The rule
If the software helps cause a failed reservation, even partly, the software company pays the campground back.
- 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.
- It repays the make-goods the campground gave, up to cap · open.
- 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.