Terms & Conditions
Thank you for renting a home from Gather Vacations!
References to Gather Vacations Inc. (“Gather” or the “Company”) and its registered professional trade name, Elite Pacific (“Elite Pacific”), are used interchangeably throughout these Terms & Conditions and represent the same licensed brokerage and management company in the states of Hawaii, California & Washington.
GUEST RESPONSIBILITY
The following Terms & Conditions are an important part of your stay and form part of your Rental Agreement (“Rental Agreement”). Any payment made to Gather Vacations for the occupancy of a rental property (the “Property”) constitutes acceptance of these Terms & Conditions and confirms your reservation (the “Reservation”). We kindly ask that you review them carefully.
For legal and accounting purposes, the person placing the Reservation must be the same as the credit cardholder. This person is considered the Guest (“Guest”). The Guest must be at least 21 years of age and remains responsible for the Reservation at all times.
All other persons occupying, visiting, or invited to the Property by the Guest, including members of the Guest's party, invitees, guests, and visitors, are collectively referred to as the “Guest Party.”
All policies are strictly enforced. It is the responsibility of the Guest and the Guest Party to be familiar with and comply with all policies applicable to the Reservation. The Guest understands and agrees that all communication regarding the Reservation, cancellation policies, charges, damages, and other matters relating to the Rental Agreement will be conducted with the Guest and not members of the Guest Party.
For the safety and security of our Guests, homeowners, and Properties, Guest verification is required prior to arrival. Verification instructions will be provided through Gather's secure communication platform and must be completed before check-in. Information collected during the verification process is used solely for identity and reservation verification purposes and will be handled in accordance with applicable privacy requirements. Failure to complete the verification process may result in cancellation of the Reservation or denial of access to the Property.
Guest Communications and Marketing Consent
By providing an email address or telephone number in connection with a Reservation, the Guest consents to receive communications from Gather relating to the Reservation and Gather's services. These communications may be made by email, telephone call, or text message and may include, without limitation, booking confirmations, arrival information, property access details, guest verification requests, service and stay-related updates, and other communications necessary to administer or support the Reservation.
Subject to applicable law and the Guest's communication preferences, Gather may also use the contact information provided in connection with a Reservation to send marketing and promotional communications by email or text message, including information about properties, destinations, special offers, promotions, services, and other Gather news or opportunities that may be of interest to the Guest.
Consent to receive marketing or promotional communications is not a condition of making a Reservation from Gather. Message and data rates may apply to text messages, and message frequency may vary.
Guests may opt out of marketing communications at any time by using the unsubscribe instructions provided in an email, replying STOP to a text message, or contacting customerservice@gathervacations.com regarding communications associated with their Reservation. Opting out of marketing communications will not prevent Gather from contacting a Guest regarding an existing Reservation, transaction, safety matter, or other service-related communication where permitted or required by law.
Gather's collection, use, and processing of personal information, including information used for marketing purposes, is further described in Gather's Privacy Policy.
PAYMENTS, CANCELLATIONS & FEES
Payment Terms
Reservation deposits and balance payments are due in accordance with the payment schedule outlined in the Rental Agreement. The Reservation total may be adjusted if additional services, amenities, or fees are added before or during the stay, including but not limited to travel protection, concierge services, mid-stay cleanings, additional guests, pool heating, or other requested services.
The Guest is required to provide a valid Visa, MasterCard, American Express, or Discover card at the time of booking, regardless of the selected payment method. The card provided must remain valid through the completion of the stay.
If a scheduled payment is not received by the applicable due date, Gather will make reasonable efforts to contact the Guest. Failure to remit payment when due may result in cancellation of the Reservation, with all funds retained in accordance with the Reservation’s cancellation policy outlined in the Rental Agreement and the Guest Portal. Unless alternative arrangements have been approved in advance, Gather reserves the right to charge any outstanding balance to the payment method on file on or after the final payment due date.
Credit Card Processing Fees
Credit card processing fees are assessed by independent third-party payment processors and are non-refundable. In the event a Reservation is cancelled and a refund is otherwise due under the applicable cancellation policy, any credit card processing fees previously incurred will not be refunded.
Additional Charges & Taxes
Additional charges may apply depending on the Property and Reservation details, including but not limited to resort fees, additional guest fees, required mid-stay cleanings, utility overages, pool heating, pet-related fees, excessive cleaning charges, damage-related charges, or other services requested by the Guest.
State, county, municipal, and other applicable taxes are established by governmental authorities and may change without notice. Reservations are subject to all taxes in effect at the time of occupancy, and the Guest remains responsible for any resulting increase in taxes or government-imposed fees that become applicable after the Reservation is confirmed.
Cancellation, Reservation Changes & Unforeseen Circumstances
GUEST CANCELLATIONS
Cancellations terms for your Reservation can be found in your Guest Portal, made available upon payment.
All cancellation requests must be submitted in writing by the Guest. Reservations made through third-party booking channels may be subject to additional terms and cancellation policies imposed by those providers.
Reservation date changes or modifications are not guaranteed once a Reservation has been confirmed and remain subject to availability, applicable fees, and approval by Gather.
Guests are encouraged to purchase travel protection insurance, where available, to help safeguard against unexpected changes, interruptions, or cancellations that may impact travel plans.
OTHER CANCELLATIONS
If Gather is unable to provide access to the property for any reason, Gather or the homeowner may cancel the reservation, issue a rebooking credit and/or refund the Guest. This comes at the sole discretion of Gather. Circumstances may include the sale of the Property, a change in property management, government restrictions, changes in applicable laws, or conditions that make the Property unsafe or unavailable for occupancy.
WEATHER, POWER OUTAGES, AND NATURAL DISASTERS
Gather does not automatically issue refunds for weather events, road closures, power outages, or other circumstances beyond our control that affect travel plans or a Guest's stay. This includes foreseeable seasonal weather events, such as hurricanes and tropical storms in tropical destinations, which are a known part of travel to these areas. Changes in forecasts, storm advisories, government declarations of emergency, or concerns about potential weather impacts do not, on their own, qualify for a refund or cancellation without penalty.
If a weather event or other disruption affects travel plans but the Property remains accessible and available for occupancy, the Reservation's cancellation policy will apply as found in the Guest’s Guest Portal provided at the time of Reservation. Guests are strongly encouraged to purchase travel protection insurance to help protect against unexpected travel disruptions and other covered losses.
If the Property becomes uninhabitable or inaccessible due to a significant event, Gather will assess the circumstances and applicable Reservation terms to determine an appropriate resolution. Where permitted, options may include rescheduling the Reservation,, receiving a future travel credit for the same Property, or a refund, depending on the situation.
These terms are subject to applicable law and any mandatory cancellation or refund requirements imposed by the booking platform through which the reservation was made.
Gather will monitor significant weather events and share pertinent updates as information becomes available. Because weather conditions and their potential impacts can change quickly, Guests should consider their individual travel protection needs before and during their stay.
ENVIRONMENTAL DISCLOSURE
Guests acknowledge that Hawaii and other destinations may be exposed to natural hazards, including hurricanes, tropical storms, flooding, tsunamis, volcanic activity, and other environmental events. Guests are encouraged to familiarize themselves with local emergency procedures, evacuation routes, and guidance issued by local authorities.
Gather recommends purchasing travel protection insurance to help cover eligible losses arising from unforeseen circumstances. Coverage varies by policy, and Guests should review their policy terms carefully.
Properties in tropical environments may occasionally experience the presence of geckos, insects, and other pests despite routine pest-control efforts. The presence of these animals does not automatically qualify a Reservation for a refund. Guests should promptly report pest-related concerns to Gather so the situation can be assessed and addressed as appropriate.
OCCUPANCY & USE OF PROPERTY
Minimum stay requirements vary by Property and may be subject to applicable state, county, municipal, community, or zoning regulations. Certain Properties may require extended minimum stays in accordance with local laws. For example, properties located on O‘ahu outside of resort-zoned areas may be subject to minimum rental periods required by the City and County of Honolulu.
The Property is provided solely as a private vacation residence for the Guest and Guest Party. Commercial activities, business operations, filming, photography shoots, events, parties, weddings, receptions, gatherings, or other non-residential uses are strictly prohibited unless expressly approved in writing by Gather. Additional fees, permits, security requirements, or occupancy restrictions may apply to approved activities.
The Guest must personally occupy the Property for the duration of the Reservation and may not assign, transfer, sublicense, or sublet any portion of the Reservation or Property to another party.
The Property may not be used for any unlawful purpose or in any manner that disturbs neighboring properties, violates community or homeowner association rules, creates excessive noise, or interferes with the quiet enjoyment of others.
Occupancy is limited to the maximum number of guests permitted for the Property and may not exceed the occupancy stated in the Reservation. Unless otherwise specified, occupancy limits are generally based on two guests per bedroom. Certain Properties offer tiered pricing based on occupancy, and in such cases the approved occupancy will be limited to the number of guests identified in the Reservation.
The Guest is responsible for providing the names of all occupants prior to arrival and for notifying Gather of any requested occupancy changes before check-in. Additional occupants are subject to approval and may be subject to additional fees. Unauthorized occupants, visitors, or overnight guests may result in additional charges, denial of access, or termination of the Reservation without refund.
PROPERTY CARE & COMMUNITY STANDARDS
Respect for the Property
Each Property in our collection is individually owned and thoughtfully maintained. While prepared to welcome Guests, every Property remains a private residence rather than a hotel accommodation. We invite Guests to make themselves at home while treating the Property, its furnishings, amenities, and surrounding community with the same care and consideration they would extend to their own home.
Guests are encouraged to promptly report any maintenance concerns, missing items, damage, or conditions requiring attention upon arrival or during their stay so that they may be addressed appropriately. A full inventory is maintained for each Property, and Guests may be responsible for any loss, damage, excessive cleaning, repairs, or replacement costs resulting from the actions of the Guest or Guest Party.
Care of the Home
The Property has been intentionally arranged to balance both comfort and functionality. Furnishings, décor, appliances, and amenities should be used only for their intended purpose and in accordance with any instructions provided. Furniture should remain in its designated location, and indoor and outdoor furnishings should not be interchanged without prior approval.
To help preserve furnishings and finishes, Guests are asked to exercise reasonable care throughout their stay, including promptly addressing spills and avoiding practices that may cause unnecessary wear or damage. Where practical, sunscreen and body oils should be allowed to absorb before using upholstered furnishings, and wet items should not be placed on furniture, railings, or other finished surfaces.
Many homes observe local customs that encourage removing shoes upon entering the residence. While not required, Guests are encouraged to do so whenever practical to help preserve interior flooring and finishes.
Residential Communities & Good Neighbor Policy
Many Properties are located within residential communities where privacy, quiet enjoyment, and respect for neighbors are highly valued. Guests are expected to comply with all applicable community rules, homeowner association requirements, parking regulations, occupancy limitations, and local ordinances.
Parties, events, commercial activities, or gatherings exceeding the approved occupancy are not permitted unless expressly authorized in writing by Gather. Excessive noise, disruptive behavior, or conduct that interferes with neighboring residents may result in additional charges, restricted access to amenities, or termination of the Reservation without refund.
Guests are expected to observe applicable quiet hours established by the Property, community, or local regulations.
Smoking, Pets & Wildlife
Smoking, vaping, and the use of illegal substances are prohibited except where expressly permitted by the Property. Guests remain responsible for all costs associated with cleaning, deodorization, repairs, remediation, loss of rental income, or other damages resulting from violations of this policy.
Pets are not permitted unless specifically approved in writing or identified within the Property listing. Unauthorized animals may result in additional charges, including cleaning, remediation, repair, or damage-related costs.
Trained service animals assisting individuals with disabilities are welcome in accordance with applicable laws. While not required, Guests are encouraged to notify Gather prior to arrival so appropriate arrangements may be made. Service animals must remain under the handler's control at all times and may not be left unattended at the Property.
Many Properties are located within unique natural environments. Guests are asked to respect local wildlife and free-roaming animals, including stray cats and dogs, by observing them from a distance and refraining from feeding, approaching, or attempting to interact with them.
Housekeeping, Waste & Utilities
Housekeeping services are not included unless specifically stated in the Reservation; however, additional services may be available upon request for an additional fee.
Guests are expected to maintain the Property in a reasonably tidy condition throughout their stay and upon departure. Excessive cleaning resulting from misuse, smoking, unauthorized pets, excessive trash accumulation, or other unusual conditions may result in additional charges.
Waste and recycling should be disposed of in accordance with any Property-specific instructions provided before or during the stay. Food and refuse should not be left exposed, as doing so may attract insects, pests, or wildlife.
To help preserve resources and ensure the efficient operation of the Property's systems, Guests are asked to exercise reasonable care in their use of utilities. Air conditioning should not be operated with doors or windows open, and lights, appliances, and other systems should be turned off when not in use. Certain Reservations, particularly extended stays, may be subject to utility allowances or usage limitations as disclosed in the Reservation.
Only toilet paper and natural waste should be flushed through plumbing systems. Guests may be responsible for service calls, repairs, or damages resulting from improper use of plumbing, drainage, or wastewater systems.
Security & Personal Belongings
Guests are responsible for securing the Property throughout their stay, including ensuring that doors, windows, gates, and other access points are properly secured when leaving the residence or retiring for the evening. Where provided, safes, alarms, and security systems should be used in accordance with any instructions provided.
While Gather makes reasonable efforts to maintain the safety and security of each Property, neither Gather nor the Property owner shall be responsible for the loss, theft, or damage of personal belongings brought to or stored at the Property.
REGION SPECIFIC - PROPERTY TERMS
Gather conducts business in accordance with all applicable federal, state, and local fair housing laws.
Oʻahu Extended Stay Properties
Certain properties located on Oʻahu are subject to City and County of Honolulu land use regulations requiring minimum rental periods of thirty (30) consecutive days or longer. For these Properties, the Reservation is subject to all applicable county requirements, and the Property is reserved exclusively for the Guest for the full rental term specified in the Rental Agreement.
The Reservation must constitute one continuous rental by the Guest and the Guest’s authorized occupants for the full required rental term. The primary Guest named on the Reservation must remain the responsible contracting guest throughout the rental term and retain the right to occupy the Property for the entire rental term, regardless of the number of days the Property is actually used or occupied.
The Reservation may not be assigned, transferred, sublicensed, divided, or otherwise used to facilitate separate or successive stays by different individuals or groups during the required rental term. The Property may not be used to accommodate rotating groups of occupants in a manner that would effectively create multiple shorter stays within a single Reservation. Any material change to the registered occupants during the rental term must be disclosed to and approved by Gather and must comply with applicable law, the Property’s maximum occupancy, and the Rental Agreement.
The Guest acknowledges that the Reservation has been established in accordance with applicable local requirements. Any attempt to assign, transfer, sublicense, divide, or otherwise use the Reservation or Property in a manner inconsistent with applicable law or the Rental Agreement may result in immediate termination of the Reservation and any other remedies available under these Terms & Conditions.
Hawaii Big Island Extended Stay Properties
Certain properties located within Hawaii County are subject to zoning and land use regulations requiring minimum rental periods of thirty-one (31) days or longer. For these Properties, the Reservation is subject to all applicable county requirements, and the Property may not be rented to or occupied by other parties during the rental term covered by the Rental Agreement.
The Guest acknowledges that rental charges are based upon the Arrival Date and Departure Date specified in the Reservation. If the Guest occupies the Property beyond the approved Reservation dates, additional rental charges, applicable taxes, and related fees may apply. The Guest authorizes Gather to charge the payment method on file for any such additional charges including a credit card processing fee of 4.5%.
Hualālai Resort Properties
For Reservations located within the Hualālai Resort community, daily resort fees, club access fees, and other charges imposed by the resort are not included in the Reservation total unless expressly stated otherwise. Such fees remain the sole responsibility of the Guest and are payable directly to the resort.
Following confirmation of the Reservation, Gather may provide the Guest's information to the Hualālai Resort concierge or residential services team for registration purposes. Additional registration requirements, resort policies, access procedures, waivers, and payment authorizations may be required directly by the resort prior to or upon arrival.
Guests acknowledge that Hualālai Resort and the Four Seasons Resort Hualalai operate independently from Gather and the Property owner. Resort amenities, services, dining venues, recreational facilities, access privileges, operating hours, fees, and policies are established and administered exclusively by Hualālai Resort and Four Seasons Resort Hualālai and may be modified, restricted, suspended, or unavailable without notice.
Neither Gather nor the Property owner controls or guarantees the availability of any resort amenity, service, facility, or access privilege. Certain amenities may require advance reservations, additional fees, age restrictions, capacity limitations, seasonal availability, or participation in resort programs.
No refunds, discounts, credits, or compensation shall be provided for limitations, restrictions, closures, maintenance activities, special events, capacity controls, or modifications to resort amenities, services, or access privileges imposed by Hualālai Resort or Four Seasons Resort Hualālai.
Princeville at Hanalei Properties
Reservations located within the Princeville at Hanalei community are subject to all applicable community association rules and regulations, which are designed to preserve the quiet enjoyment and residential character of the neighborhood.
Guests acknowledge that activities creating excessive noise, disturbances, or nuisances may result in enforcement action by the Princeville Community Association (PCA) or its representatives. Examples of prohibited nuisance activity may include, but are not limited to, loud gatherings, amplified music, televisions or audio equipment played at excessive volumes, musical instruments, vehicle noise, spa or pool activity, or any other activity that unreasonably disturbs neighboring properties.
Guests are expected to exercise particular care during evening and overnight hours. Noise that is audible at neighboring property lines may be considered a violation of community rules, regardless of whether it originates from inside the Property or from outdoor areas such as lanais, patios, pools, spas, or driveways.
The PCA and its security personnel may impose fines or penalties for violations at any time of day or night. Current fine schedules may include assessments of approximately $150 per incident, increasing to $300 or more for violations occurring during designated quiet hours, with additional penalties potentially assessed for continued violations. Community associations reserve the right to modify fine schedules and enforcement policies without notice.
Any fines, penalties, administrative fees, assessments, legal costs, or other charges imposed upon Gather, the Property owner, or the Property as a result of actions by the Guest or Guest Party shall be the sole responsibility of the Guest and may be charged to the payment method on file in accordance with these Terms & Conditions.
Repeated violations, excessive disturbances, or failure to comply with community regulations may result in immediate termination of the Reservation without refund, in addition to any fines or penalties imposed by the community association.
AMENITIES, RECREATION & SAFETY
Enjoyment of Amenities
Many properties offer amenities designed to enhance the guest experience, which may include pools, spas, fitness equipment, beach gear, recreational equipment, watercraft, bicycles, and direct or nearby access to beaches and ocean activities. Availability of amenities varies by Property and may be subject to maintenance, weather conditions, safety considerations, community regulations, or operational limitations.
Guests are expected to use all amenities responsibly, follow any posted instructions or safety guidelines, and exercise reasonable care at all times. Amenities should be used only for their intended purpose and in accordance with all applicable laws, regulations, and community requirements.
Supervision & Safety
Guests are solely responsible for the supervision and safety of all members of the Guest Party throughout their stay. Children and individuals requiring assistance must be supervised at all times, particularly when using pools, spas, fitness equipment, recreational amenities, or when accessing beaches, shorelines, or ocean areas.
Certain Properties may offer additional safety features, including pool fences, upon request and subject to availability. Where available, such features may require advance notice and additional fees. The Guest remains solely responsible for determining whether additional safety measures are appropriate for members of the Guest Party.
Ocean & Natural Environment Awareness
Many Properties are located in unique coastal and tropical environments where ocean, beach, and weather conditions can change rapidly and without notice. Beaches in Hawai‘i are public, and neither Gather nor the Property owner can control ocean conditions, beach access, surf conditions, tides, currents, marine life, weather events, or the actions of third parties.
Guests are encouraged to exercise caution when participating in ocean or water-related activities and to follow all posted warnings, advisories, and safety recommendations. Lifeguards may not be present at all locations. If conditions appear unsafe or uncertain, Guests should avoid entering the water.
Recreational Equipment
Where recreational equipment is provided, Guests are responsible for inspecting equipment prior to use and refraining from use if any item appears damaged, unsafe, or unsuitable. Any concerns regarding equipment should be reported promptly to Gather or the Property Manager.
Use of recreational equipment, including but not limited to bicycles, paddleboards, kayaks, pool equipment, fitness equipment, beach equipment, and other recreational amenities, involves inherent risks. Guests voluntarily assume all risks associated with the use of such equipment and accept responsibility for any injury, damage, loss, or expense arising from its use.
Guests are responsible for the proper care, safe operation, and return of any recreational equipment provided at the Property.
Assumption of Risk
The Guest acknowledges that participation in recreational activities and use of Property amenities involves risks that cannot be entirely eliminated. By occupying the Property and utilizing any amenities, recreational equipment, pools, spas, beaches, ocean access points, or related facilities, the Guest and Guest Party voluntarily assume all associated risks.
To the fullest extent permitted by law, Gather, the Property owner, and their respective affiliates, employees, contractors, and representatives shall not be liable for any injury, illness, death, property damage, loss, accident, or claim arising from the use of Property amenities, recreational equipment, pools, spas, beaches, ocean access, or participation in recreational activities during the Reservation.
PROPERTY CONDITIONS & LIMITATIONS
Property Condition & Maintenance
Gather and Property owners make reasonable efforts to ensure that each Property is maintained in good condition and that all advertised systems, amenities, appliances, and equipment are operational at the time of arrival. However, occasional mechanical, electrical, utility, or equipment failures may occur despite regular maintenance and servicing.
Guests are encouraged to promptly report any maintenance concerns or inoperative equipment so that reasonable efforts may be made to address the issue. While Gather will work diligently to coordinate repairs when necessary, repair timelines may be affected by vendor availability, parts availability, weather conditions, island logistics, or other factors beyond Gather's control.
No refunds, rent reductions, or other compensation shall be provided for the temporary interruption, failure, or unavailability of non-essential systems, equipment, appliances, amenities, or services.
Utility & Service Interruptions
Properties may occasionally experience interruptions to electricity, water, internet, telephone, cable, satellite, cellular service, or other utilities and services due to circumstances beyond the control of Gather or the Property owner. Such interruptions may result from weather events, public utility actions, infrastructure failures, maintenance activities, government actions, public safety measures, or other unforeseen events.
While reasonable efforts will be made to restore services as quickly as possible when such interruptions occur, Gather cannot guarantee uninterrupted utility or communication services throughout a Reservation.
Construction & Neighboring Activity
Properties are located within active residential communities where construction, maintenance projects, landscaping activities, road work, utility work, or other neighboring activities may occur from time to time. Gather and the Property owners have no control over work performed on neighboring properties, community infrastructure, or public rights-of-way and cannot guarantee the absence of construction-related noise, dust, vibrations, traffic disruptions, or other temporary inconveniences.
While Gather makes every reasonable effort to advise Guests of known, significant construction projects that may materially impact a stay, construction schedules, scope of work, and activity levels are subject to change without notice and remain outside Gather's control.
Construction, maintenance, or neighboring activity shall not constitute a basis for cancellation, refund, rent reduction, or other compensation unless otherwise required by applicable law.
LIABILITY & ADDITIONAL SERVICES
Property Damage & Additional Charges
The Guest accepts full responsibility for the actions of the Guest Party throughout the Reservation. As a condition of the Rental Agreement, Gather reserves the right to charge the payment method on file for any loss, damage, excessive cleaning, repairs, replacements, fines, assessments, service charges, unauthorized occupancy, policy violations, or other costs resulting from the actions or negligence of the Guest or Guest Party.
Additional charges may include, but are not limited to, damage to the Property or its contents, excessive cleaning requirements, smoking remediation, unauthorized pets, unauthorized events or gatherings, lost items, lockouts, emergency callouts, service visits resulting from Guest misuse, or violations of community or homeowner association regulations.
Where applicable, accidental damage protection may be included with certain Reservations. Coverage, limitations, exclusions, and eligibility vary by Property and Reservation type. Guests are encouraged to confirm applicable coverage details prior to arrival. Any available protection program does not relieve the Guest of responsibility for intentional acts, negligence, unauthorized activities, policy violations, or losses not covered by the applicable protection program.
Additional Services & Special Requests
Gather may, at its discretion, assist Guests with coordinating additional services before or during a Reservation. Such services may include housekeeping, concierge assistance, transportation arrangements, grocery delivery, equipment rentals, mailing of forgotten items, vendor coordination, or other guest-requested services.
Additional fees may apply to services requiring coordination, management oversight, delivery, administration, or special handling. Any applicable charges will be communicated whenever reasonably practicable prior to service being provided.
Gather acts solely as a coordinator of third-party services where applicable and makes no representations or warranties regarding the performance, availability, quality, safety, or suitability of services provided by independent third-party vendors.
Vehicles, Vessels & Personal Property
Guests remain solely responsible for any vehicles, vessels, recreational vehicles, watercraft, bicycles, or other personal property brought onto or used in connection with the Property or Reservation. Guests are responsible for maintaining any insurance coverage required by law or deemed appropriate for their circumstances.
Neither Gather nor the Property owner shall be liable for loss, theft, damage, injury, accidents, or claims arising from the use, storage, operation, parking, transportation, or maintenance of vehicles, vessels, or other personal property belonging to the Guest or Guest Party.
Limitation of Liability
To the fullest extent permitted by law, Gather, the Property owner, and their respective affiliates, officers, directors, employees, contractors, representatives, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to the Reservation, occupancy of the Property, use of amenities, recreational activities, travel interruptions, utility failures, weather events, environmental conditions, acts of third parties, or any other circumstances beyond their reasonable control.
In all circumstances, any liability of Gather or the Property owner arising from or relating to the Reservation shall be limited to the total amount paid by the Guest to Gather for the applicable Reservation.
Indemnification
The Guest agrees to indemnify, defend, and hold harmless Gather, the Property owner, and their respective affiliates, officers, directors, employees, contractors, representatives, and agents from and against any claims, liabilities, damages, losses, costs, expenses, fines, penalties, or legal fees arising from the actions, omissions, negligence, misconduct, or violation of these Terms & Conditions by the Guest or Guest Party.
Acceptance of Terms
By submitting payment for a Reservation, the Guest acknowledges that they have read, understood, and agreed to be bound by these Terms & Conditions and accepts responsibility for ensuring compliance by all members of the Guest Party throughout the Reservation.