Any individual who uses our Check-In/Check-Out Services or downloads or uses a Digital Key (“Guest”, “you” or “your”) enters into a legally binding contract with Hard Rock and the Hotel where the Guest checks in and uses the Digital Key and agrees to be bound by these Digital Key Terms as well as the Unity™ By Hard Rock Loyalty Program Terms And Conditions (“Unity Terms”). Capitalized terms not defined in the Digital Key Terms will have the meanings given to them in the Unity Terms.
- Mobile Check-In and Check-Out
The Check-In/Check Out Services are available only at participating Hard Rock branded Hotels. Participating Hotels are subject to change without notice. Hotel-specific policies apply to your upcoming stay, and by using the Check-In/Check-Out Services you are acknowledging and agreeing to all such policies such as but not limited to pet fees, resort fees, additional occupancy fees (for more than 2 occupants per room), parking fees, and early departure fees, as well as to any fines the Hotel may charge for smoking in a non-smoking room.
The Hotel may also ask you to manually sign a guest registration card, provide identification, provide proof of participation in the Unity Rewards Program and/or provide information on any vehicles you may have on the Hotel premises.
Upon check-in, your card issuing bank will place a hold on your debit or credit card for room and tax charges, any applicable resort fees, plus an amount for incidentals per day for the entire stay (the fees may vary by Hotel location)(“Hotel Charges”). You authorize us to place this hold against your credit or debit card to guarantee any and all Hotel Charges and, in the event that you do not settle your account subsequent to your departure, you hereby authorize us to charge your credit or debit card or apply funds you have on deposit with us against what you owe. This authorization hold on your credit or debit card will be released at the discretion of your card provider or financial institution if not used during your stay. To update the card associated to your stay, please contact the Hotel directly before completing the digital check-in process.
Regardless of billing or master account arrangements, you are liable for any and all charges posted to your room(s), whether by you or your guests/invitees. You agree that any guests in your room are authorized by you to charge to the room from anywhere in the Hotel or on hotel premises, unless you advise the Front Desk otherwise. If there is evidence of smoking in your room you may incur a deep cleaning fee charged to your account. You are further liable for all damages to the room(s) caused by you or your guests/invitees during your stay.
You will receive confirmation of your digital check-in once the Hotel has processed it and assigned you to a room. If the Hotel is unable to authorize the card provided prior to your arrival, your digital check-in request may not be completed in advance, and you will be asked to present a card for authorization upon arriving at the hotel. Upon receiving a digital key, the first night's charges will be applied to your credit card on file.
Reasonable efforts will be made to accommodate your requests for specific room type and location, however, we and the Hotel are unable to guarantee any requests as rooms are not assigned until check in. Additional fees may apply depending on the specific requests.
Should your plans require you to adjust your departure date, please check with the Front Desk on room availability, but note that your rate is subject to change. Please notify the Front Desk immediately if there are any errors to name, rate or length of stay.
- DIGITAL KEY ISSUANCE AND LICENSE.
Once you checked into your Hotel through the Mobile Check-In/Check-Out Services, you will have the opportunity to request issuance of a Digital Key to your Unity App. You are not required to use a Digital Key; a Guest may visit the Hotel front desk to receive a physical key.
Subject to Guest’s compliance with these Digital Key Terms, we hereby grant to Guest a limited, personal, revocable, non-exclusive, non-assignable, non-sublicensable and non-transferable license to download, display and use the Digital Key provided to Guest as permitted in these Digital Key Terms on one (1) personal mobile device and only to unlock the door(s) to the room at the Hotel that we have authorized Guest to access (“Digital Key License”). Guest shall only unlock doors using the Digital Key that Guest is authorized to access. We reserve the right to withdraw or alter the Digital Key License, in our sole discretion, at any time and without notice. In the event this affects Guest’s ability to access the Guest’s room, Guest must visit the Hotel’s front desk for assistance.
In connection with the Digital Key License and Guest’s use of the Digital Key, Guest consents to receive in-App messages and SMS or text or email messages, information and notices from Hard Rock including, but not limited to those related to the Mobile Check-In/Check-In Services, use of the Digital Key (e.g., notice of Digital Key activation, activation error, and need to turn on Bluetooth, instructions on using Digital Key, etc.) or the Hotel offerings and services. Guest understands that data and message charges may apply.
- ELIGIBILITY AND VERIFICATION.
Guest represents that Guest meets the Hard Rock’s eligibility requirements for Digital Key access as follows: a) Guest is at least twenty-one (21) years of age; b) Guest is a registered Unity Rewards member in good standing whose membership has been activated by presentation of a valid, government-issued photo identification to an authorized Hard Rock employee as determined in the sole discretion of Hard Rock; c) Guest has a valid room reservation at a Hotel offering the Digital Key during the time period in which Guest has Digital Key access; d) Guest has downloaded the Unity App and checked-into the room associated with such reservation via the Unity App and activated the Digital Key as instructed; and e) Guest is an authorized user (e.g., owner) of the personal mobile device that is associated with his/her Digital Key.
- DIGITAL KEY ACCESS.
The Digital Key may only be used on those types of personal mobile devices and operating systems as determined by Hard Rock, in Hard Rock’s sole discretion (“Device”). Guest is solely responsible for the operation of the Device and the security of the Digital Key while on the Device, and Guest’s use of the Digital Key is conditioned on Guest’s keeping his/her Device secure and its contents (including the Digital Key) confidential.
Guest acknowledges that Hard Rock will only activate one (1) Digital Key to one (1) Device of Guest and this Digital Key may only be used by Guest (i.e., no other person other than Guest may use the Digital Key) to access the room assigned by the Hotel. We may limit Guest’s access to some or all features of the Digital Key as well as suspend, revoke or terminate Guest’s access privileges for any reason, in our sole discretion, at any time and without notice. To download and access the Digital Key, Guest must ensure Guest’s Device is Digital Key compatible by installing and/or updating required software, enabling necessary settings (such as Bluetooth) and confirming adequate network connectivity.
To open the room door, the Digital Key must be activated on Guest’s Device, the Unity App must be launched, and Bluetooth must be on. Internet connectivity is not required. All use of the Digital Key is subject to data rates of the applicable Device’s wireless service provider. Guest may contact Hotel staff for assistance in deactivating the Digital Key from the Device at any time.
- PROHIBITED ACTIVITIES.
As a condition of Digital Key use, Guest agrees not to use the Digital Key for any purpose that is unlawful or prohibited by these Digital Key Terms. Furthermore, Guest shall not, and shall not attempt to:
- Modify, redistribute, publish, decompile, reverse engineer, disassemble, transfer, copy, translate, sell, assign, distribute, lease, sublicense, create any derivative works of or reproduce any code relating to the Digital Key;
- Interfere with Digital Key security measures;
- Access any unauthorized room or area using the Digital Key;
- Use the Digital Key for any commercial purpose;
- Use the Digital Key in a manner prohibited by applicable laws, rules, regulations, orders, decrees, and ordinances;
- Develop or use a third-party application that interacts or interferes with the Digital Key;
- Permit a third party to access or use the Digital Key;
- Encourage or promote any activity that breaches these Digital Key Terms; or
- Upload or transmit files or software that may damage the Digital Key, including viruses or any other code designed to inflict destruction.
Guest will be solely liable for any damages, costs, expenses, losses, fines and penalties arising out of or in connection with the commission of any of the foregoing prohibited activities. Guest will notify Hard Rock and Hotel promptly upon becoming aware of the commission by any person of any such prohibited activities and will provide reasonable assistance with any investigations Hard Rock and/or Hotel may conduct as a result.
- GUEST OBLIGATIONS.
Guest is exclusively responsible for security and safekeeping of the Digital Key connected Device and shall not permit any other person to access or use the Guest’s Digital Key. If a Guest permits any other person to access or use Guest’s Digital Key in violation of this restriction, Guest shall be solely responsible for all actions or omissions of such other person (including, but not limited to, any damages or injuries). In the event Guest’s Digital Key connected Device is lost, stolen, accessed by an unauthorized third party or otherwise compromised, Guest agrees to immediately notify the Hotel and comply with all Hotel instructions to ensure that the Digital Key is promptly deactivated.
Guest is further responsible for complying with all rules and policies of the Hotel at which the Guest is staying and for any and all damages to the Hotel room caused by Guest or his/her invitees/guests during Guest’s stay. Guest agrees that the Hard Rock or the Hotel may terminate Guest’s stay or Guest’s use of the Digital Key and access to the Guest room, and remove Guest from the Hotel premises, for any purpose, including for any prohibited activities as described in Section 6 above, misconduct, intoxication, illegal activities, loud, harassing or rude behavior or violation of Hotel rules or any failure to pay Hotel Charges, including as a result of a declined credit card transaction.
Guest acknowledges that Guest is responsible for taking other security precautions as appropriate, including using the safety deposit box for valuables, securing the deadbolt and door locks and ensuring that all windows and doors are locked in Guest’s room.
- DISCLAIMERS OF WARRANTY.
The Mobile Check-in/Check-Out Services and Digital Key and any associated information and functions are provided “as is” and “as available” without warranties or representations of any kind and are subject to Paragraph 72-75 (Disclaimer) of Unity Terms which are incorporated into and made a part of these Digital Key Terms.
Guest agrees that Paragraph 76 (Indemnification) of the Unity Terms is incorporated into and made a part of these Digital Key Terms, and expressly acknowledges that such indemnification provision covers Hotel as well as Program Manager and the Hard Rock Affiliated Parties against any and all claims, damages, costs, expenses, fines and penalties (including, but not limited to, reasonable attorney’s fees) arising from or related to: (a) Guest’s breach of these Digital Key Terms; (b) Guest’s or its invitees’ or guests’ acts or omissions, including any personal injury or property damage caused by them; (c) Guest’s or any other person’s use of the Digital Key; (d) Guest’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities; or (e) Guest’s infringement of the rights of any third party. In no event may Guest settle any claims which impose obligations on Hard Rock or Hotel without Hard Rock’s or Hotel’s prior written consent. Hard Rock may, in its sole determination and at Guest’s cost, assist Guest in the defense and settlement of such claims.
- LIMITATIONS OF LIABILITY/NO LIABILITY FOR THIRD-PARTY SERVICES.
IN ADDITION TO PARAGRAPH 73 OF THE UNITY TERMS (WHICH IS INCORPORATED INTO AND MADE A PART OF THESE DIGITAL KEY TERMS), NEITHER HARD ROCK NOR OUR AFFILIATES, NOR ANY HOTEL, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) OF ALL SUCH ENTITIES SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED BY ANY USER) RESULTING FROM (A) THE DIGITAL KEY (INCLUDING, BUT NOT LIMITED TO, THE USE, ATTEMPTED USE OR INABILITY TO USE THE DIGITAL KEY AND/OR UNAUTHORIZED ACCESS TO A DIGITAL KEY); (B) A BREACH OF THESE DIGITAL KEY TERMS; (C) GUEST’S LOST, STOLEN, DAMAGED, OR COMPROMISED DIGITAL KEY CONNECTED DEVICE; AND/OR (D) FAILURE OF ANY TECHNOLOGY OR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF HARD ROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ANY EVENT, EACH GUEST AGREES THAT HARD ROCK’S TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY HARD ROCK FROM SUCH GUEST TO ACCESS THE DIGITAL KEY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to a particular Guest.
We may use third-party services to process your use of our Check-In/Check-Out Services and to provide access and use of your Digital Key. To the maximum extent permitted by law, you agree that we are not responsible or liable for the acts or omission of such third-party services or for any liability caused by such third-party services.
Hard Rock reserves the right to investigate and prosecute any alleged violations of these Digital Key Terms. Furthermore, pursuant to any rules, regulations, codes, statutes, ordinances or orders or requests of any law enforcement or governmental authorities, Hard Rock may disclose requested Guest information without consent from or notice to Guest.
The Digital Key License will immediately terminate at the conclusion of Guest’s stay at the Hotel, as determined by Hard Rock or Hotel. Additionally, Hard Rock or Hotel may terminate Guest’s Digital Key License and/or deactivate Guest’s Digital Key at any time for any reason. Upon termination of the Digital Key License, all rights granted to Guest hereunder will cease immediately and Guest agrees to immediately remove the Digital Key from Guest’s Device and discontinue use of the Digital Key. The provisions concerning Prohibited Activities, Guest Obligations, Disclaimers of Warranty, Indemnification, Limitations of Liability, Choice of Law, Waiver, Severability and Complete Agreement shall survive termination of the Digital Key License.
- CHOICE OF LAW AND DISPUTE RESOLUTION.
Sections 77 through 80 of the Unity Terms shall apply to any dispute arising out of the Digital Key Terms, the Mobile Check-In/Check-Out Services or the Digital Key.
Hard Rock reserves the right to update, revise and supplement these Digital Key Terms, in Hard Rock’s sole discretion, without notice to Guest, by posting them to the Unity website. Such modified terms shall supersede these Digital Key Terms and be effective immediately.
The failure of Hard Rock at any time to demand strict performance of these Digital Key Terms shall not be construed as a continuing waiver or relinquishment of such performance, and Hard Rock may at any time demand strict and complete performance by Guest of such term.
If any provision or provisions of these Digital Key Terms shall be held to be invalid, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- COMPLETE AGREEMENT.
These Digital Key Terms, together with the Unity Terms, and any applicable Hotel policies, reflect the entire agreement between Hard Rock and Guest with respect to the Mobile Check-In/Check-Out Services and the Digital Key. In the event of any conflict between these Digital Key Terms and the Unity Terms, the Unity Terms shall prevail.