Grand Solmar
With over 15 years of experience finding solutions for Vacation Ownership Clients, Malibu Marketing is not only committed, but is the leading expert in providing Owners the absolute best results.
Our online advertising and marketing of vacation ownership and vacation rental products make it easy to sell, buy, or rent a week on one easy-to-use platform.
Contact us today to find out how we can virtually turn your into an investment property and help you reap some tax benefits along the way.
TERMS & CONDITIONS
Baja-Malibu, here in BM, provides a service that allows our members to market their investment property.
The Baja-Malibu marketing services are provided to you by Best Resorts Ltd. These Terms of Use govern your use of our service. As used in these Terms of Use, "Baja-Malibu service", "our service" or "the service" means the service provided by Best Resorts Ltd for marketing of your property, including adding the property, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
BM Membership
Your Baja-Malibu membership is active for the length of your investment property ownership or until terminated. To use the BM service, you must own at least one investment property within a Partner Resort. BM only partners with exclusive resorts meeting its high standards. BM may partner with various multi-channel companies to market the member’s investment property. To create the property profile within its various Databases, additional fees may apply on a per-property basis. Property profiles will only be created once the applicable fees have been paid.
Reservation Services
Reservation is guaranteed for arrival on the confirmed check-in date only. If you don't check in to the hotel on the first day of your reservation and you do not alert the hotel in advance the remaining portion of your reservation will be canceled, and you will not be entitled to a refund.
BM Membership Cancellation
You can cancel your BM membership at any time and for any reason. To the extent permitted by the applicable law, membership payments are non-refundable. To cancel, please email BM at [email protected].
If you cancel your membership, your account will automatically close. You shall honor all outstanding reservations in your property made on the BM website regardless of account closure. Once all outstanding reservations have been honored, your data shall be deleted from BM’s systems.
BM Services
BM through its agent, Baja Consultants Brokers LLC shall make available to Members the opportunity to discuss tax advantages of owning investment property. Since the situation of each individual is unique, members must consult their Tax Advisor to review the applicability of Baja Consultants Brokers LLC’s guidance. BM’s range of services do not in any way represent, warrant or confirm any legal or tax consultation provided by Baja Consultants Brokers LLC. By acceptance of these terms, you agree and acknowledge that the extent of BM’s obligation is for “marketing services only” and for no other advisory or consultive actions. Verification of any information provided by Baja Consultants Brokers LLC is the sole responsibility of the member and not in any way combined with BM’s actions or consultation.
Changes to these Terms
We reserve the right, in our sole discretion, to amend these Terms, the Policy and our risk warning at any time, in any way and from time to time. We will publish the amended Terms on the Site. These amendments shall come into effect immediately.
It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, please review BM membership cancellation.
ACCEPTANCE OF TERMS AND CONDITIONS: a) By enrolling in and using the Program you agree that: a) you have read, understood, and accepted these Terms and Conditions, including our Privacy Policy, b) you are eligible for Membership, and c) you consent to our processing and use of your personal information, and disclosure of such information to third parties, in accordance with our Privacy Policy.
Contact:
If you have any questions, please feel free to contact us at the following address.
Best Resorts Ltd
3rd Floor
207 Regent Street
London
W1B 3HH
United Kingdom
Or emailing us as customersupport@baja-malibu.com
Privacy Statement Summary:
Who will use my data?
Best Resortd Ltd.
What for
We use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable. You may notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.
We may also use your data to process financial products and services. We will only process your data in relation to financial service with your explicit consent.
What will happen if I contact you?
If you contact us we will use your information to send you the information you have requested and updates, offers and other information that we think you will be interested in.
What data will be stored?
We will store your personal details, such as email and phone number details in order to provide our services to you. We will store details of purchase enquiries, purchases, and related financial information as required.
What data will be shared?
We will not share your data with any third parties other than as described here. We will share your information with any regulator or legal body that requests it.
How long?
Your data will be stored only for 2 years after you have deactivated your membership with use after which time your data will be deleted.
Who can access my data?
We will never sell, share or otherwise distribute your data to any other third party.
How is my data kept secure?
We will store your data on secure UK based servers which will be processed in the UK. We use industry standard security protocols/technology to secure data.
We take your privacy seriously and will only use your personal information to provide the products and services you have requested from us and to send you information about products and services you may be interested in. We will never sell, share or use your personal information other than as described here.
About This Privacy Policy
This policy sets out how we will use and share the information that you give us. This policy describes your relationship with Best Resortd Ltd..
The Data Protection Act 1998 (DPA) and General Data Protection Regulation (GDPR) describe how organizations must collect, handle, process, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper, or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully. GDPR is underpinned by eight important principles. These say that personal data must:
take these responsibilities seriously, this document describes our approach to data protection.
This policy helps to protect us from data security risks, including:
Who We Are And How To Contact Us
Baja Malibu is a trading name of Best Resortd Ltd. that is registered in London, United Kingdom and is registered with the Information Commissioner's Office under the Data Protection Act 1998. The data controller is: Best Resortd Ltd.. You can contact us in any of the following ways:
Email: [email protected].
Phone: +441619052900
Website: https://baja-malibu.com
Post: BEST RESORTS LIMITED
3rd Floor
207 Regent Street
London
W1B 3HH
Who this privacy policy applies to
Baja Malibu is an online accommodation supplier. This policy relates to users of Baja Malibu. Processing of your data is required to offer you these services. This policy applies to individuals who have shared their data with Baja Malibu as either a customer, employee, supplier, or in any other capacity.
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the DPA and GDPR.
PURPOSE/ACTIVITY TYPE OF DATA LAWFUL BASIS FOR PROCESSING
To register you as a new customer
(a) Identity,
(b) Contact
(c) Performance of a contract with you
To process and deliver the products and services you request including managing payments, fees, and charges, and to collect and recover money owed to us
(a) Identity, (b) Contact, (c) Financial, (d) Transaction, (e) Marketing and Communications
(a) Performance of a contract with you, (b) Necessary for our legitimate interests to recover debts owed to us
To manage our ongoing relationship with you which will include notifying you about changes to our terms, products, and services, or privacy policy, to maintain our records (a) Identity, (b) Contact, (c) Profile, (d) Marketing and Communications (a) Performance of a contract with you, (b) Necessary to comply with a legal obligation, (c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services
To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data (a) Identity, (b) Contact, (c) Technical
(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, and network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise, (b) Necessary to comply with a legal obligation
To deliver relevant content and advertisements to you and measure and understand the effectiveness of our advertising: (a) Identity, (b) Contact, (c) Profile, (d) Usage, (e) Marketing, and Communications, (f) Technical
Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences: (a) Technical, (b) Usage
Necessary for our legitimate interests to define the types of customers for our products and services, to keep our site updated and relevant, to develop our business, and to inform our marketing strategy
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity, (b) Contact, (c) Technical, (d) Usage, (e) Profile
Necessary for our legitimate interests to develop our products/services and grow our business
Names of Individuals
What this policy applies to
This section describes the lawful basis for processing your data and applies to the information about yourself that you choose to provide us with or that you allow us to collect. This includes:
How your information will be used
We will only use your personal data for the purposes for which we collected it and as you would reasonably expect your data to be processed and only where there is a lawful basis for such processing, for example:
We may collect and process information about you, including your name, date of birth, address, contact details (including email address and mobile phone number), product and service details, purchase history and data collected as part of any finance application or payment (including previous addresses, employment details and bank account details). We may take personal information from:
Personal data we receive will be used for the purposes it was provided, including:
In accordance with your preferences, we may also use your personal information to provide you with information about products, services, promotions, and offers that may be of interest to you. We may use your personal information in order to ascertain the services, promotions, and offers that are likely to be of particular interest to you. This document explains how you can change whether to receive this information. Please note that, even if you choose not to receive this information, we may still use your personal information to provide you with important service communications, including communications in relation to any purchases you make or services you use.
How to change your preferences
We operate in line with EU GDPR (May 2018) data protection guidelines. We respect your rights and will respond to any request for access to personal information and requests to delete, rectify, transfer, data, and to stop processing. We will also advise you on how to complain to the relevant authorities, namely the Information Commissioner's Office. Any requests or objections should be made in writing to the Data Controller or you can visit our website, call, or email us to contact us to change your preferences at any time.
Scope of Agreement
By submitting your personal data on this site or as required for us to provide products and services to you, you are affirming your agreement for such information to be used in accordance with this privacy policy. You will be able to change your preferences at any time by the methods described as prescribed in this document.
We may from time to time use your information for marketing, account management or relationship management purposes. The main purpose of this is to provide you with information about goods and services which we think may be of interest to you and/or to maintain any existing relationship we may have with you.
Opting out at a later date
Where you give your consent for us to process your data, for example when you agree to us sending you marketing information or where you agree to us processing financial data, you can contact us to amend or withdraw your consent at any time. You can also choose to object to processing and request deletion of your data. We respect all user rights as defined in GDPR. If you have any comments or wish to complain please contact us.
How we store and process your data
Your data will be collected stored and processed in the UK only, we do not transfer your data outside the EU. Your data will be stored for up to 7 years to ensure we have records of service, payments, and other interactions we have with you.
To provide or services to you we use recognized third parties to take payment, conduct credit reports and other checks, manage our company accounts, and provide banking services. We will store transactions, payment, and order data for up to 7 years or for as long as required by UK financial and company regulations. These third parties may operate outside the EU, if this is the case, we will ensure precautions are in place to protect your data.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us. If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may be legally obliged to disclose your personal information without your knowledge to the extent that we are required to do so by law; in connection with any ongoing or prospective legal proceedings; in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information].
You will only receive marketing communications from us if you have:
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Our obligations
We are a data controller. In relation to the information that you provide to us, we are legally responsible for how that information is handled. We will comply with the Data Protection Act 1998 and the GDPR (2018) in the way we use and share your personal data. Among other things, this means that we will only use your personal data:
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Third Parties
We may have to share your personal data with the parties set out below for the purposes described in this document:
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We will report any breaches or potential breaches to the appropriate authorities within 24 hours and to anyone affected by a breach within 72 hours. If you have any queries or concerns about your data usage, please contact us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
As well as your ability to accept or reject cookies, we also require your permission to store cookies on your machine, which is why when you visit our site, you are presented with the ability to accept our terms of use, including the storage of cookies on your machine. Should you not accept then you are free to leave our website, at any time.
Legitimate Interests
Under the Data Protection Act, we are also permitted to share some information with third parties who use such data for non-marketing purposes (including credit and risk assessment and management, identification and fraud prevention, debt collection and returning assets to you).
Contacting us, exercising your information rights and Complaints
If you any questions or comments about this Privacy Policy, wish to exercise your information rights in connection with the personal data you have shared with us or wish to complain, please contact: The Data Protection Officer at Best Resortd Ltd..We will process SARs within 20 days, SAR responses are usually free but we reserve the right to charge for excessive or unfounded requests. We fully comply with Data Protection legislation and will assist in any investigation or request made by the appropriate authorities.
If you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
www.ico.org.uk
Wycliffe House
What for
We use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable. You may notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.
We may also use your data to process financial products and services. We will only process your data in relation to financial service with your explicit consent.
What will happen if I contact you?
If you contact us we will use your information to send you the information you have requested and updates, offers and other information that we think you will be interested in.
What data will be stored?
We will store your personal details, such as email and phone number details in order to provide our services to you. We will store details of purchase enquiries, purchases, and related financial information as required.
What data will be shared?
We will not share your data with any third parties other than as described here. We will share your information with any regulator or legal body that requests it.
How long?
Your data will be stored only for 2 years after you have deactivated your membership with use after which time your data will be deleted.
Who can access my data?
We will never sell, share or otherwise distribute your data to any other third party.
How is my data kept secure?
We will store your data on secure UK based servers which will be processed in the UK. We use industry standard security protocols/technology to secure data.
We take your privacy seriously and will only use your personal information to provide the products and services you have requested from us and to send you information about products and services you may be interested in. We will never sell, share or use your personal information other than as described here.
About This Privacy Policy
This policy sets out how we will use and share the information that you give us. This policy describes your relationship with Best Resortd Ltd..
The Data Protection Act 1998 (DPA) and General Data Protection Regulation (GDPR) describe how organizations must collect, handle, process, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper, or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully. GDPR is underpinned by eight important principles. These say that personal data must:
take these responsibilities seriously, this document describes our approach to data protection.
This policy helps to protect us from data security risks, including:
Who We Are And How To Contact Us
Baja Malibu is a trading name of Best Resortd Ltd. that is registered in London, United Kingdom and is registered with the Information Commissioner's Office under the Data Protection Act 1998. The data controller is: Best Resortd Ltd.. You can contact us in any of the following ways:
Email: [email protected].
Phone: +441619052900
Website: https://baja-malibu.com
Post: BEST RESORTS LIMITED
3rd Floor
207 Regent Street
London
W1B 3HH
Who this privacy policy applies to
Baja Malibu is an online accommodation supplier. This policy relates to users of Baja Malibu. Processing of your data is required to offer you these services. This policy applies to individuals who have shared their data with Baja Malibu as either a customer, employee, supplier, or in any other capacity.
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the DPA and GDPR.
PURPOSE/ACTIVITY TYPE OF DATA LAWFUL BASIS FOR PROCESSING
To register you as a new customer
(a) Identity,
(b) Contact
(c) Performance of a contract with you
To process and deliver the products and services you request including managing payments, fees, and charges, and to collect and recover money owed to us
(a) Identity, (b) Contact, (c) Financial, (d) Transaction, (e) Marketing and Communications
(a) Performance of a contract with you, (b) Necessary for our legitimate interests to recover debts owed to us
To manage our ongoing relationship with you which will include notifying you about changes to our terms, products, and services, or privacy policy, to maintain our records (a) Identity, (b) Contact, (c) Profile, (d) Marketing and Communications (a) Performance of a contract with you, (b) Necessary to comply with a legal obligation, (c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services
To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data (a) Identity, (b) Contact, (c) Technical
(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, and network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise, (b) Necessary to comply with a legal obligation
To deliver relevant content and advertisements to you and measure and understand the effectiveness of our advertising: (a) Identity, (b) Contact, (c) Profile, (d) Usage, (e) Marketing, and Communications, (f) Technical
Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences: (a) Technical, (b) Usage
Necessary for our legitimate interests to define the types of customers for our products and services, to keep our site updated and relevant, to develop our business, and to inform our marketing strategy
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity, (b) Contact, (c) Technical, (d) Usage, (e) Profile
Necessary for our legitimate interests to develop our products/services and grow our business
Names of Individuals
What this policy applies to
This section describes the lawful basis for processing your data and applies to the information about yourself that you choose to provide us with or that you allow us to collect. This includes:
How your information will be used
We will only use your personal data for the purposes for which we collected it and as you would reasonably expect your data to be processed and only where there is a lawful basis for such processing, for example:
We may collect and process information about you, including your name, date of birth, address, contact details (including email address and mobile phone number), product and service details, purchase history and data collected as part of any finance application or payment (including previous addresses, employment details and bank account details). We may take personal information from:
Personal data we receive will be used for the purposes it was provided, including:
In accordance with your preferences, we may also use your personal information to provide you with information about products, services, promotions, and offers that may be of interest to you. We may use your personal information in order to ascertain the services, promotions, and offers that are likely to be of particular interest to you. This document explains how you can change whether to receive this information. Please note that, even if you choose not to receive this information, we may still use your personal information to provide you with important service communications, including communications in relation to any purchases you make or services you use.
How to change your preferences
We operate in line with EU GDPR (May 2018) data protection guidelines. We respect your rights and will respond to any request for access to personal information and requests to delete, rectify, transfer, data, and to stop processing. We will also advise you on how to complain to the relevant authorities, namely the Information Commissioner's Office. Any requests or objections should be made in writing to the Data Controller or you can visit our website, call, or email us to contact us to change your preferences at any time.
Scope of Agreement
By submitting your personal data on this site or as required for us to provide products and services to you, you are affirming your agreement for such information to be used in accordance with this privacy policy. You will be able to change your preferences at any time by the methods described as prescribed in this document.
We may from time to time use your information for marketing, account management or relationship management purposes. The main purpose of this is to provide you with information about goods and services which we think may be of interest to you and/or to maintain any existing relationship we may have with you.
Opting out at a later date
Where you give your consent for us to process your data, for example when you agree to us sending you marketing information or where you agree to us processing financial data, you can contact us to amend or withdraw your consent at any time. You can also choose to object to processing and request deletion of your data. We respect all user rights as defined in GDPR. If you have any comments or wish to complain please contact us.
How we store and process your data
Your data will be collected stored and processed in the UK only, we do not transfer your data outside the EU. Your data will be stored for up to 7 years to ensure we have records of service, payments, and other interactions we have with you.
To provide or services to you we use recognized third parties to take payment, conduct credit reports and other checks, manage our company accounts, and provide banking services. We will store transactions, payment, and order data for up to 7 years or for as long as required by UK financial and company regulations. These third parties may operate outside the EU, if this is the case, we will ensure precautions are in place to protect your data.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us. If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may be legally obliged to disclose your personal information without your knowledge to the extent that we are required to do so by law; in connection with any ongoing or prospective legal proceedings; in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information].
You will only receive marketing communications from us if you have:
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Our obligations
We are a data controller. In relation to the information that you provide to us, we are legally responsible for how that information is handled. We will comply with the Data Protection Act 1998 and the GDPR (2018) in the way we use and share your personal data. Among other things, this means that we will only use your personal data:
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Third Parties
We may have to share your personal data with the parties set out below for the purposes described in this document:
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We will report any breaches or potential breaches to the appropriate authorities within 24 hours and to anyone affected by a breach within 72 hours. If you have any queries or concerns about your data usage, please contact us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
As well as your ability to accept or reject cookies, we also require your permission to store cookies on your machine, which is why when you visit our site, you are presented with the ability to accept our terms of use, including the storage of cookies on your machine. Should you not accept then you are free to leave our website, at any time.
Legitimate Interests
Under the Data Protection Act, we are also permitted to share some information with third parties who use such data for non-marketing purposes (including credit and risk assessment and management, identification and fraud prevention, debt collection and returning assets to you).
Contacting us, exercising your information rights and Complaints
If you any questions or comments about this Privacy Policy, wish to exercise your information rights in connection with the personal data you have shared with us or wish to complain, please contact: The Data Protection Officer at Best Resortd Ltd..We will process SARs within 20 days, SAR responses are usually free but we reserve the right to charge for excessive or unfounded requests. We fully comply with Data Protection legislation and will assist in any investigation or request made by the appropriate authorities.
If you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
www.ico.org.uk
Wycliffe House
Please read these Listing Terms of Service (“Terms”) carefully. They contain important information about your rights and obligations. You agree to comply with these Terms by using the BAJA-MALIBU MARKETING platform.
These Terms constitute a legally binding agreement (“Agreement”) between you and Best Resorts (“BAJA-MALIBU MARKETING”) and governs your access to the BAJA-MALIBU MARKETING website.
Hosts alone are responsible for identifying, understanding, and complying with the rules and regulations set forth by their Vacation Club, Resort, or Property Company before publishing a Listing on BAJA-MALIBU MARKETING.
When these Terms mention “BAJA-MALIBU MARKETING,” “we,” “us,” or “our,” it refers to GO BAJA-MALIBU MARKETING INC.
DISCLAIMER:
The goal of the BAJA-MALIBU MARKETING platform is to facilitate marketing and rental transactions, between individual property owners and guests. These are private transactions between the property owner and potential renters. It is the responsibility of the property owner to ensure all policies of the property brands in regard to their listing, points, or weeks are legally eligible to allow for guest certificate. In every event BAJA-MALIBU MARKETING will not be held liable under any circumstances for any failure of property owners not following their brand's legal obligations in relation to renting.
BAJA-MALIBU MARKETING’s makes possible transactions between property owners and renters. BAJA-MALIBU MARKETING members agree and acknowledge that usage of BAJA-MALIBU MARKETING’s platform and services are for personal and non-commercial use. Property owners are required to understand and abide by all of the rules and regulations set by their property ownership agreements. If property owners are acting in a way contrary to their respective property company, the member must subsequently and immediately cease & desist any rental activity on BAJA-MALIBU MARKETING immediately. Additionally, BAJA-MALIBU MARKETING members are required to immediately alert us with any updates or changes to the status of their property ownership account. Failure to comply may result in permanent account suspension on BAJA-MALIBU MARKETING and/or monetary damages. Malibu-Marketing reserves the right to immediately suspend any account without prior warning.
The BAJA-MALIBU MARKETING marketplace enables registered users (“Members”) and parties who offer services (Hosts) to publish such Host Services on the BAJA-MALIBU. This online platform (“Listings”) and to transact directly with Members that are seeking to book such Host Services (Guests). Host Services may include the offering of vacation and other properties for use (Accommodations). These Accommodations are located within Resort properties (Resorts) that are managed and maintained by third parties including but not limited to Vacation Clubs or Property Companies.
Hosts are solely responsible for their Listings and are subject to Host Terms of service. When Members make or accept a Booking of a Listing (Booking), they are entering into a contract (Booking Agreement) directly with each other (See Section 23). BAJA-MALIBU MARKETING is not a party to any contractual relationship between Members. BAJA-MALIBU MARKETING is not acting as an agent for any user, except as specified in issuing payments.
BAJA-MALIBU MARKETING does not have control over the quality, suitability, or legality of any Listing. BAJA-MALIBU MARKETING does not endorse or verify any Member or Listing.
The BAJA-MALIBU MARKETING Platform may contain links to third-party resources, such third-party resources are subject to different terms of service and privacy policies. BAJA-MALIBU MARKETING is not responsible for the availability or accuracy of these third-party services.
BAJA-MALIBU MARKETING reserves the right to, without notice perform maintenance or work to improve site functionality. We cannot guarantee against interruptions due to the nature of the Internet. We will do all possible to advise members of upcoming, scheduled maintenance as a courtesy, if possible.
To be eligible to use the BAJA-MALIBU MARKETING Platform you must be an individual at least 18 years of age. Member verification on the internet is complex, BAJA-MALIBU MARKETING does not assume responsibility for the confirmation of a member’s identity. For transparency and fraud prevention purposes as permitted by applicable laws, BAJA-MALIBU MARKETING may, but have no obligation to (a) ask Members to provide a form of government identification or conduct additional checks to help verify identities or backgrounds of Members (b) screen Members on third party databases (c) obtain reports from public records of criminal convictions or sex offender registrations.
BAJA-MALIBU MARKETING reserves the right to modify these Terms at any time. Your continued use of the site will serve as acceptance of any and all changes in addition to existing terms and conditions.
You must register an account to access features of the BAJA-MALIBU MARKETING Platform, such as creating a Listing or booking a Listing.
You can register a BAJA-MALIBU MARKETING account using a verified email address and creating a password, and providing any and all required information on our registration form. It is the responsibility of the member to keep all information up-to-date and accurate. Member account cannot be transferred to any other member or party. Members should always keep all account security information private. Any breach of account security should be reported to Baja-Malibu Marketing immediately.
You will not use, copy, adapt, modify, license, transfer, or sell the BAJA-MALIBU MARKETING Platform and its collective content, except for personal and non-commercial use.
BAJA-MALIBU MARKETING charges commission fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the BAJA-MALIBU MARKETING Platform. The introductory Host Fee is 0% of a booking. The Guest Fee is 10% which covers Listing, Marketing services, and credit card processing. Resort Fees (“Resort Fees”) may be collected at the Accommodation at check-in or check-out, which may include, but not limited to; amenities, incidentals, utility surcharges, security deposit, telephone use charges, service charges, personal charges, amenity usage, housekeeping, occupancy tax or applicable taxes. It is the responsibility of the Host to disclose any applicable Resort Fees that a Guest may be charged. These fees are determined and levied by the Accommodation and are the responsibility of the Guest to pay at the Accommodation.
Any applicable Service Fees (including applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. BAJA-MALIBU MARKETING reserves the right to change the Service Fees at any time and will provide members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to BAJA-MALIBU MARKETING. The applicable Service Fees (including any applicable Taxes) are collected by BAJA-MALIBU MARKETING. BAJA-MALIBU MARKETING will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by BAJA-MALIBU MARKETING. Except as otherwise provided on the BAJA-MALIBU MARKETING Platform, Service Fees are non-refundable.
Terms applicable to all listings
As a Host, you must be legally able to rent the Accommodation in your Listing during the designated period indicated in the calendar availability.
As a Host, you are responsible to adhering to adhere to the following:
You are responsible for keeping your Listing information (always including calendar availability) up to date. By uploading a Listing with a Reservation Number, you are providing consent to BAJA-MALIBU MARKETING to contact the Vacation Club or Property Company where you have ownership to verify the accuracy of the Listing. BAJA-MALIBU MARKETING checks that the Reservation Name, Resort, Unit Type, and Calendar Availability match with the Reservation Number provided by the Host.
Unless otherwise explicitly indicated, you are solely responsible for all costs charged by your property company required to list, rent and successfully check in a guest from a successful rental. This includes – but is not limited to – guest certificate updates, booking fees, reservation fees, cleaning fees, or fees related to rescuing or banking points as it relates to any booking, Hub fulfillment or any other use on the BAJA-MALIBU MARKETING platform.
You are solely responsible for setting a price (and disclosing any Resort Fees or Taxes if applicable, that a Guest may incur at the Accommodation) for your Listing (“Listing Fee”). Resort Fees or fees a Guest may incur upon check-in or check-out at the Accommodation, which may include; amenities, incidentals, utility surcharges, security deposit, telephone use charges, service charges, personal charges, amenity usage, housekeeping, occupancy tax or applicable taxes. These fees are determined and levied by the Accommodation and are the sole responsibility of the Guest.
Setting a list price implies that you are willing and able to accept that price for that stay. Attempting or requesting to alter, amend or increase the listing price in any way after a booking has been requested or confirmed is not allowed and not an acceptable reason to decline a booking.
When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Accommodation to the Guest as described when the booking request is made, including updating a Guest Certificate (“Guest Certificate”). A Guest Certificate is the document that effectively transfers the Accommodation’s rights of use to the Guest.
Declining a booking request by a Guest will have a negative impact on your ability to Host on the BAJA-MALIBU MARKETING Platform. BAJA-MALIBU MARKETING will review, at its sole discretion, the circumstances for the decline and may lead to account suspension.
The placement and ranking of Listings in search results on the BAJA-MALIBU MARKETING Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, price and calendar availability, or reviews and ratings.
Any Host listing on the BAJA-MALIBU MARKETING platform gives BAJA-MALIBU MARKETING the right to use proprietary images and descriptions of the club or resort where the Host maintains a deeded interest of co-ownership for the express purpose of marketing the Host(s) listing(s). BAJA-MALIBU MARKETING is not affiliated with any property company and only represents individual property owners (Hosts).
Listing Accommodations
Accommodations on BAJA-MALIBU MARKETING are located within a Resort (“Resort”) that is maintained by a third party, Vacation Club, or Property Company where the Host has a share of ownership and transferable rights to allow a Guest to use the Accommodation.
You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will not breach any agreements you have entered into with any third parties, such as your Home Resort, Vacation Club, Homeowners Association, or the like; and comply with all applicable laws, Tax requirements, and other applicable rules and regulations. As a Host, you are responsible for your own acts and omissions and the omissions of any individuals who are present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guests invited to the Accommodation.
Unless expressly allowed by BAJA-MALIBU MARKETING, you may not list more than one Accommodation per Listing.
For the avoidance of doubt, the Host acknowledges that BAJA-MALIBU MARKETING is not responsible, under any circumstances, for the management, or ongoing management, of your listing (s). Further BAJA-MALIBU MARKETING does not guarantee your rental and is not responsible for any loss or damages that may come from any and all of the aforementioned statements.
Terms applicable to all bookings
When booking through BAJA-MALIBU MARKETING, Guests are NEVER required to attend a sales presentation as part of their stay. As a Guest, you have the right to decline any invitation to attend a property presentation offered by the resort or 3rd party marketing company related to this stay. BAJA-MALIBU MARKETING and its affiliates will never ask you to attend a presentation.
Subject to meeting any requirements (such as completing any verification processes) set by BAJA-MALIBU MARKETING and/or Host, you can book a Listing available on the BAJA-MALIBU MARKETING Platform by following the booking process. All applicable fees, including the Listing Fee, Guest Fee, Booking Fee, any applicable Taxes, and Resort Fees (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your BAJA-MALIBU MARKETING account.
Upon receipt of a booking confirmation from BAJA-MALIBU MARKETING, a legally binding agreement is formed between you and your Host, including in particular the BAJA-MALIBU MARKETING Cancellation Policy and any rules and restrictions specified in the Listing and/or within these Terms. BAJA-MALIBU MARKETING will collect the applicable Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the payment terms.
Photo identification is required at check in along with major credit card and must match the name provided at the time of Booking. The Guest checking in must be the minimum age as dictated by the resort.
Booking Accommodations
You understand that a confirmed booking of an Accommodation is a limited license granted to you by the Host to enter, occupy, and use the Accommodation for the duration of your stay.
Please contact Accommodation directly for assistance if you anticipate a late check-in.
If a Guest requires to check in assistance, please contact BAJA-MALIBU MARKETING immediately.
You agree to leave the Accommodation no later than the checkout time that is specified in the Listing. You agree that any overstay will allow BAJA-MALIBU MARKETING to charge all fees and or pro-rated costs associated with the amount of time overstayed. This will be done in 24 hour increments. This charge will be immediate and is uncontestable.
The Guest cannot exceed the maximum occupancy indicated on the Listing. Failure to comply with the maximum occupancy may result in termination of the reservation without issuing a refund.
As a Guest, you acknowledge that pets are not permitted in certain Accommodations. Failure to follow this policy may lead to additional fees or cancellation of your booking without a refund.
When occupying the accommodation of the owner as a guest you are not authorized, under any circumstances, to charge any incurred expenses during your stay to the owner’s account. Such expenses, if any, are the sole responsibility of the guest to settle directly with the resort. Failure to do so will result in legal action taken against you and removal from BAJA-MALIBU MARKETING.
Hosts and Guests are responsible for any modifications to a booking that they make via the BAJA-MALIBU MARKETING Platform or direct BAJA-MALIBU MARKETING customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees, or Guest Fees, Resort Fees and/or Taxes associated with such Booking Modifications.
10(a). Guest Cancellations
Unless the following Host cancellation terms are applied.
then a Guest cancelling a confirmed booking will not receive a refund. The Listings provided on the BAJA-MALIBU MARKETING Platform are provided on a first come, first served basis. BAJA-MALIBU MARKETING highly recommends you purchase travel insurance to cover unforeseen circumstances that might prohibit your ability to utilize a Booking.
It is the Guest's responsibility to communicate the correct name of the Guest checking in while booking a Listing. Booking Modifications, including but not limited to a Guest name changes after a Booking is confirmed are handled on a case-by-case basis and are not guaranteed.
Guests, please note and read the cancellation policies on this listing prior to booking. It is the Guest sole responsibility to do so. BAJA-MALIBU MARKETING represents individual property owners (Hosts) insofar as permitting Hosts to list their rental property on the BAJA-MALIBU MARKETING platform. BAJA-MALIBU MARKETING is not responsible for the Host’s cancellation policy and indemnifies itself from this. Hosts are solely responsible for setting their own cancellation policies. These cancellation policies are based on the Hosts’ exposure in relation to risk and financial loss.
Once the Host cancellation deadline has passed BAJA-MALIBU MARKETING is not, and will never be, in a position to offer a refund in full or in part including but not limited to natural disasters, airline-induced flight issues or delays. Possible exceptions to this would only relate to full resort closures, not partial closure or closure of any certain amenities. We strongly recommend purchasing travel insurance to protect you from any unforeseen circumstance that occurs outside the cancellation period.
BAJA-MALIBU MARKETING attempts to notify hosts in the event of cancellation, by various communications. Hosts are responsible for checking their BAJA-MALIBU MARKETING Dashboard regularly, to ensure proper action is taken on reservations associated with cancelled bookings, and should not solely rely on these notifications. BAJA-MALIBU MARKETING will not be responsible for any costs associated with a reservation not cancelled with the host’s resort or Club.
10(b) Host Cancellations
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such a booking. Further, BAJA-MALIBU MARKETING may keep the Listing unavailable or blocked for the dates of the cancelled booking, and/or impose a cancellation fee on the Host, suspend your Membership, unless the Host has a valid reason for cancelling as determined by BAJA-MALIBU MARKETING (which may include natural disasters, or other scenario that poses an immediate risk to the Guest’s safety).
10(c) Declined Bookings
While being within an active marketplace BAJA-MALIBU MARKETING strives to always to present and ensure the highest of standards when verifying listings to guarantee that the listings are bookable and accurate prior to the posting of the listing.
Managing your BAJA-MALIBU MARKETING account is important. It will be expected that all your active listing registered on Baja-Malibu.com are available for rent at the price indicated on Baja-Malibu.com and that said prices are maintained by you.
Therefore, BAJA-MALIBU MARKETING Hosts will be held liable and accountable for maintaining the integrity of said listings especially where that listing is or has become unavailable. The BAJA-MALIBU MARKETING Host must do this by removing the listing immediately.
When signing with BAJA-MALIBU MARKETING you are agreeing to these terms without reserve. If these terms are breached BAJA-MALIBU MARKETING will have the right to suspend, revoke or terminate your account. This will be at BAJA-MALIBU MARKETING’s discretion. BAJA-MALIBU MARKETING will charge a $50 non-refundable administration fee when a booking is declined by its respective Host.
Cancellation policy set by the Host:
Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host:
The Guest needs to ensure that they have acknowledged one of the above options if associated with the listing
10(d). BAJA-MALIBU MARKETING Cancellations
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
If a Host and/or Resort claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host and/or Resort can seek payment from you through Customer Service. If a Host escalates a Damage Claim to BAJA-MALIBU MARKETING, you will be given an opportunity to respond. If you agree to pay the Host and/or Resort, or BAJA-MALIBU MARKETING determines in its sole discretion that you are responsible for the Damage Claim, BAJA-MALIBU MARKETING will, after the end of your stay, collect any such sums from you required to cover the Damage Claim. BAJA-MALIBU MARKETING also reserves the right to otherwise collect payment from you and pursue any remedies available to BAJA-MALIBU MARKETING in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
(a) Property Owner Taxes: As Property Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes"). BAJA-MALIBU MARKETING shall not be liable or responsible for any such Taxes.
(b) Tax Information: In certain jurisdictions, applicable law may require that BAJA-MALIBU MARKETING collect and/or report Tax information about the Property Owner, or withhold Taxes from payouts to the Property Owner, or both. If the Property Owner shall fail to provide to BAJA-MALIBU MARKETING documentation that BAJA-MALIBU MARKETING determines to be sufficient to support any such obligation to withhold Taxes from payouts to the Property Owner, BAJA-MALIBU MARKETING may withhold payouts to the Property Owner up to the amount BAJA-MALIBUMARKETING determines is required by law, until sufficient documentation is provided. The Property Owner agrees that BAJA-MALIBU MARKETING may issue on the Property Owner’s behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by the Property Owner, your Guests, and/or their organizations.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the BAJA-MALIBU MARKETING Platform. This is comprehensive and represents all applicable terms covered and not covered in these terms and conditions. BAJA-MALIBU MARKETING reserves the irrevocable right to suspend or terminate any transaction, membership or participation at it’s sole discretion at any time, without notice for any breech or transgression as it sees fit. By accepting these terms you agree that any and all actions taken while using our platform are subject to our right to monitor, judge and action without recourse if we feel any laws or terms are in violation in our opinion.
You acknowledge that BAJA-MALIBU MARKETING has the right to monitor the access to or use of the BAJA-MALIBU MARKETING Platform by any Member, in order to determine overall compliance.
The effective term of this agreement is for 30 it will automatically and continuously renew for subsequent 30-day terms until such a time when you or BAJA-MALIBU MARKETING terminate the Agreement in accordance with this provision.
BAJA-MALIBU MARKETING may immediately, without notice, terminate this Agreement and/or stop providing access to the BAJA-MALIBU MARKETING Platform if you have materially breached your obligations under these Terms, the payments terms, our policies or standards, you have violated applicable laws, regulations or third party rights, or BAJA-MALIBU MARKETING believes in good faith that such action is reasonably necessary to protect the personal safety or property of BAJA-MALIBU MARKETING, its Members, or third parties (for example in the case of fraudulent behavior of a Member). It is the express right of BAJA-MALIBU MARKETING to pursue legal recourse at its sole discretion for any breach determined to warrant such actions.
If you choose to use the BAJA-MALIBU MARKETING Platform or Collective Content, you do so voluntarily and at your sole risk. The BAJA-MALIBU MARKETING Platform and Collective Content is provided “as is,” without warranty of any kind, either express or implied.
Accommodations will be available for check-in on or around the time indicated by the resort and may be subject to delay.
Accommodation amenities may change and are determined by each Resort. A copy of the Accommodation’s amenities may be acquired upon check in at the Accommodation.
Accommodation images, (including but not limited to floor plans or interior furniture) are representative of the Accommodation and may vary between individual units.
The Accommodation will assign a specific unit on the property. Unit views, floor, amenities, and location on the Accommodation property is not guaranteed.
You agree that you have had whatever opportunity you deem necessary to investigate the BAJA-MALIBU MARKETING Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by BAJA-MALIBU MARKETING relating to a Listing.
If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your stay and to the maximum extent permitted by law, you agree to release and hold harmless BAJA-MALIBU MARKETING from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during your stay.
You acknowledge and agree that, to the maximum extent permitted by law (See Section 22), the entire risk arising out of your access to and use of the BAJA-MALIBU MARKETING Platform and Collective Content, your publishing or booking of any Listing via the BAJA-MALIBU MARKETING Platform, your stay at any Accommodation, or any other interaction you have with other Members whether in person or online remains with you.
To the maximum extent permitted by applicable law, you agree to release, defend (at BAJA-MALIBU MARKETING’s option), indemnify, and hold BAJA-MALIBU MARKETING and its affiliates and subsidiaries, including but not limited to, BAJA-MALIBU MARKETING’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms or our policies or standards, your improper use of the BAJA-MALIBU MARKETING Platform, your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.
17(a). Indemnification (cancellations)
The Host shall indemnify BAJA-MALIBU MARKETING against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs and all other reasonable professional costs and expenses suffered or incurred by BAJA-MALIBU MARKETING arising out of or in connection with all actions on our platform.
You agree that all matters relating to your access or use of our services, inclusive of all disputes will be governed by the laws of the United Kingdom, without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the courts in United Kingdom, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between any party arising out of or in connection with the use of our services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (Not to exceed (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
