Terms of Service

Last revised: May 1, 2025

Welcome to the websites offered by Pyramid-BMC IntermediateCo I,LLC, its subsidiaries and affiliates, (“Pyramid Global Hospitality”), including specifically the hotels within the Benchmark Resorts & Hotels portfolio of brands (“Benchmark”and together with Pyramid Global Hospitality, “Pyramid”) .

We offer information about our properties and services via:

websites owned and operated by us, including www.pyramidglobal.com, www.benchmarkresortsandhotels.com and other websites owned or controlled by us that reference these Terms (“Sites”);
through software applications (including chat functionality and other automated tools) made available by us for use through computers and mobile devices (“Apps”);
through social media pages that we control from which you are accessing these Terms (“Social Media Pages”),
collectively, the “Services”.

As used throughout the Sites, the terms “Pyramid”, “our”, “we,” “us” and other similar terms may refer to Pyramid or one or more of its subsidiaries or affiliates. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Services. If you are using the Services on behalf of any other individual, entity, or organization, you represent and warrant that you are authorized to accept these Terms on behalf of such individual, entity, or organization.
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These Terms govern your use of the Services, and, together with any Booking Terms (defined below), set out the terms on which hotel reservations are made available to you through our Services. THIS IS A BINDING LEGAL CONTACT. PLEASE READ THESE TERMS CAFEFULLY BEFORE USING OUR SITES. YOUR USE OF OUR SERVICES AND ANY HOTEL BOOKINGS MADE THROUGH OUR SITES ARE CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS. PLEASE DO NOT USE THE SERVICES (FOR BOOKINGS OR OTHERWISE) IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS.

We reserve the right, at our discretion, to change and or modify portions of these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms periodically for changes. We will display the effective date of these Terms at the top of this page. Your continued use of our Sites following the posting of changes to the Terms will mean you accept those changes.

Our Services are controlled and operated from the United States and are subject to United States law.

The section titled “Dispute Resolution” contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read that section carefully. By accessing or using the Services, you will only be permitted to pursue claims or relief against Pyramid or its agents as an individual plaintiff (and not as a plaintiff or class member in any proceeding).

In these Terms:

“Pyramid Content” means Pyramid or Properties’ rate and accommodation information, amenity information, availability information, images, photos, hotel descriptions, Pyramid trademarks, service marks, copyrights, patents, trade secrets, reservation confirmations, and other Intellectual property rights and information made available by Pyramid or the Properties through the Services.

“Property” or “Properties” means the hotels, resorts, homes and villas we own or manage.

“you” refers to you, the guest, using the Services (to book a reservation or otherwise).

Privacy; Cookies; Do Not Track

For information regarding how we collect, use, and disclose your personal data, please see Pyramid’s Privacy Notice.

For information regarding your choices regarding the use of Cookies, please see the Cookie Notice. Our tools recognize Do Not Track (DNT) signals, allowing us to respect your privacy preferences. If you enable the DNT feature in your browser, we will honor your preference by not tracking your online activities. For more information about DNT and how it works, please visit the Electronic Frontier Foundation's Do Not Track page.

Use of Services

General

By using the Services, you represent that you are of sufficient legal age to use the Services and to create binding contracts for any legal obligations and/or liability you may incur as a result of the use of the Services, and at a minimum, eighteen (18) years old. If you are not of sufficient age to make binding contracts or are under eighteen (18) years old, please contact the Property you are interested in directly for assistance.

You also warrant that if you are making travel booking for another person, you have obtained their prior authorization to do so and you will notify them of the terms that apply to the bookings and ensure that they agree to them. You are responsible for paying any amounts due, making change/cancellation requests and for all other matters relating to any reservations.

The Services are for your personal use only.

If you have an account with us, you are responsible for safeguarding your account information (including your passwords, log-in, etc.) and for any use of your account by you or others.

Restrictions

You agree that you will not:

make any false or fraudulent bookings,
use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Services,
take any action that imposes an unreasonable or disproportionately large load on our infrastructure,
use the Services for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list,
create a hypertext link from any web site controlled by you or otherwise, to the Sites without the express written permission of Pyramid,
pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Pyramid or any third party that provides services related to the Services,
use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our sites or the Pyramid Content contained therein, or any aspect of the Services or the Pyramid Content, without the prior express consent from an authorized Pyramid representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites),
attempt to bypass or circumvent any measures employed on our Services to limit access,
interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Services in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program,
deep link to any part our Services,
frame of mirror or otherwise incorporate any portion of our Services into any other website or application,
use our Services in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner, or
use our Services for any purpose that is illegal, unlawful, or prohibited by these Terms.

We reserve the right in our sole discretion to revoke or deny your access to our Services, including, without limitation, if you violate any of the provisions of these Terms.

Inaccuracies and Errors

Pyramid Content may contain technical inaccuracies and typographical errors, including but not limited to relating to pricing or availability applicable to your booking. Pyramid does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to Pyramid Content, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

Miscommunications / Lost Transmissions

Pyramid and any other providers of products or services related to the Services are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Pyramid and any other providers of products or services related to the Services are not responsible for incorrect or inaccurate input information, whether caused by user(s) or by any of the equipment or programming associated with the Services, or by any technical or human error that may occur in the processing of any information related to the Services.

Monitoring

You agree that Pyramid has no obligation to but may monitor and review information you transmit over the Services. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that Pyramid deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the sites or to protect the rights or properties of Pyramid. You agree that Pyramid may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

Map Tools

Any use of the maps functionality made available through the Services shall be governed by the applicable end user terms for such maps application. Pyramid shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.

Third-Party Sites

If you choose to leave our Services via links to other third-party websites, including those of advertisers, our Terms and our Privacy Notice will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Pyramid is not responsible for the availability of such third-party sites or resources, and that Pyramid does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

Booking Terms

In addition to the other terms and conditions specified on the Services regarding our Properties (for example, Property policies presented during booking), the following general terms and conditions apply to reservations booked on the Services (“Bookings Terms”):

Services Variability; Room Availability

Our Services contain information on Pyramid products and services, not all of which are available in every location. A reference to a Pyramid product or service on one of our Services does not imply that such product or service is or will be available in your location. Images may not match the actual facilities and features of the guest room booked by you on our Services.

While Pyramid and each Property is committed to accommodating room preferences and fulfilling reservations, from time to time, a Property may receive more requests than it can accommodate. Please see the Property policies in this case. PYRAMID IS NOT RESPONSIBLE FOR ANY FAILURE BY A PROPERTY TO FULFIL A RESERVATION OR PARTICULAR ROOM REQUEST.

Cancellation; No-shows; Booking changes

Each Property may have varying policies regarding cancellation, no-show and reservation changes (“Policies”). Information about the Property Policies as well as individual rate rules, tax information and applicable charges are displayed in the Property reservation/booking pages or are otherwise made available by the applicable Property.

Fraud; Mistake

Pyramid and any other providers of products or services related to the Services may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither Pyramid nor any other providers of products or services related to the Services are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Services which are not processed or accepted for any reason.

Travel Destinations

Travel to certain destinations may involve greater risk than others. We recommend that you review travel prohibitions, warnings, announcements and advisories issued by the U.S. Government prior to booking travel to international destinations. Information on conditions in various countries and territories and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

PYRAMID DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THE SITES ARE ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

Currency

For non-US Properties, rates confirmed in USD may be converted to local currency by the Property at your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property’s control and may impact the amount charged to your credit card.

Content Rights; Intellectual Property; Copyright Claims

User Content

When you share content with us through our Services—whether via email, posts, or any other method, including reviews, photos, videos, questions, comments, suggestions, ideas, or similar material (collectively referred to as "User Content"), you:

represent and warrant that your User Content is your own original creation and that you possess all necessary rights to permit us to use it as outlined in these Terms.
Grant us and our partners, as legally allowed, a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform your User Content worldwide across any media, whether existing now or developed in the future.
Understand and agree that Pyramid and our partners might use the name you provide with your User Content to attribute it (e.g., displaying your first name and location on a review) in a non-identifiable way at our discretion.
Authorize us, including our subsidiaries and affiliates to pursue legal action against any individual or entity that infringes on your rights or our rights regarding your User Content.
Acknowledge that User Content is not confidential or proprietary.
Agree to waive any 'moral rights' you might have in your User Content (such as rights of attribution or integrity), and consent to the publication, use, modification, removal, or exploitation of your User Content by Pyramid, our partners, or other licensees without objection.
Accept full responsibility for the content of your User Content. You must not submit or transmit content that:
- Is unlawful, threatening, libelous, defamatory, obscene, pornographic, or infringes on any legal rights of publicity or privacy.
- Is commercial in nature (e.g., solicitation, advertising, or marketing of goods or services).
- Violates or misappropriates any copyright, trademark, patent, or other proprietary rights of third parties.
- Is objectionable based on public interest, morality, order, security, or national harmony.
Bear sole liability for any damages resulting from non-compliance with these requirements or any harm from posting User Content on our Services.
Recognize that we may exercise our rights concerning User Content (e.g., use, publish, delete) without prior notice.
Understand that if you submit multiple reviews for the same property, only your most recent submission will be considered for use.

We do not claim ownership of, endorse, or affiliate with any User Content submitted by you.

Intellectual Property

Our Services may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Pyramid and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Pyramid and/or other parties is granted to or conferred upon you other than a right to review such content using a conventional browser to conduct ordinary browsing.

You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Pyramid ’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Services (or any part of its content) is strictly prohibited.

Notice & Procedure for Making Copyright Infringement Claims

Pyramid respects the intellectual property of others. We will respond to notices of alleged copyright infringement in accordance with the requirements of the United States Digital Millennium Copyright Act. If you believe that anything on the Services infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Pyramid Global Hospitality
Attention: Copyright Agent, Legal Department
30 Rowes Wharf, Suite 5300
Boston, MA 02110
Telephone Number of Designated Agent: 617-412-2800
Email Address of Designated Agent: legal@pyramidglobal.com

You must include the following information:

Your name, address, telephone number and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing material and where it is located on the Services;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
Your written or electronic signature attesting to the above.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you believe your content has improperly been removed from the Services in response to our receipt of a DMCA notification, you may submit a DMCA counter notification by contacting Pyramid at:

You must include the following information:

Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Pyramid would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your written or electronic signature attesting to the above.

General Legal Terms

Confidentiality; Feedback

With respect to all communications you make to us regarding Pyramid Content including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND PYRAMID CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR PYRAMID CONTENT WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR PYRAMID CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

Limitation of Liability

To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Services or in connection with the use, inability to use, or results of the use of our Services, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

IN THE EVENT PYRAMID IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE AMOUNTS PAID BY YOU FOR SERVICES BOOKED THROUGH THE APPLICABLE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

Governing Law

These Terms shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in the Commonwealth of Massachusetts, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Dispute Resolution

These Terms will be interpreted and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

Agreement to Arbitrate: Except with respect to any claim or dispute involving the ownership, validity or use of any Pyramid trademarks or service marks, any dispute arising out of or related to the Services (including any claim that any provision of these Terms are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Pyramid shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Boston, Massachusetts and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and Pyramid waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and Pyramid waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms, as a court would.

In reaching his or her decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER YOU ACCESS THE SERVICES FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO PYRAMID GLOBAL HOSPITALITY, 30 ROWES WHARF, SUITE 5300, BOSTON MA 02110.

If you opt-out of the Agreement to Arbitrate, or if the Agreement to Arbitrate is found not to apply to your claim or dispute, you agree that any claim or dispute between you and Pyramid will be resolved exclusively by a state or federal court located in Boston, Massachusetts. You and Pyramid agree to submit exclusively to the personal jurisdiction of the courts located in Boston, Massachusetts for purposes of litigating all such claims or disputes other than claims or disputes arising under the Agreement to Arbitrate.

TO THE FULLEST EXTENT POSSIBLE, EACH PARTY WAIVES IN FULL THE RIGHT TO A TRIAL BY JURY IN REGARD TO ANY DISPUTES, CLAIMS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, COMPLAINTS, LITIGATION OR ANY MATTER WHATSOEVER AND OF ANY TYPE OR NATURE, WHETHER IN CONTRACT, TORT OR OTHERWISE, THAT THE PARTY MAY HAVE NOW OR IN THE FUTURE RELATING TO THESE TERMS. However, nothing herein will in any way limit either party’s statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. The substantially prevailing party in any claim or dispute will be entitled to recover all costs, including its reasonable outside attorneys’ fees and costs, incurred in connection with such claim or dispute. Except as expressly provided herein, the remedies of the parties hereunder are non-exclusive and are in addition to any other rights and remedies provided by law.

Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

Class Action Waiver. You agree that you will not file a class action against Pyramid or participate in a class action against Pyramid. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Pyramid.

If you have questions about these Terms, please send an e-mail to legal@pyramidglobal.com.