PANGEA POD HOTEL.

The Pangea Pod Hotel is located at:

4333 Sunrise Alley

Whistler, BC, Canada

V8E 1M7

These Terms and Conditions outline the rules and regulations for both (a) making a reservation and (b) staying at the Pangea Pod Hotel.

TERMINOLOGY.

The following terminology applies to these Terms and Conditions:

• The “Company”, “Pangea”, “Ourselves”, “We”, “Our” and “Us”, refers to the Pangea Pod Hotel, its parent, subsidiaries and affiliated companies, and their directors, principals, employees, agents and affiliates.
• “User”, “Guest”, “Client”, “You” and “Your” refers to you, the person making this reservation and hereby accepting the Company’s Terms and Conditions.
• “Party” and “Parties” refers to either the Company or the Client or both the Company and the Client.

Wherever the singular or masculine is used throughout this agreement, the same shall be construed as meaning the plural or the feminine where the context so requires, and vice versa.

ACCEPTANCE.

Please read these Terms and Conditions carefully before you make a reservation at the Pangea. By making this reservation, you acknowledge that you accept the Terms and Conditions stated on this page in full and agree to be bound by them. Do not continue to make this booking if you do not accept all of the Terms and Conditions set out on this page. If you are making a reservation on behalf of other persons you are responsible for bringing these Terms and Conditions to their attention and advising them that they will be bound by the same.

CONDITIONS OF MAKING A BOOKING.

As a condition of making a reservation, you warrant that:

1. You are at least 18 years of age;
2. You have the authority to create a legally binding agreement with Pangea;
3. You will only reserve for yourself or for such other persons for whom you have the authority to make such reservations;
4. You will advise such other persons on behalf of whom you have made a reservation about these Terms and Conditions and any other terms that apply to the reservation or their stay at Pangea; and
5. All information provided by you in respect of a reservation is accurate and complete.

RESERVATIONS.

All reservations are binding from the moment they are made, regardless of whether they are made via the internet, over the telephone, in person, in writing or through another channel, and whether made on behalf of yourself or on behalf of others for whom you have the authority to make a reservation.

MINIMUM AGE.

Pangea requires all guests to be at least 18 years of age at the time of check-in to overnight at Pangea.

Pangea requires all guests to be at least 19 years of age to purchase or consume any alcohol at Pangea. Any complimentary drinks which may be offered as part of a reservation will only be served to guests that are at least 19 years of age.

PAYMENT TERMS – NON-REFUNDABLE RESERVATIONS.

Pangea requires full payment of 100% of the total reservation amount upfront, including all fees and taxes. Non-refundable reservations will not be refunded at any time for any reason.

PAYMENT TERMS – REFUNDABLE RESERVATIONS.

Pangea requires a deposit of 100% of the total reservation amount upfront, including all fees and taxes.

PAYMENT TERMS – CURRENCY.

All reservation amounts, fees, taxes and other charges are calculated in Canadian Dollars. Please be aware that payment will be taken in Canadian currency at the prevailing foreign currency exchange rate at the date of payment. If prepayment of your reservation in full is not required and some portion is paid closer to the date of your reservation, the foreign currency exchange rate at this time might be different to the rate in effect at the time your reservation was made. You are responsible for any increase in cost as a result of such change in rates.

Certain banks and credit card companies charge their account holders a transaction fee for foreign currency exchange transactions. You are responsible for any such fees.

The foreign currency exchange rate and any transaction fees are determined solely by the bank or other body processing the transaction. If you have questions about the foreign currency exchange rate or transaction fees, you should contact your bank.

As a result of the above-listed fees and costs, the amount listed on your credit or debit card statement may differ from the amount showing on the billing summary page generated by us for your reservation.

CANCELLING A RESERVATION.

All cancellations need to be made via email to reservations@pangeapod.com and need to include the following details:

• Full name
• Email address used to make the reservation
• Reservation number
• Arrival date
• Departure date
• Pod type
• Reason for cancellation

Not making a payment does equate to cancelling a reservation.

Pangea maintains the right, in its sole and unfettered discretion, to cancel your reservation if you have not followed the terms of payment. In such circumstances, any deposit paid will not be refunded.

Pangea maintains the right to cancel any reservation in the event of force majeure or factors beyond its control. In such instances, Pangea will refund any amounts due for services not yet rendered.

CANCELLATION TERMS – NON-REFUNDABLE RESERVATIONS.

All reservations that are made on a non-refundable basis are subject to a 100% cancellation fee, regardless of the date on which they are cancelled.

CANCELLATION TERMS – REFUNDABLE RESERVATIONS.

High Season: Reservations with a check-in date from (i) 2022-12-02 through and inclusive of 2023-04-15, (ii) 2023-10-15 through and inclusive of 2024-04-13, (iii) 2024-10-13 through and inclusive of 2025-04-12, and (iv) 2025-10-12 through and inclusive of 2026-04-11 are subject to a strict 60-day cancellation policy, with any reservations cancelled within that 60-day period subject to a 100% cancellation fee.

All Other Times: Reservations that fall outside of High Season are subject to a strict 30-day cancellation policy, with any reservations cancelled within that 30-day period subject to a 100% cancellation fee.

CANCELLATION TERMS – IN-HOUSE PURCHASES.

All purchases made and/or charges added during check-in are non-refundable.

Any additional purchases made and/or charges added from check-in through check-out are non-refundable.

NO-SHOWS.

Any reservations that have not been checked in by midnight Pacific Standard Time on the confirmed date of check-in will be deemed “No-shows” and these reservations will be considered cancelled. “No-shows” are subject to a 100% cancellation fee.

FRAUDULENT BOOKINGS.

If any reservations show signs of, or are connected with, any suspected fraud or other suspicious activity, we may cancel those reservations and reserve the right to take whatever legal action we deem appropriate. You may be liable for losses and damages incurred by us as a result of such activity, including any legal costs that we incur as a result of such activities.

CHECK-IN.

Check-in starts at 4:00 PM (16:00).

A pre-authorization (also referred to as an “authorization” or “preauth”) is required at the time of check-in. This is generally calculated as CAD $50 per person per night, subject to a minimum of CAD $100, though may change from time-to-time as determined by the Company in its sole discretion.

You hereby accept that Pangea maintains the right to charge your credit card for any outstanding amounts due, including all potential fines levied, even after any preauths have been completed, and to pursue legal action against you should Pangea be unable to collect the requisite funds.

CHECK-OUT.

Standard check-out is at 10:00 AM. You do not need to come to reception. Your card on file will be charged for any amount due.

A ‘Late’ check-out option at 1:00 PM (13:00) and an ‘Even later’ check-out option at 3:00 PM (15:00) are available for an additional fee.

OCCUPANCY.

Standard occupancy is one person per pod.

No pod may be occupied, at any time, by more than two people. An additional fee of 100% of the total accommodation cost for the entire stay is applicable if double-occupancy is requested by you at the time of booking or check-in. Once applied, this fee is non-refundable.

You cannot add additional occupants to any pods after check-in. If unauthorised guests are discovered, Pangea reserves the right, at its sole discretion, to both (1) charge a fine equal to the sum of (a) $250 plus (b) 100% of the total accommodation cost for the entire stay (regardless of when the additional unauthorised guests are discovered) for each additional unauthorised guest discovered and (2) immediately remove both you and your unauthorised guests from the property without issuing any refund.

Due to space constraints and for the safety of all our staff and guests, Pangea does not allow visitors in suites and/or pods. If you bring visitors into your suite and/or pod we may evict you.

You cannot transfer your reservation to another guest, at any time, without the explicit approval of Pangea. Should you do so, the guest to which you transferred your reservation shall be considered an unauthorised guest and shall be refused entry to the property and fined per the terms laid out above.

DAMAGE.

You are responsible for the fixtures, fittings and Pangea’s contents in your pods and common spaces and are liable to compensate Pangea for any damage you cause (in whole or in part) to its property or its contents. Any damage discovered upon or after check-out, including missing linens and/or towels, will be charged to your credit card or cash deposit on file, as appropriate. You hereby accept that Pangea maintains the right to charge any credit card or other payment method associated with your reservation or your name for such damage, even after any preauths have been completed, and to pursue legal action against you should Pangea be unable to collect the requisite funds.

PERSONAL EFFECTS.

Pangea takes no responsibility for your personal effects. We suggest you keep important belongings with you at all times.

LAUNDRY.

Pangea takes no responsibility for any damage to, or potential shrinkage of, clothing, garments and other items that you may have laundered at the property. We suggest you have valuable items laundered at a professional dry cleaner.

HOUSEKEEPING.

All common areas, including washrooms within suites, are cleaned daily. Pods are cleaned upon check-out. Daily cleaning of pods, including the provision of clean towels on a daily basis, is available for an additional fee.

NO SMOKING.

Smoking is forbidden throughout Pangea, including on all of Pangea’s patios and balconies, as well as within six metres of Pangea’s main entrance and rear exit (collectively, “The Property”). Any guest found smoking on The Property will be (1) evicted immediately and (2) fined $250 plus any associated costs of cleaning or repair.

NO ANIMALS.

No pets are allowed in Pangea.

Please also note Pangea is unable to accommodate service animals given that Pangea is designed around shared sleeping and bathroom facilities. Please reference Section 3 (3) of the B.C. Guide Dog and Service Dog Act for further details.

QUIET PERIOD.

Pangea maintains quiet hours in its sleeping areas between the hours of 10:00 PM (22:00) and 7:00 AM. Noise complaints will be handed on a warning system. Pangea reserves the right, in its sole and unfettered discretion, to apply remedies including, but not limited to, fines, eviction without refund and compensation of guests affected by your excessive noise.

NO DISTURBANCES.

Pangea reserves the right, in its sole and unfettered discretion, to both fine and remove any guest who causes undue disturbances or excessive noise, whether during the Quiet Period or not, as determined in Pangea’s sole discretion.

COMPLAINTS.

Any complaints must be expressed within a reasonably immediate period after they arise via email (info@pangeapod.com), SMS (604-229-4763) or telephone (1-604-962-1011).

RIGHT TO REFUSE SERVICE.

Pangea is privately owned and operated.

Pangea reserves the right, in its sole and unfettered discretion, to refuse service or entry to anyone at any time for any reason that does not violate federal or provincial laws.

Pangea has a zero tolerance policy and will refuse to admit and/or will refuse to provide services or accommodation in our hotel to and/or may remove a person, without refund, who refuses to abide by the reasonable standards and policies established by Pangea and/or the province of British Columbia and/or the Municipality of Whistler for the operation and management of the hotel.

Pangea will refuse to provide services to and may evict a guest who:

1. Refuses or fails to pay for services or accommodation;
2. Is under the influence of alcohol, drugs, or any other intoxicating substance or is not in compliance with provincial liquor laws;
3. Acts in a disorderly fashion as to disturb the peace of other guests;
4. Seeks to use the hotel for an unlawful purpose;
5. Seeks to bring into Pangea an unlawfully possessed firearm or any explosive, hazardous or toxic substance, that is unlawful to possess or that may be dangerous to other persons;
6. Destroys, damages, defaces or threatens harm to hotel property or guests;
7. Causes or permits persons to exceed the maximum allowable occupancy of his/her pod or the hotel; and
8. Refuses to abide by the reasonable standards or policies established by Pangea for the operation and management of our property.

MOBILE MESSAGING.

Pangea utilises ‘Whistle Messaging’, a mobile messaging system, to communicate with guests during their stay. You agree and accept to opt in to receive messages from Pangea to the mobile phone number supplied on your reservation via SMS, WhatsApp, Facebook Messenger, etc. You understand that any mobile data or other fees incurred by you while communicating with us are entirely your responsibility. You further understand that you may opt out of receiving such messages at any time you choose by sending any of the following responses to any mobile message from us: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT.

CARD PROCESSING FEE.

Pangea adds a 3.5% card processing fee for all online card transactions, including, but not limited to, credit cards, debit cards, prepaid cards, gift cards, and other types of bank cards.

ADDITIONAL TERMS.

You agree to be bound by the Terms and Conditions and Privacy Policy as outlined on Pangea’s website.

SAFETY.

You are aware that climbing in and out of pods requires a certain level of agility, strength and coordination. You recognize these risks and dangers, and expressly assume all risks and dangers, whether or not described above, known or unknown, inherent or otherwise.

Areas above your pod are not designed for storing luggage and are not to be used for any purpose or accessed for any reason. You expressly waive all liability as it relates to Pangea related to accessing or using these spaces.

COVID-19.

You understand and accept that your temperature may be taken upon check-in, and that if you have a temperature of 38°C (100.4°F) or above you will not be allowed to check in. You understand and accept that, should this be the case, Pangea will (1) consider your current reservation to be a “No-show” with – other than set out in this section – all current and existing No-show policies (including those listed earlier in this document) applicable and (2) provide you with a full credit of the value of your reservation towards a future stay as compensation for your original reservation. No refunds will be made.

You further understand and accept that your temperature may be taken again during your stay should you display any symptoms of COVID-19 after check-in, and that you may be asked to leave if you have a temperature of 38°C (100.4°F) or above. Should this occur, Pangea will provide you with a credit of the unused portion of your reservation towards a future stay as compensation for your early departure. No refunds will be made.

You understand and accept that Pangea, in an effort to keep both its guests and its team members safe, will determine a specific window of hours each day during which suites will be cleaned, and that during such hours you will not be able to access your suite. These hours have been set as 1:00 PM – 4:00 PM (16:00) at the time of writing, though you understand and acknowledge that they might change on a day-to-day basis.

DATA COLLECTION.

You understand and accept that your personal and reservation data is collected through your original booking source (for example Booking.com, Expedia.ca, HostelWorld, etc.) and then sent to Hoteliga International via an SSL connection. You understand and explicitly agree that Pangea and its partners may store and share your personal information (for example your full name, email, country and phone number) and reservation information (for example room type, occupancy, check-in and check-out dates) with our technology partners, including but not limited to:

1. Whistle Messaging, Inc. (SMS provider) – Privacy policy
2. Siteground Hosting Ltd. (reservation system hosting company) – Privacy policy
3. ActiveCampaign, LLC (email newsletter system) – Privacy policy
4. SendGrid, Inc. (transactional messaging system) – Privacy policy
5. Hoteliga International (property management system) – Privacy policy

Use of your personal and reservation data by our technology partners will be governed by their respective privacy policies. You hereby explicitly agree to receive communications, including email and/or SMS communications containing items of a transactional and/or marketing nature, from Pangea and its partners. You understand that you will, at any time, be able to opt out of receiving such communications. You may request further information relating to our data collection, processing and privacy policies and also request that your information be removed at any time by sending an email to: privacy@pangeapod.com.

ASSIGNMENT.

Pangea reserves the right to transfer all data in its possession to a successor-in-interest to its business or assets.

INTELLECTUAL PROPERTY RIGHTS.

Pangea and/or its licensors own all rights and title to Pangea’s booking engine and all content and all intellectual property rights for all material on the booking engine. All intellectual property rights are reserved. You are granted a limited right to view and/or print pages from Pangea’s booking engine that relate to your reservation for your own personal use.

DISCLAIMER.

For a variety of reasons, Pangea’s booking engine may be unavailable from time to time, with or without notice to you, and your access to and use of the booking engine and any services available through it may be suspended, delayed, unavailable or cancelled as a result thereof. Pangea also makes no representations or warranties that the booking engine will be free of viruses or contamination or destructive features.

To the maximum extent permitted by applicable law, Pangea disclaims all representations, warranties (express, implied or statutory) and conditions relating to Pangea’s booking engine and the use of Pangea’s booking engine. Pangea will not be liable for any losses, liabilities, damages or costs of any kind which arise out of or in any way are connected with this agreement or the use of Pangea’s booking engine.

You assume the sole risk of making use of Pangea’s booking engine and bear the sole responsibility for any losses, liabilities, damages or costs of any kind that you may incur or become liable for, directly or indirectly, due to the use, unavailability or lack of functionality of the booking engine.

If, despite the limitation set out above, Pangea is found liable for any loss or damage which arise out of or in any way are connected with this agreement or Pangea’s booking engine, Pangea’s liability will in no event exceed in the aggregate the greater of the reservation fee that you paid to Pangea in connection with the relevant reservation or $100.00 Canadian Dollars. This limitation reflects an agreed upon allocation of risk between you and us and will survive and inure to the benefit of us.

INDEMNIFICATION.

You agree to defend and indemnify Pangea and any of Pangea’s officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, penalties and other costs or expenses of any kind or nature brought by third parties as a result of your breach of these Terms and Conditions, your violation of any law or the rights of a third party, or your use of Pangea’s information.

APPLICABLE LAW AND JURISDICTION.

Pangea is controlled and operated from offices in British Columbia, Canada, and is governed by the laws of the Province of British Columbia and any disputes in connection therewith are to be dealt with exclusively under the jurisdiction of the courts of the Province of British Columbia.

DISPUTES.

Pangea is committed to customer satisfaction. If you have a problem or dispute, please contact us and we will try to resolve your concerns.

CHANGES TO THESE TERMS AND CONDITIONS.

Pangea may revise these Terms and Conditions at any time by amending this page and will publish the updated version online from time to time. Please check this page each time you make a reservation to take notice of any changes that we have made as they are binding on you in relation to all matters except any reservations made prior to the date of the last set of changes. The Terms and Conditions as set out on this page at the time you made your reservation will continue to apply to that reservation. The date of the last set of changes is indicated at the bottom of this page.

2023-02-08