Purchase Agreement

 

Purchase Agreement

 

Relationship of Parties

This Agreement is between you (“You” or “Guest” or “Customer”), on the one hand, and Altitude Mas, LLC, (“Company” ) on the other , in connection with the SIC WKND  (“the Event”) taking place on the advertised dates (“Event Date”) and location that you have purchased. You expressly acknowledge and agree that (a) you are purchasing a ticket/package for this Event with the Company’s authorized seller Altitude Mas, LLC; seller and marketing agent for the Event only, which serves as the ticketing agent for the Company; (c) Altitude Mas, LLC is not responsible or liable to you for any claims, damages, or other liability arising from or related to the Event in any manner whatsoever.

Your signature of this Purchase Agreement constitutes your acknowledgment of and consent to all of the purchase terms set forth below, including the limitations of liability which are part of the Event Terms and Conditions that you reviewed and accepted on the website at the time of purchase. Any disputes and claims whatsoever related to or involving the Company and/or Event shall be governed by New York law. Your signature of this agreement also constitutes your acknowledgement and agreement that any action related to this agreement, the Company, and/or the Event, can be brought and maintained only in the courts located in New York City.

 

Cancellations and Recommendation for Purchase of 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, the 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.

The Company and Event do not provide travel insurance. The Company and the Event each have very strict cancellation policies and each recommends that You purchase travel insurance from a third party to protect your trip and any payment or deposit you make. The Company does not offer or sell travel insurance, and it is your responsibility to obtain travel insurance at your discretion. 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.

 

Event Reschedule and/or Changes

If the Event is cancelled and/or rescheduled because of a circumstance or occurrence outside the control of Company, including but not limited to force major events (such as acts of nature, fire, earthquake, government imposed travel bans, pandemics, terrorism etc.) which cancellation and/or rescheduling shall be made in Company’s sole and exclusive discretion, Company shall not be liable to you for any damages or expenses. If the Event is rescheduled due to any of the circumstances listed above, Company will transfer you to the rescheduled Event. If You are unable to attend the rescheduled Event, Company will allow you up to 2 years (from the date of the initial Event) to transfer 100% of your funds to a future Event without penalty.

The Company reserves the right, at any time, to modify, change, postpone or abandon all or any part of the Event (the resort program) in its sole and exclusive discretion. 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 Company shall not be responsible and/or liable to you whatsoever including but not limited to, for any compensatory or consequential damages.

 

Refunds

The only instances when refunds are allowed are for accidental overpayments on accounts. In such cases, Company will issue refunds via check. The Company may require written certification of identity in order to issue any such refunds for overpayments.

 

Credits

Customers that may have a negative balance, or “credit” on their account for any reason, will not receive refunds. The “credit” will remain on the customer’s account to be used towards future purchases, subject to applicable time limitations.

 

Charge Backs & Disputes

All charges to your credit card will be labelled as “Altitude Mas”. If you feel that you have been charged in error, you are requested to call or email the Company first to discuss the issue, and allow Company a reasonable time to resolve it. If you fail to call or email and dispute the charge with your bank, then Company reserves the right to place your account in a “past due” status, and all fees, costs, and expenses incurred by Company associated with the matter and the “past due” status will be applied to your account. Accounts that are in “past due” status for more than 30 calendar days are subject to cancellation and forfeiture of all monies paid. Company reserves the right to refuse future reservations from a Customer that files a dispute for any reason whatsoever.

 

Transfers

The Event offers the ability to transfer funds from one event to another event. Transfer rules are subject to change and further details are available on the Event website Terms and Conditions page.

 

Financial Responsibility

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 agreed at the time of booking. Further details are available on the Event website Terms and Conditions page.

 

Your Representations and Warranties

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 have been provided the opportunity to seek independent legal counsel in connection with this agreement, and that by accepting it (signing) you represent and warrant that you understand all of the foregoing terms and agree to them.Governing Law/Jurisdiction/Attorneys’ Fees and Costs.

This agreement is governed by the laws of the State of New York. Any action or proceeding, involving the parties and arising out of this agreement shall be brought and maintained only in the state or federal courts located in New York City. The prevailing party in any such action or proceeding shall be entitled to the recovery of reasonable attorney’s fees and costs incurred in connection there with.

 

Severability

If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation

 

Counterparts

This Agreement may be executed in separate counterparts, each of which shall be considered an original but all of which shall constitute one agreement. Original signatures shall not be necessary; but, rather, you may deliver to Company a signed copy of the agreement via facsimile machine or electronically, which shall have the same binding effect as if original signed agreement had been delivered.

 

Limited rooms available.