Terms of Service
Warren Hill’s Cancun Jazz Festival / Evolution Music Inc. Terms & Conditions
Relationship of Parties
This Agreement is between you (“You” or “you”), on the one hand, and Evolution Music, Inc., (“Company” or “Event”) on the other hand, where the Event is taking place October 4 through October 7, 2018 at Hard Rock Riviera Maya (“Resort” or “Hotel”). You expressly acknowledge and agree that (a) you are purchasing a ticket/package for this Event with the Company, and no other third parties, including but not limited to Evolution Music, Inc. and (b) Evolution Music, Inc. is a third party seller of travel and marketing agent for the Event only, who serves as the ticketing agent for the Company; (c) Evolution Music, Inc. is not responsible or liable to you for any and all claims arising from or related to the Event in any manner whatsoever.
Your decision to pay in full or with a deposit to book a room/purchase an Event ticket constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein. Any and all disputes and claims whatsoever related to, or involving the Company/Event shall be governed by California law and the venue for any litigation shall be in Los Angeles County, California.
The Event has a very strict cancellation policy and recommends that all guests purchase travel insurance.
Payments for the Event are Non-refundable.
If You decide not to attend, or are prohibited from attending due to illness, travel delays, or any reasons whatsoever, Company is under no obligation to refund any monies received from You.
The Company shall not provide nor be responsible to provide any refunds for unused tickets, or cancellations for those who do not show up in time for any or part of the event for any reason whatsoever after the start of Event. NO EXCEPTIONS WILL BE MADE.
The guest that places the reservation is considered the “lead guest” and is the “owner” of the reservation. The lead guest must agree and initiate any changes in the reservation. The lead guest will be responsible for receiving all communications, selecting the room at the time of booking, and making sure all payments are made by financially responsible guests in a timely manner. Be advised that once you book a room as lead guest you are obligated for the full room rate based on the occupancy set forth in the item you purchased.
Financially responsible guests will have the opportunity to choose between making payments in full, or by enrolling in a payment plan and/or automatic billing according to the terms listed below.
If payment is not received within 48 hours of the payment date(s), Company has the right to consider the reservation cancelled, with appropriate cancellation penalties applied.
Online Payment Terms
Payment in Full
If you chose the pay in full option, there are no other payments due. All of the terms and conditions apply.
If you chose the payment plan option, you are agreeing that your deposit and all monthly payments are subject to all of the terms and conditions set forth, as well as the payment plan terms below.
Payment plan terms:
- Deposit: a minimum deposit per package is required at the time of booking. Deposits can vary from just service fees, to a percentage of the total sale, depending on the package chosen.
- Monthly payments: the remaining balance will be divided equally over the remaining months with the first installment due 30 days from the initial deposit and the final payment due no later than September 4, 2018.
- Financing Fees: Payment plan financing fees are $175 per plan. This fee applies to any payment plan fee, whether it is a split room or even for multiple rooms in one order.
- Late Fees: There is a 5 day grace period for late payments. After 5 days the account will be assessed a $50 late payment fee.
- Defaulted Plan: A payment plan is considered in default if payments are more than 30 days late. Once in default, reservations are placed on hold, reserved seats are no longer held, and the reservation will will require a $175 reinstatement fee plus all payments paid up to date in order to remove the default status.
- Cancellation for non-payment: If after 30 days the default status has not been remedied, Company has the right to cancel the reservation and customer forfeits all monies paid to the Company.
The Artist Lineup is subject to change without notice. You acknowledge that regardless of any change in lineup, the terms of this agreement remain in full effect and you will not be entitled to any refunds if you wish to cancel your reservation.
Your package determines your seating section. With the exception of Platinum / Cabaret Seats, all other sections are assigned by the Festival on a first-sold / first-served basis. Seating sections are guaranteed, however, exact seat numbers cannot be guaranteed and will be assigned by the Festival 30 days prior to the event. Festival reserves the right to move customers to accommodate odd/even numbered groups and handicapped patrons. Guests seats will never be moved more than one row within their pre-assigned section. Platinum / Cabaret seats will be assigned within 48 hours after booking and will not change.
NAME CHANGES & ADDITIONS
Complimentary name changes will be accepted until August 1, 2018 for all but the lead guest. All name additions and changes starting August 2 through September 27, 2018 will be subject to the name change fee of $75 per person. September 27, 2018 will be the LAST DAY to submit name changes.
The Event does not permit any downgrades of rooms on reservations. If you wish to downgrade, you must cancel your current reservation, pay all applicable fees and book a new reservation. A downgrade is defined as a room of a lower (i.e., less expensive per person) category, or from a triple occupancy room to a double occupancy room, even where such room is of a higher (i.e., more expensive per person) category. However, you are able to upgrade without penalty or any additional fees. An upgrade is defined as going into a higher (i.e., more expensive per person) category room or from a double occupancy to a triple occupancy room, even if such triple occupancy room is of a lower category room type than the original room purchased.
Rates include accommodations at resort for the Event nights, all concerts taking place at the resort during the Event, all meals and drinks as included in the all-inclusive package at the resort, gratuities and service fees. Rates do not include transportation to and from the airport, certain activities and excursions, and certain resort offerings, which are not part of the all-inclusive package for the Event. Rates do not include unlimited mini-bar stocking or room service in some cases.
Service fees (totaling $75 per person) and all other fees and payments are due in full by the final payment.
LATE CHECK OUT FEES
In the event you remain in your guestroom past 1pm local time the Company has the right in its sole and exclusive discretion to charge you late check out fee(s) of $300, according to the actual time of check out or departure from the room(s), whichever time is later. If you remain in your room past 3pm The Company has the right in its sole and exclusive discretion to charge you for an extra night at the rate posted by the Event.
ALL GUESTS ARE REQUIRED TO HAVE A VALID PASSPORT – NO EXCEPTIONS. You will be traveling outside of the country for this event and it is MANDATORY that you have a valid passport (unless you live in the country where the Event is taking place).
The U.S. State Department has enacted the “Western Hemisphere Travel Initiative.” U.S. and Canadian citizens will be required to carry a valid Passport for travel. For complete details, read this Article on the US Department of State’s web page. Also note that the U.S. State Department may change their policies from time to time and the Company cannot be liable for such changes or how those changes may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel; in such event, no refunds shall be provided to you.
HEALTH CONSIDERATIONS/PREGNANCY POLICY
Persons who have a physical or mental disability or a medical condition must report them to the Company IN WRITING VIA EMAIL AT THE TIME THE RESERVATION IS MADE or at the time the medical condition is discovered, whichever comes first. Failure to provide such information to the Company could lead to cancellation of your reservation with you incurring the appropriate cancellation penalty if sufficient time is NOT provided to make adequate determination of medical conditions or requirements. The Company reserves the right to revoke or refuse passage to anyone who may require treatment, care or attention beyond that which the resort can provide. Guests who require special dietary needs or who have other special needs must notify the Event in writing via email at the time of booking or at least 60 days prior to the Event.
The Event does not allow any kind of pets, therapy or emotional support animals. To be classified as a service animal, the guest must alert Evolution Music Inc. in writing via email within 15 days of booking. The guest will be required to provide any and all documentation requested by the Event, Hard Rock Riviera Maya, U.S. Customs and Immigration and Mexican Customs and Immigration. In addition, the guest will be required to sign a waiver and may also be subject to certain limitations in regards to accessing areas of the resort and concert viewing areas.
REFUSAL OF ENTRY/TERMINATION OF TRIP OR EVENT
Evolution Music, Inc. acts only as sales and marketing agents for the purpose of booking travel arrangements at the Resort for the Event. The Company expressly disclaim any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. This includes, but is not limited to stays at the resort during the Event nights as well as pre and post nights added to reservations for the Event.
The Event may, in its sole and exclusive discretion, require any person to withdraw from the event if it is deemed that your actions or conduct is offensive, disorderly and/or a nuisance, and in such event the Company shall have no liability to you as a consequence of the early or other termination of your trip and/or event, or be required to pay you any refund.
Guests must be 18 years or older to be admitted to the event, unless accompanied by an adult.
Video or audio recording, filming, or photographs may occur at the Event which may be owned, licensed, assigned or distributed nationwide and worldwide by the Event, their affiliates and assignees. By acknowledging the terms & conditions of the event at the time of booking a reservation at the Event, you acknowledge, allow, and authorize the Company, their affiliates and assignees the right to use your likeness and/or appearance on any film or video format now known or hereinafter developed in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against the Company, their affiliates and assignees for such use.
PHOTOGRAPHY AND VIDEO POLICY
Video recording is strictly prohibited at the Event. No professional photography equipment may be used unless approved by Company staff. Small handheld cameras without interchangeable lenses are acceptable for personal use only. DSLR’s are not allowed for guest use at the event. Commercial use of photography and video is strictly prohibited.
ZERO TOLERANCE POLICY
In accordance with local, state, federal and international laws, the Event has a strict zero tolerance policy regarding the illegal use, possession, purchase or distribution of controlled substances. Any violation of this policy will result in immediate ejection from the Event as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases the Company shall not be liable for any refund or other compensation or damages and reserves the right to refuse entry at future Events.
NO VENDING OF ANY KIND IS ALLOWED at the Event. This means, DO NOT make t-shirts, hats, posters, jewelry or anything else to sell at the Event. Any and all unauthorized merchandise will be confiscated. This policy will be strictly enforced.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability by guests for damage to or theft of luggage, personal property, delay, circumstances at the resort or elsewhere is limited. In addition, your right to recover in a legal proceeding will be based upon the applicable law and forum stated in these Terms & Conditions. You will find at each resort, independent concessionaires. The Company accepts no responsibility whatsoever for the actions of these independent concessionaires and acts only as a third-party referring their services to you without further liability.
It is understood and acknowledged that the Company is an outside, independent entity and does not own, retain, or have any control over Resort. In consideration of participating and attending the Event, you voluntarily assume all risks while at the Event and at Resort, and release the Company of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by you at the Event. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
The Company cannot be held responsible for changes at the Resort that vary from what is noted on the Event website, and/or in the reservation system at the time of purchase or anytime leading up to the Event or during the Event. Resort is operated under the direction it’s Management and affiliates and may change their offerings at their own discretion and retains the right to do so. Some regular resort offerings may vary during the event. The Company will do their best to please guests of the Event but does not control the actions of the Resort and acts only as a third party hosting an Event on their property. Any issues arising between guests and the Resort pertaining to resort matters, including but not limited to those issues related to food & beverage, rooms, check in, check out, amenities, hotel grounds, etc, shall be taken up with the resort directly, and while the Company may assist on your behalf if applicable, ultimately the Company cannot be held responsible for actions, incidents, policies, or procedures that are employed by the Resort.
Your decision to purchase a room/ticket and pay a deposit for Event constitutes your acknowledgment of and consent to all of the terms and conditions related to this purchase, including the limitations of liability described herein. All disputes and matters whatsoever related to or involving the Event shall be governed by and litigated in the County of Palm Beach, State of California.
ONLY RESERVATIONS BOOKED THROUGH EVOLUTION MUSIC, INC. WILL BE HONORED FOR THIS EVENT. ANYONE FOUND BUYING OR SELLING A ROOM/TICKET FOR THE EVENT FOR MORE THAN FACE VALUE WILL BE CANCELLED.
The Event has a very strict cancellation policy and HIGHLY recommends that all guests purchase travel insurance through a third party. This is the guest responsibility to purchase. The Event / Company cannot sell travel insurance direct to the customer. If you do not choose to purchase travel insurance you are agreeing to be 100% responsible for the complete forfeiture of all monies and fees paid to Company should you be unable to attend the event, for whatever reason.
Excursions are offered for your enjoyment at a moderate extra cost. Each excursion is operated by local tourist service companies. The excursions are not under the control of the Company including but not limited to: hotel stays off resort property, car rentals, water sports, sightseeing excursions, dive programs, restaurants, transportation by air, rail, bus, or other means, and any other service provided by a third party tour operator or destination management company. The Event shall not be liable for the services and facilities provided by independent or third party contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. Evolution Music, Inc. and The Company acts only as sales and marketing agents for the purpose of booking travel arrangements. The Event expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
Ground Transportation is your responsibility. The Company will offer information on recommended reliable local ground transportation vendors, but The following are not under the control of Company: car rentals, transportation by air, rail, bus, or other means, and any other service provided by a third party. The Company shall not be liable for services and facilities provided by independent contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. Evolution Music, Inc. acts only as sales and marketing agents for the purpose of booking travel arrangements. Evolution Music, Inc. and the Company expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
ADDITIONAL TERMS AND CONDITIONS, INCLUDING LIMITATION OF LIABILITY
The Event reserves the right, at any time, to modify, change, postpone or abandon all or any part of the resort program in its sole and exclusive discretion. In this case, the Company will NOT be responsible for any loss or expense caused by reason of such changes, modifications or abandonment. Company shall not refund any of your purchase price or any other charges by guests who decide not to stay through the duration of the event or who are forced to check out early for any reason or cause whatsoever. Unforeseen illnesses, circumstances, and contingencies may arise causing a cancellation by a band or other talent booked for the Event. Under these circumstances, the Company reserves the right in its sole and exclusive discretion to alter or cancel the band(s) contracted for and/or advertised for this Event. You expressly acknowledge that certain resort offerings may change or be cancelled and agree that Company shall not be held responsible for such occurrences made by the resort or the Event. Company reserves the right to change the itinerary, schedule, and/or lineup and change the venue or Resort and find a reasonable or suitable alternative in its sole discretion; and in such event(s) shall not be responsible and/or liable to you whatsoever including but not limited to, for any compensatory, nominal or consequential damages.
In the event that this Event is cancelled because of a circumstance or occurrence outside the control of Company, including but not limited to force majeure events (such as acts of nature, fire, earthquake, government imposed travel bans; terrorism etc), which cancellation shall be made in Company’s sole and exclusive discretion, Company shall not be liable for any damages, including but not limited to compensatory, nominal or consequential damages.
Resort information and descriptions seen on the Event website and on other third-party websites (including, without limitation, photographs, videos, editorials, amenities, and property descriptions) are provided by the Resort, suppliers and service providers. This information is provided to serve as a general guideline and while we can direct you to such information as a reference, the Company does not guarantee it’s accuracy.
Resort and other third parties may require you to present a credit card or cash deposit upon check-in to cover incidentals and additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for the Event or other transaction. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s) for the Event, in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All third parties are independent contractors, vendors and not agents or employees of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of nay such third parties or for any personal injuries, death, property damage or other damages or expenses related therein.
A reservation/ticket to the Event is a revocable license. Company shall have no liability for overbooking done by the hotel. The Company reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with Company’s zero tolerance policy or is otherwise disorderly or conducting themselves in a way that is in violation of the rules of an applicable third party (resort, hotel, DMC, tour operator, supplier, excursions company, ground transportation provider, etc) and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with this policy or the applicable third party’s terms, conditions, rules or policies, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with the applicable third party’s terms, conditions, rules or policies.
Your Representations and Warranties to Company
Without limiting anything set forth in this agreement, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Company and/or via the ticketing website; (b) you are of sufficient legal age and authority to enter into any transaction with Company and/or via the ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) you are an authorized user of the credit or debit card used to enter into any transaction with Company and/or via the ticketing website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Company and/or via the ticketing website; and (f) you will not attempt to charge back your purchase with your bank or credit card company. Any attempt by you to charge back any or part of the purchase price or other charges incurred in connection with the Event, shall allow Company to (a) cancel your reservation for the then-current or any future Events, or (b) refuse to accept any reservation for any upcoming Event(s).