Terms and Conditions
Last Revised on June 30, 2023
AGREEMENT BETWEEN CUSTOMER AND GUEST MAX
Welcome to the Guest Max platform (“Guest Max”). Guest Max is provided: 1) to make your stay here even better by enabling you to make reservations at this property, such as dinner or spa reservations, 2) to allow you to submit a service request, such as a housekeeping request and 3) to transact with
The terms “we”, “us”, “our” and ”Guest Max” refer to Guest Max LLC. “Guest Max Partner” or “Travel Supplier” means any co-branded or third-party service to which we provide links, content or service. The term “you” refers to any customer using this platform and/or booking a reservation through Guest Max, including through our customer service agents.
Your use of this platform requires your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read this document carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of Guest Max and is incorporated by reference into these Terms.
If you do not agree to the Terms of Use, please do not book reservations or submit service requests, contact our call center agents, or make any purchases through Guest Max.
We provide these Terms of Use in different languages. In case of any conflicts or inconsistencies between a non-English version and this English version, this English version takes precedence.
USE OF GUEST MAX
As a condition of your use of this Service, you warrant that:
- you are at least 16 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will use Guest Max in accordance with these Terms of Use;
- you will only use Guest Max for you or for another person for whom you are legally authorized to act;
- you will inform such other persons about these terms, including all rules and restrictions applicable to their reservations or activities;
- all information you provide here is true, accurate, current and complete; and
- if you have a GuestMax.com account, you will safeguard your account information. You are completely responsible for any use of your account by you and others.
We retain the right at our sole discretion to deny access to anyone to Guest Max and the services we offer, at any time and for any reason, including but not limited to any violation of these Terms of Use.
PROHIBITED ACTIVITIES
The content and information here (including, but not limited to, price and availability of activities, meals and services) as well as the infrastructure used to provide such content and information, is proprietary to us, our Guest Max Partners or Travel Suppliers. you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained by using Guest Max. Additionally, you agree not to:
- use Guest Max for any commercial purpose;
- make any speculative, false, or fraudulent reservation;
- access, monitor or copy any content or information using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to software code (including, without limitation, the purchase path for any reservations, tours or travel services) for any purpose without our express written permission; or
- “frame,” “mirror” or otherwise incorporate any part of the Guest Max software code into any other software code without our prior written authorization.
If your booking or account shows any signs of fraud, abuse or suspicious activity, Guest Max may cancel any reservations or bookings associated with your name, email address or account, and may close any associated Guest Max accounts. If you have conducted any fraudulent activity, Guest Max reserves the right to take any necessary legal action and you may be liable for monetary losses to Guest Max, including litigation costs and damages.
To contest the cancellation of a reservation, booking or the freezing or closure of a Guest Max account, please contact Guest Max Customer Service at [email protected]
PARTNERS AND TRAVEL SUPPLIERS’ RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservations and purchases of goods and/or services. Please read those separate terms and conditions carefully. You agree to abide by those terms and conditions, such as by paying all amounts when due and complying with the supplier’s rules and restrictions regarding availability and use of fares, bookings, products, or services. You understand that any violation of any rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs incurred as a result of such violation.
Also note that Guest Max Partners and Travel Suppliers may change their prices without notice.
Bookings and reservations are only guaranteed once a purchase has been completed and the invoice has been issued. We reserve the right to cancel your booking if full payment is not received in a timely fashion. In case of a cancellation, you might be entitled to a refund of taxes and fees included in the price of the goods or services purchased. Where you are eligible for a refund, please request such a refund directly with the Partner or Travel Supplier.
You acknowledge that some Guest Max Partners and Travel Suppliers may require you to sign a liability waiver prior to participating in the service and/or activity they offer.
Guest Max is not liable for any costs due to changes in your itinerary or plans other than possibly the fees you have paid.
GUEST MAX SOFTWARE APPLICATION
You have many options to experience a hassle-free vacation. On the Guest Max platform, we show a range of relevant options and services, including, but not limited to:
- Hotel and Area Information: the Guest Max platform provides information about the hotel or resort property, such as hotel policies, activities, maps, restaurants, bars, pools, and more.
- Hotel Services: Our platform has an integrated restaurant reservation system that allows guests to make reservations online, as well as a ticket support system that allows guests to request services such as housekeeping and maintenance. Other free services may be available at different properties at any time.
- Paid Products and Services: We provide information about available products and services, either for direct purchase on our platform or to be paid directly to a Guest Max Partner or Travel Supplier. The products may include food and beverage products, gift products, flowers, and related products. The services may include excursions, transportation services, vehicle rentals, spa treatments, photo sessions, and any service deemed appropriate by a Guest Max Partner or Travel Supplier.
PREPAID RESERVATIONS
You acknowledge that to facilitate reservations. You also acknowledge that Guest Max provides you the ability to book reservations for a fee (“facilitation fee”). The rate displayed on the Guest Max platform is a combination of the pre-negotiated rate reserved by Guest Max and the fee retained by Guest Max. You authorize Guest Max to book reservations for the total reservation price, which includes the rate displayed on the Guest Max platform, plus You agree that your credit card will be charged by Guest Max for the total reservation price.
Upon submitting your reservation request, you authorize Guest Max to make reservations on your behalf, including facilitating payments to Guest Max Partners and Travel Suppliers.
You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions associated with the reservation. You agree to pay any cancellation or change fees. If you do not cancel or change your reservation before the deadline applicable to the reservation (which is usually 24 to 72 hours prior to the date of the reservation), .
Certain Travel Suppliers may not permit changes to or cancellations of reservations, as indicated in the Travel Supplier’s rules and restrictions. You agree to abide by the terms and conditions associated with your prepaid reservations.
In certain jurisdictions, sales taxes are imposed on the amounts that we charge for our services (e.g., service fees or facilitation fees). The actual amounts taxed will depend on the rates in effect at the time of your stay.
Some hotels may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment made to Guest Max for your booking.
BANK AND CREDIT CARD FEES
When Guest Max processes your payment, it will be processed in the United States. When a Guest Max Partner or Travel Supplier processes your payment, it will be processed in the country in which the Travel Supplier is based.
Guest Max or the Travel Supplier may have to check (i) the validity of the payment card (by charging a nominal amount that will be either refunded within a few days or deducted from the final payment due to the Guest Max Partner or Travel Supplier and (ii) the availability of funds (to be confirmed by the financial institution issuing the payment card).
Some banks and credit card companies impose fees for international or cross-border transactions. For instance, if you use using a non-U.S.-issued card to book a reservation with a U.S.-based merchant, your bank may charge you an international transaction fee. In addition, some financial institutions impose fees for currency conversion. The currency exchange rate and foreign transaction fee is determined solely by your financial institution on the day that it processes the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your financial institution.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In such event, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Ratings displayed on this Service are provided by others. Guest Max does not guarantee the accuracy of ratings.
The offering of any products or services on this platform does not constitute any endorsement or recommendation of such products or services by Guest Max, its Partners or any Travel Suppliers. All such information, software products, and services are provided “as is” without warranty of any kind.
Guest Max Partners and Travel Suppliers are independent contractors and not agents or employees of Guest Max. Guest Max is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence by any Guest Max Partner or any Travel Supplier nor for any personal injuries, death, property damage, or other damages or expenses.
In no event shall Guest Max be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this platform or with the delay or inability to access, display or use this platform (including, but not limited to, your reliance on others’ opinions; any computer viruses, information, software, linked sites, products and services obtaining through this Service; or otherwise arising out of the access to, display of or use of this Service) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Guest Max, Guest Max’s Partners and/ Travel Suppliers have been advised of the possibility of such damages.
If, despite the limitation above, , then the liability of Guest Max will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Guest Max in connection with such transaction(s) using this platform, or (b) One-Hundred Dollars (US$100.00) (or the equivalent in local currency).
The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Guest Max.
INDEMNIFICATION
You agree to defend and indemnify Guest Max, Guest Max’s Partners, and/or Travel Suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms of Use or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the Guest Max platform.
LINKS TO THIRD-PARTY SITES
This platform may contain hyperlinks to websites or services operated or offered by parties other than Guest Max. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content, nor the privacy or other practices of any third parties. It is up to you to ensure that whatever hyperlinks you click or software you download are free of viruses, worms, trojan horses, defects and other items of a destructive nature.
POLICY
Guest Max Inc. believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Guest Max and, as stated above, is incorporated by reference, to understand our practices: .
COPYRIGHT AND TRADEMARK NOTICES
. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Guest Max is not responsible for content created or displayed by parties other than Guest Max LLC.
If you are aware of an infringement of our brand, please let us know by emailing us at [email protected].
COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Guest Max has adopted a policy of terminating, in appropriate circumstances and at Guest Max‘s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Guest Max may, also at its sole discretion, limit access to this platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that a Guest Max user is a repeat infringer, please provide information sufficient for us to identify the user and verify that the user is a repeat infringer when filing your notice.
NOTICE OF COPYRIGHT INFRINGING MATERIAL
If you believe in good faith that content hosted by us infringes your copyright, you (or your agent) may send us a written notice that includes the following information:
a clear identification of the copyrighted work you claim was infringed;
a clear identification of the material you claim is infringing, such as a link to the infringing material;
- your address, email address and telephone number;
- a statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law;”
- a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;” and
- a signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to [email protected]. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice may expose you to liability for damages.
COUNTER NOTICES IF YOUR CONTENT IS TAKEN DOWN
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
- Identification of the specific content that was removed or disabled and the location that content appeared on Guest Max ’s Service. Please provide the URL address if possible.
- Your name, mailing address, telephone number and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Guest Max LLC may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper.
Send a digital copy to [email protected].
PATENT NOTICES
One or more patents owned by Guest Max may apply to this platform and to the features and services accessible via Guest Max. Portions of this Service operate under license of one or more patents. Other patents pending.
GENERAL TERMS
You agree that no joint venture, partnership, or employment relationship exists between you and Guest Max as a result of this Agreement or use of this platform.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this platform or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Guest Max LLC with respect to this platform, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
DISPUTES/ARBITRATION
Guest Max is committed to customer satisfaction, so if you have a problem or dispute, we will certainly try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to principles of conflicts of laws. To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to Guest Max, these Terms of Use, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to Guest Max by contacting Guest Max Support at [email protected]. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Guest Max Support have elapsed. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
You and Guest Max agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, Guest Max Partners or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The arbitrator must follow and enforce these Terms of Use.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If arbitration is ruled in your favor and your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Guest Max Legal: Arbitration Claim Manager,” at If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
QUESTIONS
For answers to your questions or concerns, please write us at [email protected].