levelgroundstandard.org

Rule 25

The software company pays for failures it causes

Software company Version 0.1  ·  Working Draft

The rule

If the software helps cause a failed reservation, even partly, the software company pays the campground back.

  1. It repays the campground's actual loss from the failure: any refund the campground paid from its own funds for money it never received (for example, fees the software company kept, or a payout it never made), and the price difference when the campground moved the guest to a better site at no extra cost. A refund of the guest's own payment for a stay the campground didn't provide isn't a loss.
  2. It repays the make-goods the campground gave, up to cap · open.
  3. A general limit in the contract on what the software company owes can't shrink this.

What this looks like

The software sells site 8 twice for a holiday weekend. The campground gives the second family its published remedy.

The software company repays the campground's loss, including the make-good, even though its contract elsewhere limits what it owes to a month of fees.

Why

Some contracts cap the software company's liability at the greater of fees paid or $100. One large software company's terms disclaim responsibility for failed reservations.

How it's checked

Software company

Read the contract, including sampled order forms.

Pass

  • It promises (a)–(c) for failures caused in whole or in part by the software.

Fail

  • Repayment is under the general cap.
  • It's limited to failures "solely" caused by the software.
  • It's left to the software company to decide.
Evidence
Contract
Source
S4 (software part) · G5, G6, G7 · Evidence E25. Beyond source: S4 says the cap "does not exclude that loss." "Even partly," and the make-good cap, are readings beyond S4. Tag O6 (liability caps) is added from the source's harm table.