrupted, error-free, or complete operation. You are responsible for using appropriate security protections on your devices and networks.
To the maximum extent permitted by law, we, our affiliates and our partners are not liable for any direct, indirect, or consequential loss or damage arising from or related to Services; linked websites, apps or third-party services, including any liability for loss of income or revenue; loss of business or business opportunity; loss of data; loss of goodwill; or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury caused by negligence, fraudulent misrepresentation or other liability that cannot be excluded or limited under applicable law.
If we are found liable in connection with the Services, then to the extent permitted by law, your sole remedy will be limited to reimbursement of the amounts you paid for the relevant Services.
To the extent permitted by law, any claim or action relating to the Services must be brought within one (1) year after it arose, unless a longer period is required by the laws of your country of residence.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Mexico, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Dispute Resolution provision set forth in these Terms may be filed only in the state or federal courts located in Santa Fe, New Mexico, United States.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks, service marks, or copyrights, any dispute arising out of or related to the Services (including any claim that any provision of these Terms are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). We shall have the right to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Santa Fe, New Mexico, USA and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. We and you waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. We and you waive any right to a jury trial for such disputes.
In reaching his or her decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties.
Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
You agree that you will not file a class action against us or our affiliates or participate in a class action against us or our affiliates. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against us or our affiliates.
If you have any questions regarding these terms, please contact us as follows: privacy@skitaos.com