By accepting and using Diners Choice Gift Card, You are agreeing to these Terms and Conditions. Please read them carefully and keep a copy for Your records. Cardholder can obtain the latest version of these Terms and Conditions and additional information about the Diners Choice Gift Card at http://www.dineonthebeach.com
In these Terms and Conditions, 'You' and 'Your' means the person who has purchased or received the Diners Choice Gift Card. 'We', 'Us' and 'Our' means the merchant who issued the Diners Choice Gift Card, the person who fulfills orders on the Diners Choice Gift Card, and each of their successors, affiliates or assigns.
Diners Choice Gift Card. The Diners Choice Gift Card is offered to individuals over the age of 18 that can lawfully enter into and form contracts under applicable law, and by using the Diners Choice Gift Card You represent and warrant to Us that You are such an individual. We, in Our sole discretion may refuse to issue a Diners Choice Gift Card for any reason. Gift Cards are valid for five years from the date of purchase. Other restrictions apply.
The Diners Choice Gift Card is not a credit card. The merchant who issued the Diners Choice Gift Card is responsible for providing funds to load value onto Diners Choice Gift Card. Please contact the merchant directly for customer service issues, using the contact information on the back of Diners Choice Gift Card.
The Diners Choice Gift Card is a prepaid Gift Card that can be used for purchases at any of the Gold Key / PHR restaurants and bars in the Virginia Beach, Virginia area. For a complete listing of these restaurants please go to www.dineonthebeach.com
You understand that some of these restaurants are open seasonally at the discretion of the merchant. Purchases & Charges that Diners Choice Card may be used for are:
- Food & Beverage during non holiday, special event & special promotional times
- Purchases & Charges that Diners Choice Card may not be used for are:
- In conjunction with Diners Choice Gift Certificate
- Food & Beverage promotions, Holiday time periods and Special Events
- Catering or Meeting Events
The Diners Club Gift Card may not be used to make purchases from other merchants, to obtain cash from automated teller machines (ATMs) or for any other type of purchase or cash advance. There is no cash value outside of PHR Food & Beverage Outlets.
You must have sufficient, available funds to pay for all Diners Choice Gift Card transactions. If the purchase amount is greater than the available funds, the difference may be paid for with cash or credit or debit Card, subject to the policy of the merchant. In no event may the card be used to cover taxes and gratuities. If the merchant attempts to process the Diners Choice Gift Card for more than the available funds, the transaction will be declined. If Your Card balance is zero or becomes zero the Card will be terminated. You may confirm Your available balance online by going to www.dineonthebeach.com. You may only use Your Card in the manner and for the purposes described in these Terms and Conditions. Your Diners Choice Gift Card may not be used for illegal transactions or for any type of pre-authorized transactions such as recurring monthly payments, dues or fees, special promotions or during holiday seasons. A maximum of $500 may be presented for payment per visit. Disclosure of Information to Third Parties.
. Disputes with Merchants.
You agree to make a good faith effort to settle all disputes about purchases You make using Your Card with the merchant who accepted the Card/Certificate. Lost and Stolen Cards.
We are not responsible for lost or stolen Diners Choice Gift Cards/Certificates. Treat Diners Choice Gift Cards/Certificates like cash, because lost or stolen Diners Choice Gift Cards/Certificates will not be replaced. Disclaimer of Liability.
In providing the Diners Choice Gift Card services to You, We disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:
Termination. The Diners Choice Gift Card/Certificate shall remain our property. We may, at any time and without prior notice, cancel Your Diners Choice Gift Card and have You return the Diners Choice Gift Card/Certificate to Us. You may terminate Your Diners Choice Gift Card by returning the Diners Choice Gift Card to Us. However, the purchase price paid for the Diners Choice Gift Card may be non-refundable. Termination of the Diners Choice Gift Card will not affect prior transactions or obligations existing at the time of termination, and may not entitle You to any refund. Diners Choice Gift Cards may be non-refundable.
- If through no fault of ours, cardholder does not have enough money on the Diners Choice Gift Card/Certificate to cover the transaction; or
- If the transaction would exceed the cardholders available funds; or
- If the transaction is to cover Taxes and Gratuities
- If the terminal or system was not working properly; or
- If circumstances beyond Our control prevent the transaction, despite reasonable precautions that We may have taken; or
- If there are other exceptions stated in these Terms and Conditions or provided by law.
Amendment. We may amend these Terms and Conditions at any time in Our sole discretion by posting a revised copy on http://www.dineonthebeach.com at least 30 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in Your liability, a reduction in Card services, or stricter transaction or purchase limitations.
Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of these Terms and Conditions.
Governing Law. These Terms and Conditions, the Diners Choice Gift Card/Certificate and all transactions hereunder are subject to the laws of the State of Virginia.
Arbitration. Any dispute, controversy or claim arising out of or relating to the Diners Choice Gift Card/Certificate, these Terms and Conditions or the provision of services shall be settled by binding arbitration before a retired judge in accordance with the commercial arbitration rules of JAMS in Santa Monica, California. The prevailing party shall be awarded their arbitration and attorney fees, costs and expenses to the maximum extent permissible. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from the court of competent jurisdiction in the City and County of Virginia Beach necessary to protect the rights of property of You or Us (or Our agents suppliers, and subcontractors) pending the completion of the arbitration.