Is MVE liable for the confidentiality of data transmitted through the Technology and Services for Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
acknowledges that Services Provider has set forth certain protections for Margaritaville with respect to the Platform and the Services and that Margaritaville has extended the same to Customer on a pass-through basis. Notwithstanding the foregoing, Customer is not a third-party beneficiary of any commitment by or agreement with Services Provider, and only Margaritaville maintains privity with Services Provider for any matter set forth in these Terms of Use. In no event shall Margaritaville be held liable to the extent a commitment or obligation of Services Provider has not been fulfilled through no fault of Margaritaville. Margaritaville shall commercially reasonably assist Customer with respect to any issues, questions or conflicts with the Services Provider arising under these Terms of Use and the Master Agreement.
- 12. Third Party Services. Customer is solely responsible for any third party service providers engaged by Customer to provide equipment or services to Customer in connection with the Services ("Third Party Services"), including payment of any fees for Third Party Services. Neither Margaritaville nor the Services Provider warrants or support the Third Party Services. If the Third Party Services fail to perform or otherwise cause damage to the Customer or to other parties, Margaritaville and the Services Provider shall not be liable for any loss or damage suffered by the Customer or other parties, Margaritaville and Services Provider are not responsible for any disclosure, modification, loss or deletion of Customer's data resulting from the Third Party Services. To the extent the Services include a third-party PMS interface to post guest reservation charges to a guest's folio ("Reservation Charges"), Customer authorizes Margaritaville, the Services Provider and any third-party interface provider authorized by the Services Provider to process the guest data relating to the Reservation Charges without liability to Margaritaville, the Services Provider or its thirdparty interface provider.
- 13. Updates. Acting commercially reasonably, the Services Provider is entitled to modify the Services and/or the Platform as the occasion arises for the purposes of improvements to the functionality and the rectification of errors. Because the Services are offered to multiple customers, it is not possible to omit a modification for a single customer. Margaritaville and the Services Provider are not liable for any loss, damages or other costs incurred as a result of the modification of the Services or the Platform.
- **14.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, MVE (Margaritaville Enterprises) is not liable for loss or damage to the Customer if Third Party Services fail to perform. MVE and the Services Provider are not responsible for any disclosure, modification, loss or deletion of Customer's data resulting from the Third Party Services.
If the Services include a third-party PMS interface to post guest reservation charges to a guest's folio, the Customer authorizes Margaritaville, the Services Provider and any third-party interface provider authorized by the Services Provider to process the guest data relating to the Reservation Charges without liability to Margaritaville, the Services Provider or its third-party interface provider.
Customer acknowledges that CRS Supplier has set forth certain protections for Margaritaville with respect to Guest Information and Reservation Data in connection with the matters set forth in these CRS Terms of Use, and that Margaritaville has extended the same to Customer pursuant to this Section 10 on a pass-through basis. In no event shall Margaritaville be held liable to the extent a commitment or obligation of CRS Supplier has not been fulfilled through no fault of Margaritaville.
The Customer is responsible for the actions and omissions of all employees, contractors, or other representatives who are engaged by Customer concerning the treatment of Guest Information and Reservation Data as if they were Customer's own actions and omissions. Customer shall notify Margaritaville of any act or omission that compromises either the security, confidentiality or integrity of Guest Information and Reservation Data collected from end users or a breach relating to the privacy practices of Customer.