Premiere by Quintess TERMS & CONDITIONS

Last Updated: October 1, 2023

The Premiere by Quintess ("PBQ") Certificate program is provided by Platinum Hospitality Group, LLC ("PHG"), a Colorado limited liability company. Your use of a PBQ Certificate is subject to the following terms and conditions. Please review these terms and conditions in their entirety before reserving any resort accommodations.
INTRODUCTION

These terms and conditions are supplemented by our Privacy Policy (collectively the "Terms"). You agree to be bound by the Terms when you reserve any available vacation rental property (“Property”) through the redemption of your PBQ Certificate. You also agree that these Terms apply to You and all persons attending a Property during your reservation (your “Travel Party”). You cannot opt out of, modify, or choose not to be bound by any particular provision of the Terms. If you do not wish to accept the Terms, you should refer to the section below titled "Refunds." If there is a direct conflict between the instructions on your PBQ Certificate and these Terms, the instructions on your PBQ Certificate will supersede these Terms, but only to the extent of that direct conflict.

Please note that we may modify the Terms from time to time, with or without notice, and each modification will become effective once posted at premiere.whimtravels.com . We suggest that you review the Terms in their entirety before reserving any Property to ensure that you understand your current rights and obligations. If you utilize a translation of the English language version of the Terms, you nonetheless agree that the English-language version of the Terms will govern in the event of any contradiction with the translation.

REDEEMING YOUR PBQ CERTIFICATE

You may use the premiere.whimtravels.com website to redeem your PBQ Certificate by entering the PBQ Certificate Number and Security Code. If you have any problems with, or questions about, redeeming a PBQ Certificate, you can review our FAQs or call us at (1.866.757.9567) during the following times: Monday through Friday between 9 a.m. and 5 p.m. U.S. Mountain time, or on Saturday or Sunday between 10 a.m. and 4 p.m. U.S. Mountain time, except on holidays.

PBQ Certificates may be used to reserve available Properties up to 180 days, but at least 72 hours, before your proposed check-in date. Reservations are available on a first-come, first-served, space-available basis at preferred pricing available to PBQ Certificate holders. Generally, Properties will not be available for reservation on those dates where occupancy is expected to be high, such as during major holiday periods.

The availability of amenities, and the terms of their use, will also vary by Property and itinerary. You are advised to read and understand the terms and conditions applicable to any Property reservation before redeeming your PBQ Certificate for that reservation.

RESERVATIONS ARE ONLY AVAILABLE FOR OCCUPANCY ENDING ON OR BEFORE THE EXPIRATION DATE PRINTED ON THE FRONT OF THE PBQ CERTIFICATE, UNLESS REQUIRED BY APPLICABLE LAW. PBQ Certificates are nonrenewable; upon expiration, the PBQ Certificate may not be used to reserve any reservation and will not retain any monetary value whatsoever.

You must be at least 25 years of age to reserve available Properties. Further, you will not be able to reserve available Properties if you: (i) are barred from using the premiere.whimtravels.com website or your PBQ Certificate under the laws of the U.S., or (ii) are barred from using the premiere.whimtravels.com website or your PBQ Certificate under the laws of another country in which you are a resident or from which you are accessing the website.

RESERVATION CONFIRMATIONS

An email acknowledging your transaction will be sent to the email address you submit during the reservation transaction. A final written confirmation providing the name, address, and phone number of the resort accommodations' provider will follow by email. Upon receipt, please immediately review your confirmation and report any discrepancies by calling 1.866.757.9567. Any discrepancy not promptly reported (within 48 hours of receipt and always before the start of occupancy) will be deemed waived and accepted by you.

Occupancy is limited to the number of individuals specified in the written confirmation. During the use and occupancy of the reserved resort accommodations, you and your party must observe all of the rules and regulations of the applicable resort. Violation of the Property’s rules and regulations may result in the loss of occupancy rights. Further, you are responsible for the acts and omissions of your party and any other individual occupying the accommodations, including any costs or expenses resulting from any loss or damage caused by such persons.

Properties may be used only for personal and noncommercial purposes. Confirmations are nontransferable and may not be sold or exchanged for cash or other consideration. Any attempt to transfer, assign, sell, or exchange your confirmation will result in the immediate forfeiture of the subject reservation. Sale or rental of the reserved Property is expressly prohibited.

TAXES, FEES & COSTS

Your PBQ Certificate requires that you pay a redemption fee to PHG at the time of reserving accommodations, plus the applicable sales/use tax. The purchase of a PBQ Certificate or payment of the redemption fee does not include additional costs which you may incur in connection with your use of the reserved accommodations, including, but not limited to, costs related to transportation, meals, all-inclusive fees, tips, phone charges, service charges, incidental expenses, and other items of a personal nature. Moreover, some jurisdictions may require your payment of transient occupancy tax, transient accommodation tax, bed tax, or other similar taxes payable in connection with the occupancy of resort accommodations. Such taxes may be assessed against the actual retail value of the accommodations reserved. Any such tax will be your responsibility and will be collected by the resort as part of the check-in or checkout process.

REFUNDS

Except as specifically stated below, any amount paid to acquire your PBQ Certificate, or to reserve any Property using your PBQ Certificate, is nonrefundable. For purposes of the foregoing, you will have redeemed the total value of the PBQ Certificate and acquired all benefits available immediately upon reserving any Property through your PBQ Certificate.

YOU MAY CANCEL THIS PBQ CERTIFICATE CONTRACT (NOT THE RESERVATION OF ANY PROPERTY) WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE PBQ CERTIFICATE, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS PBQ CERTIFICATE CONTRACT IF CONFIRMED ACCOMMODATIONS OR FACILITIES ARE NOT AVAILABLE, PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THESE TERMS. PHG MAY SET OFF, AGAINST ANY REFUND PAYABLE TO YOU, THE VALUE OF ANY BENEFITS ACTUALLY PROVIDED PRIOR TO CANCELLATION HEREUNDER. SPECIFICALLY, ANY AMOUNT PAID TO ACQUIRE YOUR PBQ CERTIFICATE IS A LIABILITY OF THE AUTHORIZED DISTRIBUTOR AND NOT OF PHG. YOU MUST NOTIFY PHG IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE PBQ CERTIFICATE AND SENDING NOTICE TO: PLATINUM HOSPITALITY GROUP, LLC PO BOX 225, FORT LUPTON, CO 80621.

IN THE EVENT OF CHECK-IN DIFFICULTIES, PLEASE CONTACT PHG IMMEDIATELY AT 1.866.757.9567. In such instance, PHG will use all commercially reasonable efforts to assist you in securing the reserved Property or, where such Property is unavailable through no fault of yours or your party, in securing alternative Property reservations with reasonably similar characteristics, at the same or better value at no additional cost. If an alternative Property cannot be located or secured for any reason, including without limitation, inventory scarcity, low vacancy rates, and other restrictions or limitations, PHG may elect in its sole discretion to cancel the Reservation, upon written notice to you. In that case, PHG shall refund all payments collected from you as of the date of notice in full, and upon such refund, PHG shall have no other liability or obligation to you or the Travel Party of any kind, which liability and obligations (i) PHG hereby disclaims, and (ii) you hereby expressly waive and release . No refund shall be given for cancellations due to causes beyond the control of and without the fault or negligence of PHG. Approved refund shall be issued within 30 days of our receipt of your request, or such shorter period which may be required by applicable law. Please direct such request to PHG at PO BOX 225, FORT LUPTON, CO 80621, or by email at customerservice@premiere.whimtravels.com. In either case, the proper processing of your request requires you to provide us with the following information: (i) your name exactly as it appears on your confirmation; (ii) your daytime phone number; and (iii) your confirmation reference number.

Notwithstanding the foregoing, in all instances in which reserved Property is not available due to causes beyond the control of and without the fault or negligence of PHG, then PHG shall be not be liable to provide you with a refund. Such causes may include, but are not limited to, acts of God, fire, strike or other labor unrest, riot, civil disobedience, declared or undeclared war, insurrection, boycotts, acts of terrorism, acts of public authorities, embargo, accident, epidemic or quarantine, and delay or defaults caused by public or common carriers, poor snow conditions, severe weather, wildfire, road closures, traffic delays, interruption of utilities or electricity, early departures, allergies, a member of the Travel Party’s medical conditions, illness or injury or other circumstances affecting the general area where the Property is located which makes inaccessible or unusable for vacation purposes.

LIMITATION ON DAMAGES

Access to and use of any Property and related amenities or services through the redemption of your PBQ Certificate is at your sole risk. You agree to release and hold PHG, its affiliated companies, and their respective successors and assigns harmless from any and all losses, damages, and claims of any kind resulting from your acceptance or use of such accommodations, amenities, or services, including, without limitation, those arising from or in connection with personal injuries, death, and property damage. PHG’s total liability associated with your purchase and redemption of a PBQ Certificate and/or your acceptance or use of such accommodations, amenities, or services shall be the refunding of the price paid by you to PHG for your PBQ Certificate and accommodations. In no instance shall PHG be liable for any consequential, incidental, or special damages arising from the purchase and redemption of your PBQ Certificate and/or your use of such accommodations, amenities, or services.

APPLICABLE LAW & VENUE

These Terms, the purchase and redemption of your PBQ Certificate, and/or your use and occupancy of the reserved resort accommodations shall be governed by the laws of the State of Colorado, notwithstanding the conflict of law provisions of any state.

You and PHG each agree: (i) that all disputes of any kind between you and PHG shall be subject to the exclusive subject matter and personal jurisdiction of the US District Court for the District of Colorado, or the state courts of Colorado located in the City and County of Denver, Colorado (the "Colorado Courts"); (ii) that no litigation involving the PBQ Certificate shall be commenced, or threatened to be commenced, except in the Colorado Courts; (iii) not to plead or claim that the Colorado Courts are an inconvenient forum; and (iv) that the Colorado Courts represent the exclusive jurisdiction for all disputes arising out of, or relating to, the PBQ Certificate.

In the event of a dispute between you and PHG, the prevailing party shall be entitled to all costs incurred, including reasonable attorney's fees.

SELLER OF TRAVEL REGISTRATIONS

PHG is registered as a Travel Agency or Seller of Travel with States legally requiring such for the sale of the services offered herein.

ENTIRE AGREEMENT

These Terms (including the terms incorporated into your PBQ Certificate) constitute the entire agreement between you and PHG, and supersede all prior communications, agreements, negotiations, and discussions between you and PHG relating to the same, whether written or oral. PHG excludes any representations and warranties previously given or made in relation to the same.

MISCELLANEOUS

If one or more of the provisions herein are held to be invalid or unenforceable for any reason, such holding shall not affect any other provision hereof, and these Terms shall be construed as if such provision had never been contained herein. These Terms shall be binding upon and inure to the benefit of each of us and our respective heirs, administrators, legal representatives, successors, and assigns. It is our mutual and express intent that the rights and obligations set forth herein apply to us only, with no third-party beneficiary rights intended. Waiver of any portion of these Terms shall not affect any other provision or subsequent performance of the waived provision.