The Elaine’s Dinner Theater and The Elaine’s Victorian Inn websites are made up of various Web sites and Web pages operated by the Elaine’s Victorian Inn, 513 Lafayette St. Cape May, NJ 08204, and its subsidiaries (collectively referred to in this and other documents on this domain as ”EVI Web Sites"). This Terms of Use and Notices apply to the “EVI Web Sites” and does not apply to the content of third parties

The “EVI Web Sites” are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the “EVI Web Sites” constitutes your agreement to all such terms, conditions, and notices. Your use of a particular “EVI Web Site” included within the “EVI Web Sites” may also be subject to additional terms outlined elsewhere in this agreement.

These terms and conditions of use constitute an agreement between Elaine’s Victorian Inn and it’s Subsidiaries (provider) and you (customer) regarding the provision of Elaine’s Victorian Inn and its subsidiaries websites to you and your use of these services. By using Elaine’s Victorian Inn and it’s Subsidiaries services, you acknowledge these terms and conditions and agree to be bound by and adhere to them. Additionally, you agree that you understand the rules of Elaine’s Victorian Inn and its Subsidiaries.

The “EVI Web Sites” may contain technical inaccuracies or typographical errors. The "EVI Web Sites" reserves the right to make changes, corrections, and/or improvements to Marriott Information and to the products and programs described in such information, at any time without notice.

Elaine’s Victorian Inn Subsidiaries include and are limited to Elaine’s Dinner Theater, Elaine’s Bed & Breakfast Inn, Elaine’s Haunted Mansion, Elaine’s Haunted Mansion Ghost Tours, and Elaine’s Enchanted Shop Of Wonders Gift Shop.

This document applies to ALL customers accessing our websites, using and including but not limited to dial up, satellite, modem, cable, Web Hosting, FTP, and Virtual Email Servers to make Reservation Deposit and Purchases.

These Terms and Conditions are subject to change without notice. A current, dated copy will always be available here on-line via the World Wide Web.

Paper copies will be available from the office by request. The combination of the Terms and conditions and the Policies and Rules make up the Policy Elaine’s Victorian Inn and it’s Subsidiaries This policy covers all of Elaine’s Victorian Inn and it’s Subsidiaries Products and Services. Continued use of our on-line services, after a new policy has gone into effect constitutes acceptance of that policy.

Elaine’s Victorian Inn and it’s Subsidiaries reserves the right to make adjustments to its rates, rules, terms, conditions, products and services at any time without notice including cancellation or modification of promotions, products, services and any and all other offerings.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with the terms and conditions of any order submitted.

  Policies of Elaine’s Victorian Inn and It’s Subsidiaries Services

Safety of Our Guest

The safety of our staff and guests is paramount, thereby any guest considered to be unruly, under the influence of drugs, alcohol, and causing disturbances or concerns in any of our entities, will be ask to leave the premises and will be responsible for the full costs of their obligations reserved.  The guest  therein will be responsible as well for the full cost (if incurred) of having to deal with matters arising from such incidents, including but not limited to legal costs, lost of business costs and staff costs involved.

Confidentiality

Any customer's requests us to keep personal or other information confidential will be  respected insofar as possible - except if that information relates directly to an important safety issue or an accident report or insurance claim. We thus reserve the right to inform our staff of any disclosed illnesses, or matters relating to accidents and safety reporting procedures.

Elaine's Victorian Inn Bed & Breakfast

Reservations may be made in on-line, by person, by phone, by mail, or by fax. Room Choices Are On A First-Come, First Serve Basis.  We endeavor to update Elaine's Victorian Inn Bed & Breakfast availability online each day, however at times due to outside forces the availability display in not 'real time'. We cannot guarantee availability of your requested room or requested date until we receive your reservation and confirm it using our 'real time' service.  Any reservations made other than in person and by phone, are neither final nor guaranteed until a confirmation by email or phone is received from us. When we confirm your reservation, a 50% deposit, of your total charges is required at time of booking, and we will bill it to the charge card you have provided.  The remaining balance due upon check in.  If Charge Card is refused by the Credit Card agency, your reservation will not be booked.  You will be subjected to the charges listed in the "Charges for Elaine’s Victorian Inn and its Subsidiaries Services" section.

Charges for Elaine’s Victorian Inn and It’s Subsidiaries Services

Elaine’s Victorian Inn and it’s subsidiaries services will be charged to your charge card at the rates provided to you as posted on our websites As a matter of policy Elaine’s Victorian Inn and it’s Subsidiaries will not raise prices on time that you have already made a reservation or a purchase on the system.

If any payment by Charge Card is refused by the Credit Card agency, you will immediately be deemed in default and subject to a service charge of $25.

If you choose to make your reservation deposit by check, it must be received 21 days before your requested reservation ate.  If you choose to make your purchase by check, it must be cleared by your bank before your purchased is mailed. If any payment by check is returned unpaid, you will immediately be deemed in default and subject to a returned check charge of $25. Your reservation and/or purchase will be cancelled immediately without notice.

 
If you choose to use "Credit Card" billing when completing your reservation(s) or purchase(s), you authorized Elaine’s Victorian Inn and it’s Subsidiaries to bill your Credit Card the amount due. Authorization to charge your credit card the agreed amount was given when you clicked the "I Agree" button to create your account at which time you agreed to be bound by the terms of this document.  You also agreed that ample opportunity to read this document has been presented to you at numerous steps in the signup process as well as elsewhere on our Web Site. The "electronic signature" you created when submitting the sign up form is binding. If you have a problem with billing or charges from Elaine’s Victorian Inn and/or its Subsidiaries, please, contact us immediately. 

Refunds

In the event that you are unsatisfied with any of Elaine’s Victorian Inn and it’s Subsidiaries services or products, you hereby agree to allow the management to offer a reasonable resolution to the matter.  There will be no cash refunds or credit card adjustments allowed. You agree in the event that you attempt a credit card charge back or refund for services or products you will be responsible for an additional fifty dollars ($50.00) in incurred cost of staff time to address the charge back. 

Customer Cancellation of Reservations & Purchases & Deposits Thereof

Reservations (Dinner Theater, Haunted Mansion Restaurant, Ghost Tour)

You may cancel your Elaine’s Victorian Inn Subsidiaries of Dinner Theater, Haunted Mansion Theme Dining or Haunted Mansion Ghost Tour reservations within 21 days of your requested date without any charge or penalty. at any time without penalty by giving Elaine’s Victorian Inn and it’s Subsidiaries written notice of your desire to cancel your reservations to Elaine’s Victorian Inn and it’s Subsidiaries at the address below.  Emails and phone call cancellations are not acceptable.  If you cancel your reservations within 3 days of your visit, we will not issue a cash or credit card refund but we will issue a gift certificate of equivalent value redeemable at Elaine’s Victorian Inn and its Subsidiaries within one (1) year of the date originally reserved. The gift certificate is non-transferable, and may be used for meals, tours, shows, merchandise, or overnight accommodations. The gift certificate has no cash value. You must request this gift certificate; it is not mailed automatically. If you cancel your reservations within 2 days of your visit, we will issue you a gift certificate equivalent of 50% of your deposit redeemable at redeemable at Elaine’s Victorian Inn and it’s Subsidiaries within one (1) year of the date originally reserved. The gift certificate is non-transferable, and may be used for meals, tours, shows, merchandise, or overnight accommodations. The gift certificate has no cash value. You must request this gift certificate; it is not mailed automatically. If you make a reservation, but fail to show or cancel, your deposit will be forfeited.  If your cancel your reservations within 1 day or less than the date of your reservation, or if you fail to show up for your reservation, there will be no refund and the full obligation of your reservation, number of seats multiplied by the price of the each entity, plus tax and tips will be charged to you and your credit card.  If you do not agree with these terms and conditions, as they may be amended from time to time, your sole recourse is to not participate in any of our services. Elaine’s Victorian Inn and it’s Subsidiaries reserves final judgment on all refunds.

Reservations of Elaine's Victorian Inn Bed & Breakfast

21 Day cancellation notice prior to arrival date is required for refund of your advance payment, minus a less a $25.00 service charge per room, only if we re-rent your accommodation for the entire time you reserve.  On shorter notice, (less than 21 days) for any reason, deposits are non-refundable. If your room or rooms are unable to be rented, you accept responsibility for the total cost of your reservation and hereby permit Elaine's Victorian Inn and it's Subsidiaries to bill your credit card company for the total amount due. In cases of multiple room bookings, this policy is applied per room booked.  If you fail to appear for your reserved room booking, you accept responsibility for the total cost of your reservation and hereby permit Elaine's Victorian Inn and it's Subsidiaries to bill your credit card company for the total amount due.

Purchases

You may cancel your merchandise Elaine’s Victorian Inn and its Subsidiaries merchandise purchases within 24 hours of your order date without any charge or penalty. Any orders canceled after 24 hours, will be subject to a handling charge of 15% of your purchase.

Under no circumstances shall Elaine’s Victorian Inn and it’s Subsidiaries be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning.

Arbitration, Governing Law and Forum for Disputes

Unless expressly stated to the contrary elsewhere in this document, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with. and all questions with respect thereto shall be determined by, the laws of the State of New Jersey applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cape May County, New Jersey, and judgment on the arbitration award may be entered into in any state or federal court in New Jersey having jurisdiction thereof. Except as set forth above, the state and federal courts of New Jersey shall be the exclusive forum and venue to resolve disputes arising out of or related to these Terms and Conditions or any user's use of the products and services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New Jersey with respect to all such disputes.

Indemnity and Release

By using the Elaine’s Victorian Inn and it’s Subsidiaries website and products and devices you agree to indemnify Elaine’s Victorian Inn and it’s Subsidiaries and it's parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services. By using the Elaine’s Victorian Inn and it’s Subsidiaries network you are hereby agreeing to release Elaine’s Victorian Inn and it’s subsidiaries and it's parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential) costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.

Under no circumstances shall Elaine’s Victorian Inn and it’s Subsidiaries be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning.

Updated 1/25/04